Excerpt: ...le, which she hired through Defendant Lyft, Inc.'s (“Lyft”) ride -share app. Plaintiff alleges that Ernie Doe drove dangerously, recklessly, and without regard for her safety by running several red lights and driving at excessive speeds. Plaintiff believes that Ernie Doe was intoxicated by drugs or alcohol. Plaintiff alleges that while she was being driven by Ernie Doe, Ernie Doe's vehicle collided with the rear of another vehicle. The compla...

Excerpt: ... from working with defendants' products containing crystalline silica. The causes of action are: 1) Negligence; 2) Strict Liability – Warning Defect; 3) Strict Liability – Design Defect; 4) Fraudulent Concealment; 5) Breach of Implied Warranties; and 6) Loss of Consortium. This tentative ruling addresses motions filed by two of the defendants. First, Defendant CAESARSTONE USA, INC. (“Caesarstone”) demurrers to each claim of the Complaint ...

Excerpt: ...egedly sustained when she slipped and fell on water near the door of the restroom on June 9, 2019. On July 5, 2022, Plaintiff filed an amendment to complaint naming Nationwide Janitorial Services, Inc. as Doe 1. On November 29, 2023, the Court granted defendants Culver City Mall, LLC, erroneously sued as Westfield, LLC and Nationwide Janitorial Services, Inc. ("Defendants") motion to compel Plaintiff to provide supplemental responses, and the Cou...

Excerpt: ...Infiniti Tax Costs Plaintiff Mabel S. Vera RELIEF REQUESTED: Attorney Fees Attorney fees in the amount of $65,715.00. Tax Costs Strike costs claimed in Item 1, Item 12 (Item 11), and Item 16 FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Mabel S. Vera alleges that in May of 2021 plaintiff leased a 2021 Infiniti QX50 vehicle from an authorized dealer and agent of defendant Nissan North America, Inc., the manufacturer of the vehicle, and that the sub...

Excerpt: ...ling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: Before the Court is a motion for attorney's fees brought by Tim Ditty (Ditty) as against Rosemead Holdings, LLC (Plaintiff). Ditty seeks to recover attorney's fees pursuant to C.C.P. § 2033.420. C.C.P. § 2033.420 allows for the recovery of attorney's fees where a moving ...

Excerpt: ...e) provides that “[t]he court shall award court costs and attorney's fees to a prevailing plaintiff in litigation pursuant to this section. Reasonable attorney's fees may be awarded to a prevailing defendant upon a finding by the court tha t the plaintiff's prosecution of the action was not in good faith.” “It is well established that the determination of what constitutes reasonable attorney fees is committed to the discretion of the trial ...

Excerpt: ...as Michael Avsharian. Plaintiff filed an opposition and Defendants filed a reply. Discussion Defendants requested attorneys' fees based upon the Lease's attorneys' fees provision. (Gouloomian Decl. Exh., 1, par. 31.) The parties are not in dispute that Defendants are the prevailing parties. Plaintiff argued that the reasonable hourly rate is ex cessive because the case was not complicated, pretrial hearings/motion work was not extensive, experts ...

Excerpt: ...liability action. Plaintiff alleges on August 4, 2021, Plaintiff purchased and consumed fried rice from a P.F. Chang's restaurant located in Sherman Oaks and while consuming the fried rice, he bit into a metal object resulting in injuries . On August 2, 2023, Plaintiff filed a complaint against Defendants P.F. Chang's China Bistro, Inc. (erroneously sued and served as P.F. Chant's III, LLC) (“P.F. Chang's”) and Christine Doe for strict liabil...

Excerpt: ...ff”) filed this action against defendants Special Service For Groups, Inc., et al. for damages arising from hot water being thrown on Plaintiff by another resident at a housing for the homeless. The form complaint indicates causes of action for (1) general negligence and (2) intentional tort. Defendant Special Service For Groups, Inc. (“SGS”) now demurs to each cause of action, arguing both fail to state sufficient facts to constitute a cau...

