Excerpt: ...n of the Unruh Act. On 3/6/2024, Defendant moved to have Plaintiff declared a vexatious litigant, and be required to post a security. Discussion Vexatious litigant statutes were created to counter the abuse of the court system by “persistent and obsessive litigants.” (Bravo v. Ismaj (2002) 99 Cal. App. 4th 211, 220- 21.) Under Code of Civil Procedure, section 391.1 through 391.6, to counter a potential vexatious litigant, “a defendant may s...

Excerpt: ...ng, LLC (“Defenda\ nt”) alleging various Labor Code violations. On April 4, 2024, Plaintiff file\ d this motion for an order compelling Defendant to comply with its responses to\ Plaintiff's inspection demands. Plaintiff also requests monetary sanc\ tions. If a party filing a response to an inspection demand thereafter fails to\ permit the inspection in accordance with that party's statement of compl\ iance, the demanding party may move f...

Excerpt: ...za Bernal (“Almanza”), Nissin International Transport U.S.A., Inc. (“Nissin”), and Does 1 to 100 (collectively, “Defendants”) for damages aris ing out of a motor vehicle accident. The complaint sets forth a single cause of action for motor vehicle negligence. The form complaint alleges all Defendants operated the motor vehicle, employed persons who operated the motor vehicle in the course of thei r employment, owned the motor vehicle,...

Excerpt: ... of a commercial lease. On August 9, 2022, Plaintiff filed a motion for summary judgment, or in the alternative, summary adjudication. The motion sought summary judgment or adjudication of the first cause of action for breach of lease of action, as well as Defendant's second, fifth, twelfth, fifteenth, twenty -fifth, and twenty- sixth affirmative defenses. On October 25, 2022, the Court denied Plaintiff's motion for summary judgment, but it grant...

Excerpt: ... case. On August 10, 2022, plaintiff Mercedes Sevilla (Plaintiff) filed this action against defendants Starbucks Corporation (Starbucks), Jacklyn Saucedo, and Does 1 through 100. On February 9, 2023, Plaintiff filed the operative First Amended Complaint (FAC), alleging causes of action for strict products liability, negligence, and breach of implied warranty. On May 2, 2023, the Court sustained Starbucks' demurrer to the First and Third Causes of...

Excerpt: ...AYS OF NOTICE OF THIS ORDER. ANALYSIS: On September 11, 2020, Plaintiff Leonard R. Tyler (“ Plaintiff”) filed this motor vehicle action against Defendants Noa Estrada and Jose Vargas Guzman (“Defendants”). On December 4, 2023, the Court granted Defendants' discovery motions and ordered Plaintiff to serve responses to interrogatories and requests for production, and to pay sanctions within 20 days. (Minute Order, 12/04/23.) Defendants file...

Excerpt: ...s hip at a Peet's Coffee location. Plaintiff alleges that because of his injury, he had to get surgery and seeks damages. Plaintiff sued Peets Coffee and Defendant CPF Promenade LLC. Because of his age, Plaintiff filed this motion pursuant CCP § 36(a) seeking a trial preference for a trial date within 120 days. He argues in his motion that he has a substantial interest in the case as the plaintiff and that his age and health necessitate the gran...

Excerpt: ...ll lot residences” in Highland Park, Los Angeles. The parties “form ed” Defendant Prime LA Ventures LLC for purposes of conducting the demolition and development. Each member contributed $30,000. On June 23, 2026, Plaintiff Parvis Shavalian loaned Prime LA Ventures LLC $200,000 pursuant to a 48 month promissory note. On June 29, 2016, Prime LA Ventures LLC purchased the subject property for $628,000 using the $200,000 plus a separate $425,0...

Excerpt: ...s Court to amend the judgment in this matter entered on February 1, 2024, against Respondents Manuel Bernal (“Manuel”), Bernal Capital Group (“BCG”) and 702 Saint Andrews, LLC (“Seller”) (collectively “Respondents”) to include Albert Bernal (“Albert”) as a judgment debtor on the grounds Albert (i) is a general partner of Respondent and judgment debtor BCG; (ii) is the alter ego of Respondent and judgment debtor BCG; (iii) is t...

Excerpt: ...ed. • 12/22/22: First Amended Complaint filed. • 03/03/23: Cross-Complaint filed by Defendant/Cross- Complainant David Okju An as to Plaintiff. • 03/13/23: Cross-Complaint filed by Defendants/Cross -Complainants Jhon Taehyo Lee and Dong Goon Lim as to Defendant David Okju An. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for fraud, breach of fiduciary duty, and elder abuse arising from a series of agreements with Defenda...

Excerpt: ...ent -contract issue. BACKGROUND Harbor Rail is a company that performs inspections and repairs for railroad clients. Plaintiff used to work for Harbor Rail as a mechanic. He contends Harbor Rail subjected him and other current and former employees to numerous wage-and-hour violations. Here, Harbor Rail moves to compel arbitration. The main issue is whether the Federal Arbitration Act (“FAA”) or the California Arbitration Act (“CAA”) appli...

Excerpt: ...uchstone. He contends Touchstone subjected him and other current and former employees to numerous wage- and-hour violations. Here, Touchstone moves to compel arbitration. DISCUSSION Existence and Assent “[W]hen a petition to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine whether the agreement exists and, if any defense to its enforcement is...

Excerpt: ...aw action filed June 1, 2022. Plaintiff alleges that he purchased a 2019 Honda Odyssey which manifested electrical, transmission, and engine defects. Plaintiff moves to compel compliance with the Court's February 27, 2023 Order compelling further responses to requests for production and for sanctions. TENTATIVE RULING: Plaintiff's Motion to Compel Compliance is GRANTED. Defendant is ordered to produce verified, code-compliant responses without ob...