Excerpt: ...para. 2] RELIEF REQUESTED: Sustain demurrer to fourth cause of action of Complaint Strike punitive damages CAUSES OF ACTION: from Complaint 1) Breach of the Contract 2) Negligence 3) Indemnity 4) Fraud and Deceit SUMMARY OF FACTS: Plaintiffs Bertram Yuh and Janice Yuh allege that they have a primary residence located in La Canada Flintridge, and that in December of 2020, plaintiffs entered into a written contract with defendant Building Worx, Inc...

Excerpt: ...y papers. Defendant's Demurrer to Plaintiff's Complaint is SUSTAINED in its entirety. The Motion to Strike is DENIED as moot. Plaintiff is granted 20 days leave to amend. BACKGROUND Procedural History Maud Chaira (Plaintiff) filed a Complaint on December 13, 2023, against their[1] former employer Citiguard Inc. (Defendant) for the following five causes of action: 1. Wrongful Termination 2. Intentional Infliction of Emotional Distress 3. Retaliati...

Excerpt: ...e Second Amended Complaint received on November 20, 2023 is deemed filed. The “Fourth Amended Complaint” received on December 4, 2023 is rejected. The demurrer to “claim for negligent infliction of emotional distress and vicarious liability” is OVERRULED. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND as to exemplary and punitive damages in the SAC. Defendants are ordered to file an answer within 20 days to the SAC, which is the o...

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, the Court may adopt the tentative ruling as the final ruling. Plaintiff is a general contractor alleging that Defendant issued an unfounded and fabricated “for cause” termination certification so that the owner of the project could terminate the contract without paying additional ...

Excerpt: ...ant may move for judgment on the pleadings where the court has no jurisdiction of the subject of the cause of action alleged in the complaint or the complaint does not state facts sufficient to constitute a cause of action against that defendant. (Code Civ. Proc., § 438 subd. (c)(1)(B).) A non- statutory motion for judgment on the pleadings may be made any time before or during trial. (Stoops v. Abbassi (2002) 100 Cal.App.4th 644, 650.) “Such ...

Excerpt: ...D. (“Plaintiff” or “Dr. Najibi”) was a vascular surgeon who was a health care worker, health care practitioner, physician, and member of the medical staff at Providence Health System -Southern California, Providence Health & Servic es, and Providence Saint Joseph Medical Center (collectively, “Providence”). While employed at Providence, Dr. Najibi served as the chair of the patient optimization committee. The committee initiated ongoi...

Excerpt: ...Lopez (collectively, “Defendants”) asserting a single cause of action \ for motor vehicle negligence arising from a motor vehicle incident that occurred on November 12, 2021. On December 6, 2023, a First Amended Complaint (“FAC”) was filed whic\ h added Bertha Leticia Breton (“Breton”) as a plaintiff to the sam\ e cause of action for motor vehicle negligence. On January 11, 2024, Defendants filed this demurrer to the FAC only with res...

Excerpt: ...INED WITH FIVE DAYS LEAVE TO AMEND. BACKGROUND On December 19, 2022, plaintiff Jack Chueng dba Three -C Co (self -represented) filed an unlawful detainer complaint against David Tran and Vortex Alliance based on a three- day notice to perform covenants or quit dated June 30, 2021 at the property at 14909 South Crenshaw Blvd., #201, Gardena, CA 90249. On March 3, 2023, the court granted defendant Vortex's motion to quash service of summons and com...

Excerpt: ...Big Sisters Association of Los Angeles dba Camp Bob Waldorf (erroneously sued as two separate entities) (“JBBBS” or “Defendant”) Responding Party: Plaintiff, David Hernandez, a minor, by and through his Guardian Ad Litem Daizy Villalvazo RELIEF REQUESTED Defendant, Jewish Big Brothers Big Sisters Association of Los Angeles dba Camp Bob Waldorf (erroneously sued as two separate entities) (“JBBBS” or “Defendant”), demurs generally a...

Excerpt: ...he demurrer. LEGAL STANDARD A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (¿¿ Blank v. Kirwan (1985) 39 Cal.3d 311, 318¿¿.) “¿To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action; each evidentiary fact that might eventually form part of the plaintiff's proof need not be al...

Excerpt: ...utives, Inc. (NS Executives) sued Defendants Non -Stop Enterprise, Inc. (Non -Stop) and Does 1 through 10 pursuant to an unlawful detainer (UD) Complaint. The UD claim arises from Non -Stop's tenancy of premises from NS E xecutives pursuant to a commercial lease agreement and Non-Stop's breach of that agreement through nonpayment of rent. NS Executives pray for possession of the premises, costs, past -due rent of $100,000, and reasonable attorney...

Excerpt: ...es of action for (1) breach of contract, (2) open book account, and (3) account stated. The action arises f rom Defendants' alleged failure to pay for construction materials provided by Plaintiff. On January 19, 2024, Defendant Marciano filed the instant demurrer to the complaint. Plaintiff filed its opposition on March 4, 2024. Defendant filed his reply on March 11, 2024. LEGAL STANDARD A demurrer for sufficiency tests whether a pleading states ...

Excerpt: ...perty. Plaintiff alleges that on April 27, 2002, Plaintiff entered into a written lease agreement with Defendant Vigan Sardariani (“Defendant”). Plaintiff alleges that the lease expired and became a month -to -month tenancy effective May 1, 2012. Plaintiff alleges that since September 30, 2023, rent was due and owing in the amount of $121,000. The first amended complaint (“FAC”), filed February 20, 2024, allege causes of action for: (1) n...

Excerpt: ...or dissolution and sale of the LLC on December 9, 2021. Paul Baskaron alleges that he, John Mikhael, and Andrew Mekhail are each a member of Calibliss and they each hold a 1/3 interest in the LLC. Paul Baskaron alleges that the only asset Calibliss has is a conditional permit from the City of Palm Springs to operate a marijuana dispensary on the land. He alleges that Calibliss has no money to set up the store and has done nothing to maintain the ...

Excerpt: ...ling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: Kristina Hoekstra (Plaintiff) moves to compel James and Annette Volken (Cross -Defendants) to arbitrate the dispute between them. This action concerns Plaintiff's purchase of the property known as 10024 McBroom St, Sunland, CA 91040 (the Property). Plaintiff alleges that t...

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, the Court may adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendants failed to install an HVAC and plumbing system in accordance with the agreement, and perform substandard work. On February 15, 2024, following a jury trial, the jury rendered a verdict in fa...

Excerpt: ...ling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. ALLEGATIONS: Timothy Goeke Jr. (Plaintiff) brings this action against Cri- Help, Inc. (Cri-Help), Brandon Fernandez, Gary Horejsi, Mitchell Jordan, Charles Burstin, Junie Gonzalez, Kim Long, Diane Baker, Mary Grayson, Renee Brazell, Emma Corell, Marlene Nadel, Emmy Olea, and Harrison Blo...

Excerpt: ...or Leave To Add Alter Egos, Andrew Faour, An Individual, Zain Diab, An Individual, And Liquorama, A California Corporation is DENIED . Background These are employment/FEHA cases. Re Mora: Mora was hired as a server in February 2022. Mora experienced endured abusive language from fellow employees and supervisors, screamed at Plaintiff front of customers, and was not permitted to take an adequate number of meal and rest periods. Re Kathryn: Kathryn...

Excerpt: ...d request for punitive damages. A. Objections Plaintiff's Objections: The court did not rely on this document. Defendant's Objections: Overruled B. Summary Judgment A defendant seeking summary judgment must “conclusively negate[] a necessary element of the plaintiff's case, or . . . demonstrate[] that under no hypothesis is there a material issue of fact that requires the process of trial.” ( Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 33...

Excerpt: ...ling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: Melise Vartanians (Plaintiff) brings this action against Rafik Bazikian, 428 E. Santa Anita HOA, Artur Nersisyan, Nora Ivanyan (collectively Defendants). Plaintiff alleges that she was attacked by a dog owned by Defendants, which resided at property owned by Rafik Bazikian...