Excerpt: ...for injuries arising from a motor vehicle collision. At this time, Defendant moves to compel Plaintiff to make his vehicle, a 2018 Lexus RC 350 F Sport bearing license plate number 8HIM426, available for inspection at Plaintiff's home address located at 4376 Kling Street Burbank, CA 91505. Defendant further requests monetary sanctions. Any opposition was due on or before May 10, 2024. To date, no opposition has been filed. II. MOTION TO COMPEL IN...

Excerpt: ...The Court does not see an answer to the complaint in the file. Defendant appeared in this action in November 2021 and has been litigating the matter. Defendant has noticed Plaintiff's deposition on multiple occasions, beginning in December 2022. (Bell Decl., ¶¶ 4 -9 & Exhs. A -E.) In February 2024, Plaintiff confirmed that she was available for deposition on March 19, 2024. ( Id. , ¶ 10 & Exh. F.) Defendant then served a notice for Plaintiff t...

Excerpt: ...llegations drawn from the Complaint (as defined below). Between March 1, 2020 and August 31, 2021, plaintiff Shahnaz Ostad Kalimi (“Plaintiff”) lived in a third -floor apartment at a certain real property (the “Property”), which she leased from defendants Tarzana Five Properties, LLC (“Opposing Party” and, toget her with Plaintiff, “Parties”) and Peyman Jacob Yadegar. (Complaint pp. 5 – 6.) Throughout Plaintiff's tenancy at the ...

Excerpt: ...onding Party: Plaintiff Martin Hutto (1) Motion to Compel Further Responses to Form Interrogatories —Employment Law (2) Motion to Compel Further Responses to Requests for Admission The court considered the moving, opposition, and reply papers. RULING Defendant's Motion to Compel Further Responses to Form Interrogatories —Employment is DENIED. Defendant's Motion to Compel Further Responses to RFAs is DENIED. Defendant and Defense counsel are o...

Excerpt: ..., Set One and for Sanctions is moot, in part, and denied, in part. Background Plaintiffs filed the Complaint on November 18, 2022. Plaintiffs' First Amended Complaint was filed on August 9, 2023. Plaintiffs allege the following facts. Plaintiffs are 25 percent owners of the partnership Westchester Triangle 8. The partnership owns commercial property - 6227- 6241 W. 87th Street, Los Angeles, CA 90045 - that is leased. Plaintiffs made an offer to t...

Excerpt: ...tories and Special Interrogatories, Sets One. (Simpson Decl., ¶2, Exh. A.) After the parties agreed to an extension of the deadline for responses, on December 18, 2023, Plaintiff served res ponses to the interrogatories. (Simpson Decl., ¶¶3-5, Exh. D.) On January 12, 2024, Defendant sent meet and confer correspondence regarding the responses, and on February 13, 2023, Plaintiff served supplemental responses to the interrogatories. (Simpson De ...

Excerpt: ...ponses to Special Interrogatories, Set One, is CONTINUED TO June 4, 2024 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: Plaintiff Jonathan Nissanoff (“Plaintiff”) filed the instant action for common counts and breach of contract against Defendant Oscar Health Plan of California (“Defendant”) on December 27, 2022. Plaintiff filed a First Amended Complaint on February 14, 2023. Plaintiff filed a “Motion to Compel ...

Excerpt: ...ectio n (2) Defendant Barry Gloth's Motion to Compel Further Responses to Special Interrogatories, Set One without Objection (3) Request for Monetary Sanctions Tentative Rulings: (1) Granted . (2) Granted . (3) Request for Monetary Sanctions is granted in a lowered amount . I. BACKGROUN D A. Factua l On October 10, 2022, Plaintiffs, Ofelia Orozco -Gonzale z and Paulin Aguirre -Gonzalez (collectively, “Plaintiffs”) filed a Complaint against De...

Excerpt: ...STCV19923 Hearing Date: 5/23/24 Trial Date: N/A [TENTATIVE] RULING RE: Plaintiff Nathaniel Howard's Motion to Compel Further Responses to Special Interrogatories, Set One, by Defendant Kenneth Melrose, and for Monetary Sanctions in the Amount of $13,360 Against Kenneth Melrose and His Counsel of Record Klinedisnt PC; and Plaintiff Nathaniel Howard's Motion to Compel the Second Session of Deposition of Defendant Kenneth Melrose and Request for San...

Excerpt: ...None filed as of May 21, 2024 RELIEF REQUESTED Defendant the People of the State of California, acting by and through the Department of Transportation (“Defendant”) moves for an order to compel Plaintiff's responses to Defendant's Special Interrogatories, Set One and for sanctions against Plaintiff in the sum of $2,400. Defendant also moves for an order compelling Plaintiff to respond to Defendant's Request for Production, Set One, and for mo...

Excerpt: ...olation of Song -Beverly Act – Breach of Express Warranty, (2) Violation of Song- Beverly Act – Breach of Implied Warr anty, and (3) Violation of Song -Beverly Act Section 1793.2. MOTION 1 - RELIEF REQUESTED¿ “Plaintiffs, GABRIELA RAMIREZ CUENCA and DAVID CHRISTOPHER GEMUS (hereinafter “Plaintiffs”), will, and hereby do, move for an order to compel responses, without objections, to Plaintiffs' Form and Special Interrogatories, Set One ...

Excerpt: ...ry Conway, William Conway, One Day Doors and Closets, Inc., and One Day Enterprises, alleging: (1) breach of written contract; (2) breach of the implied duty of good faith and fair dealing; (3) tortious interference with contractual relations; and (4) unlawful business practices. On 2/9/2024, One Day Defendants moved for summary judgment, or in the alternative, summary adjudication, of the third and fourth causes of action.[1] Evidentiary Objecti...