Excerpt: ...ntiffs Robert Nantz, Jr., in and through his successor in interest Barbara Nantz, and Barbara Nantz Motion to Bifurcate Trial Into Two Phases to Determine (1) Liability and Compensatory Damages and (2) Punitive Damages The court considered the moving, opposition, and reply papers. (Plaintiff's “Opposition” agrees that bifurcation is appropriate but addressed some issues related to the specifics of the manner in which the bifurcated trial woul...

Excerpt: ...ate. The Court of Appeal commanded that the court “vacate that portion of [this] order of December 21, 2023 denying the motion for trial preference and thereafter make a new and different order referring the motion for trial preference to the neutral arbitrator.” The court intends to follow the commandment of the Court of Appeal. The court modifies Section I of this Order as written below . The court leaves unchanged Section II. I. MOTION FOR...

Excerpt: ...iff alle\ ges that at approximately 9 a.m. on August 25, 2023, she was walking on a walkway in\ Almansor Park in Alhambra, California, when an 8 to 10-foot-long tree branch suddenly fell from a large tree and landed directly on her head, causing\ severe and critical injuries including a T3 burst fracture requiring an emergen\ cy laminectomy, traumatic brain injury, as well as multiple bilateral transverse process fractures and rib fractures. On F...

Excerpt: ...mma Martin (“Mrs. Martin”), Elizabeth Gagliano (“Gagliano”) and Kathryn Sessinghaus (“Sessinghaus”) (collectively, “Plaintiffs”) The Court has considered the moving, opposition and reply papers. BACKGROUND This survivor action arises out of the death of Vincent Paul Martin (“Mr. Martin”). Plaintiffs allege that Mr. Martin died from COVID-19 at the onset of the COVID -19 pandemic while admitted at HPHC, a nursing facility. The ...

Excerpt: ...ication. I. Background A. Pleadings Framing Summary Judgment and Adjudication Plaintiff Mariah Howard sues Defendants Los Angeles County Metropolitan Transportation Authority (the MTA) and Does 1 through 10 pursuant to a January 31, 2022, Second Amended Complaint (SAC) alleging claims of (1) Civil Rights (Multiple Counts) (Unruh Civ il Rights Act, Cal. Civ. Code Sect. 51, 51.5, 51.7, 52, 52.3, 52.45, (2) Negligence and Negligent Infliction of Emo...

Excerpt: ...endale Unified School District, pursuant to the provisions of Code of Civil Procedure Section 437c, will and hereby does move the Court for an order granting Summary Judgment or, in the alternative, for an order granting summary adjudication of some or all of the causes of action that are found in the plaintiff's First Amended Complaint on the following grounds: The defendant moves for summary judgment as to the FAC on the following grounds: 1. T...

Excerpt: ...ia. (SAC ¶ 16.) In September 2019, Plaintiff alleges it contracted with Defendants to provide the canopy panels for the Embassy, to be shipped within 45 days. (Id. ¶ 18.) Plaintiff further alleges Defendants have failed to ship or provide the goods as agreed and have not issued a refund. (Id. ¶ 29.) Plaintiff brings eight causes of action against Defendants for: (1) Breach of Contract, (2) Promissory Estoppel, (3) Conversion, (4) Negligent Mis...

Excerpt: ... to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the ev idence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to ...

Excerpt: ...aintiffs”) filed this action against the City \ of Pasadena (“City”) and Spiniello Co. (“Defendant”). On December 28, 2022, City filed a cross-complaint against Defendant. On May 22, 2023, after obtaining leave of Court, Plaintiffs filed the operative First Amended Complaint (“FAC”). Plaintiffs assert cau\ ses of action for general negligence and breach of contract against Defendant relating\ to their installation of a water line ne...

Excerpt: ...t requires both procedural and substantive unconscionability, using a sliding scale. (Id. at p. 125.) “Procedural unconscionability focuses on the elements of oppression and surprise.” (Serafin v. Balco Properties Ltd., LLC (2015) 235 Cal.App.4th 165, 177.) “Substantive unconscionability focuses on the actual terms of the agreement and evaluates whether they create overly harsh or one -sided results. (Ibid. , internal quotes omitted.) Proce...

Excerpt: ...ubmit on the tentative, please email the courtroom at¿ [email protected]¿with notice to opposing counsel (or self -represented party) before 8:30 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND Plaintiff Peter Famulari brought this lawsuit alleging damages resulting from restricted access to his property via Crater Lane. The City of Los Angeles installed a large “END” sign in the mi...

Excerpt: ...t (“Plaintiff”) NOTICE: NOT OK (misstates the date of the underlying Court ruling) ¿ RELIEF REQUESTED: Reconsideration of the Court's 2/6/24 Order denying Defendant's motion for terminating and monetary sanctions against Plaintiff. ¿ TENTATIVE RULING: The motion is denied. BACKGROUND¿ On 3/24/20, Plaintiff entered into a month- to-month lease agreement with Defendant for certain premises located at 11967 Adelphia Street, Pacoima, Californi...

Excerpt: ...TED: An order granting summary judgment or, in the alternative, summary adjudication in favor of Moving Defendant and against Plaintiffs. TENTATIVE RULING: The motion is denied. BACKGROUND¿ Plaintiffs allege that on 1/14/22, plaintiff Karey Kibbe (“Karey”) sustained injuries from a slip - and-fall while attending an annual gynecology examination at Moving Defendant's medical facility in Valencia, CA. (Compl. ¶¶ 14 –15.) Plaintiffs allege...

Excerpt: ...e Carney RESPONDING PARTY: Defendant City of Los Angeles The Court has considered the moving papers. Plaintiff's Motion For Leave To File First Amended And Supplemental Complaint is GRANTED. BACKGROUND Procedural History Suzanne Carney (Plaintiff) filed a Complaint on November 16, 2022, alleging three causes of action: (1) nuisance, (2) trespass, and (3) inverse condemnation against the City of Los Angeles (the City) after the City allegedly caus...

Excerpt: ...do, Norma Salcido, and Jonathan Banuelos (collectively, “Defendants”), and Plaintiff Chevon Martin Robinson, as Successor Trustee of THE GESNER L. MARTIN LIVING TRUST (“Plaintiff”) NOTICE: ok RELIEF REQUESTED: An order granting Mr. Martin's leave to intervene as an interested party under the mandatory intervention authority in accordance with Code of Civil Procedure section 387 subdivision (d) paragraph (1) TENTATIVE RULING: The motion is...

Excerpt: ...ancial discovery regarding Popeye and Weiss, supported by testimony given at the depositions of plaintiff, defendant and plaintiff's partner witness Markelian. Trial is scheduled for April 15, 2024, having been set on June 13, 2023. Civil Code 3295(c) states “No pretrial discovery by the plaintiff shall be permitted … unless the court enters an order permitting such discovery… However, the plaintiff may subpoena documents or witnesses to be...

Excerpt: ...id Mohamadreza Siadatan, Silverado Senior Living, Inc., Shenzhen New World II, LLC dba Sheraton Universal Hotel (“the Sheraton”), Enterprise Rental, and Does 1 through 100 for damages arising a motor vehicle v. pedestrian accident in a parking lot. On September 16, 2020, Plaintiff filed amendments to complaint naming Towne Park, LLC (“Towne”) as Doe 1 and Mile Hi Valet Service, Inc. (“MHVS”) as Doe 2. The trial date is currently set f...

Excerpt: ...new facts, circumstances, or law to grant a motion for reconsideration. (See Code Civ. Pro., § 1008, subd. (a); see also Mink v. Super. Ct. (1992) 2 Cal.App.4th 1338, 1342.) “The party seeking reconsideration of an order shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law a re claimed to be shown.” (Code Civ. Pro., § 1008...

Excerpt: ...CP §177.5.) The party seeking to impose sanctions need only show the failure to obey earlier orders. (Puritan Ins. Co. v. Superior Court (1985) 171 Cal.App.3d 877, 884 [interpreting former statute dealing with “refusal” to comply].) Numerous cases hold that severe sanctions (i.e., terminating or evidentiary sanctions) for failure to comply with a court order are allowed only where the fail ure was willful. (See R.S. Creative, Inc. v. Creativ...

Excerpt: ...Cross -Complaint. Moving party to provide notice and to file proof of service of such notice. FACTUAL BACKGROUND This is a motion for summary adjudication on the Cross -Complaint filed by Cross- Complainant Commercial Loan Servicing, LLC (CLS) against Defendants Lawrence Feigen, Jeffrey Ahlholm, and SA Hospital Real Estate Holdings -Jefferson, LLC (SA Hospital). CLS bro ught causes of action for breach of contract, breach of guaranty, money due, ...

Excerpt: ...oshua Sawicki filed this action against Defendants James S. Bekhor Insurance Services Inc., JSB Holdings LLC, and James S. Bekhor. Plaintiffs dismissed and James S. Bekhor on October 20, 2021. On December 12, 2023, Plaintiff Joshua Sawicki filed a motion for summary adjudication of Defendants' contractual duties and the second cause of action for specific performance. [1] Sawicki seeks an order requiring Defendants to satisfy their contractual ob...

Excerpt: ...remises Liability and (2) General Negligence. Plaintiff alleges that while they were in Defendant, Glendale Adventist Health Center's, place of business as a patron, active construction work was conducted by Cornerstone Construction, and Plaintiff tripped over an object on the floor which cause d Plaintiff to fall. On 05/04/2023, Defendant, Glendale Adventist Medical Center dba Adventist Health Glendale, filed an Answer to the Complaint. On 06/02...

Excerpt: ...onetary sanctions against Defendant FCA US LLC and its attorneys of record in the amount of $2,160.00. RULING : Plaintiff's motion to compel compliance with discovery responses under CCP § 2031.320(a) is granted in part. SUMMARY OF ACTION This action arises from Plaintiff's purchase of an allegedly defective 2021 Jeep Compass (the “Subject Vehicle”). On February 28, 2023, Plaintiff filed a Complaint against Defendant FCA US LLC (“Defendant...

Excerpt: ...: Plaintiff Krystal Shin, by and through her parent and guardian ad litem (“GAL”) You Sun Jang (“Plaintiff”) RESPONDING PARTY: Defendant PlayCore Wisconsin Inc. (“Defendant” or “PlayCore”) NOTICE: ok RELIEF REQUESTED: An order from this Court compelling Defendant PlayCore to produce further responses to Plaintiff's Special Interrogatories, Set One, Nos. 1, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 16, 17, 21, 30, 31, 32, 33, 34, and 35 wi...

Excerpt: ...ation, MMAP SERVICES, INC., a California corporation; and DOES 1 -30, inclusive. CASE NO.: 22GDCV00252 MOTIONS TO COMPEL FURTHER RESPONSES MOVING PARTY : Defendant Robert Heinrich RESPONDING PARTY : Plaintiff Shorecliffs Gold Management Inc. RELIEF REQUESTED Defendant moves for an order compelling Plaintiff to provide further responses to his discovery requests. BACKGROUND This case arises out of Plaintiffs claim that Defendant Robert Heinrich en...

Excerpt: ...o Compel Further Responses a. Procedural History Plaintiff propounded FROGs, SROGs, and RPDs on Defendant on 9/19/23. Defendant served responses on 11/27/23. The parties met and conferred, and Defendant served supplemental responses on 1/09/24. Plaintiff filed this motion on 1/16/24. b. Meet and Confer The threshold issue on this motion is whether Plaintiff made adequate attempts to meet and confer prior to filing the motion. Defendant contends P...

Excerpt: ...O PLAINTIFF'S COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: Richard Heng Taing dba USA Donuts (“Plaintiff”) filed the instant action against Defendant Worldwide ATM, Inc. (“Defendant”) on April 24, 2023. On February 13, 2024, Plaintiff filed the instant (1) Motion to Compel Attendance at Deposition and Request for Sanctions; and (2) Motion to Deem Requests for Admission, Set One, Admitted and Request for Sanctions. No oppositio...

Excerpt: ... action. The Complaint alleges that on November 8, 2019, Plaintiff was severely injured at Wilfit Sports Club when a cable crossover machine toppled over on him. On January 4, 2024, Plaintiff served a subpoena for the January 18, 2024 deposition of non-party Koen “Ken” Kim. (Compel Motion, Ex. 1.) On January 16, 2024, Kim filed a motion for protective order because participating in a deposition would be an undue burden at this time due to med...

Excerpt: ...mat. Plaintiff now moves to compel the deposition of North Atlantic Investment Co., LLC's (“Defendant”) president, Moon Y. Kang. Plaintiff also seeks monetary sanctions. Defendant opposes and Plaintiff replies. LEGAL STANDARD “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party . . . , without having served a valid objection under Section 2025.410, fails to appear f...

Excerpt: ...ising from an automobile incident. At this time, Defendant Hendrik J.W. Weenink, erroneously sued as Hendirk J.W. Weenink, ("Defendant") moves to compel Plaintiffs independent medical examination ("IME") and requests monetary sanctions. This matter was Initially set to be heard on February 5, 2024. However, pursuant to the stipulation betw•een the parties, who met and conferred on the issue, the hearing was contmued to March 14, 2024. (Stip. an...

Excerpt: ...7- 51, 54, 55, 59, 73, and 74. Section 2031.280(a) provides, “Any documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling shall be identified with the specific request number to which the documents respond.” Beverly produced documents on a flash drive containing “(1) documents Bates Nos. WJB000001 -WJB000632; and (2) a folder entitled ‘Beverly Emails with Partners, etc.' which cons...

Excerpt: ...uraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. On June 28, 2023, Plaintiff Chauncey Richmond filed a Second Amended Complaint (“SAC”) for (1) breach of fiduciary duty; (2) breach of the covenant of good faith and fair dealing; (3) unfair and deceptive business practices; (4) deceit; (5) fraud; (6) frau dulent conveyance; (7) civil conspiracy; (8) violation of Civil Code § 1185; (9) constructive fraud, ...

Excerpt: ... The Court approves attorney's fees in the amount of $79,920.00 which is 33.3% of the recovery. Background Plaintiff filed this action on March 31, 2023. The operative complaint is now the Second Amended Complaint (“SAC”), which alleges (1) failure to pay overtime; (2) failure to pay minimum wages; (3) meal period violations; (4) rest break violations; (5) fail ure to pay vested vacation benefits; (6) failure to allow sick time and benefits; ...

Excerpt: ...Hayvenhurst, LLC (collectively, Defendants) moved to compel arbitration and stay Plaintiff Linda Nguyen's (Plaintiff) a ction. Defendant requested attorneys' fees and costs per the arbitration agreement and/or monetary sanctions per Code of Civil Procedure sections 128.5 and 128.7 in the amount of $7,586.65. Plaintiff's Opposition requested monetary sanctions per Code of C ivil Procedure section 128.7 in the amount of $4,800.00. This matter was o...

Excerpt: ...itration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrat e the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocatio...

Excerpt: ...The motion is GRANTED. See Stipulated Consent Judgment BACKGROUND On March 3, 2023, CalSafe Research Center, Inc. filed a complaint for civil penalties and injunctive relief against Mercado Latino, Inc. for violation of Proposition 65. LEGAL AUTHORITY Health and Safety Code § 25249.7(f)(4) requires court approval of all settlements (other than voluntary dismissals) of actions under the Act brought by a person in the public interest. The court ca...

Excerpt: ...tion to Approve Proposition 65 Settlement and Stipulated Consent Judgment is GRANTED. BACKGROUND On November 18, 2022, Plaintiff CalSafe Research Center, Inc. filed this action alleging violation of the Safe Drinking Water and Toxic Enforcement Act of 1986, codified at Health and Safety Code §25249.6, et seq. (“Proposition 65”). Plaintiff alleges Defendant Panos Brands, LLC violated Proposition 65 by failing to warn citizens of the State of ...

Excerpt: ...rs. RULING The motion is GRANTED. See Stipulated Consent Judgment. BACKGROUND On November 18, 2022, CalSafe Research Center, Inc. filed a complaint for civil penalties and injunctive relief against Overseas Food Distribution, LLC for violation of Proposition 65. LEGAL AUTHORITY Health and Safety Code § 25249.7(f)(4) requires court approval of all settlements (other than voluntary dismissals) of actions under the Act brought by a person in the pu...

Excerpt: ...andez ("Hernandez") ShathaAlhazmi, and Does 1-50 for damages arising from a motor vehicle accident Plaintiffs filed amendments to complaint naming Uber Technologies, Raiser LLC, and Raiser-CA LLC (collectively, Uben as Does 1, 2, and 3, respectively. Uber now moves for terminating sanctions against Plaintiff Lam for failing to serve verified discovety responses in compliance with the Courts November 20, 2023 Order pertaining to Ubers motion to co...

Excerpt: ... with his employment with the City of Los Angeles by communicating false information about him. Plaintiff asserts the following cases of action against the City of Riverside: Fifth COA – Intentional Interference with Contractual Relations Sixth COA – Intentional Interference with Prospective Economic Advantage Seventh COA – Negligent Interference with Prospective Economic Advantage Now, the City of Riverside moves for summary judgment on mu...

Excerpt: ...PPOSITION: 7 February 2024 REPLY: 16 February 2024 TENTATIVE: Defendants' motion for summary judgment or, in the alternative, summary adjudication is denied. Defendants to give notice. BACKGROUND This action arises in connection with the employment of Nichole Martinez (“Plaintiff”) by Defendant Southern California University of Health Sciences (“SCUHS”) as its Director of Health Systems Business Development. Plaintiff alleges that she beg...

Excerpt: ...e complaint alleges breach of implied warranty of habitability and negligence. On March 16, 2020, Margaret Shaw added Ocean Towers Housing Corporation (Ocean Towers) as a defendant. On March 27, 2020, Margaret Shaw added FirstService Residential California, LLC (FirstService) as a defendant. In Case No. 19STCV07203, Ocean Towers and FirstService filed a cross- complaint against Graham Nudd for indemnification on November 23, 2020. In this action,...

Excerpt: ... LLC (collectively “Plaintiffs”) filed the operative First Amended Complaint (“FAC”) against Defendants EXPERIOR TRANSPORT & POLMAX, LLC (“Experior”) and TBI EXPRESS, LLC (“TBI”). The FAC asserts claims for breach of contract and breach of guaranty against TBI and Experior. The FAC alleges that “[o]n or about February 19, 2016, Plaintiff and Experior entered into written lease agreement…. The Lease was for a term of five (5) y...

Excerpt: ...ents Kassi Vegas LLC, Kingswood LLC and Wish You Were Here LLC to produce the documents requested with Custodian of Records Declaration in accordance with the subpoenas within 10 days. DEFINITIONS 1. “LIBERTY” shall mean The Liberty Company Insurance Brokers, Inc. and/or The Liberty Company Insurance Brokers LLC, their agents, employees, investigators, consultants, contractors, experts, attorneys, and/or any and all other persons or entities ...

Excerpt: ...to Compel Socal Imaging's Response to Business Records Subpoena is DENIED . V. Defendant CITY OF DOWNEY's Motion to Compel Third -Party Robertson Surgery Center's Response to Business Records is DENIED. VI. Defendant's Motion to Compel Third -Party PT -RN CARE's Response to Business Records is DENIED . Plaintiff to give notice. Defendant CITY OF DOWNEY (“Defendant”) issued subpoenas on various medical providers, including: Samimi Orthopaedic ...

Excerpt: ...d fall incident on October 25, 2020, at a location on Walnut Grove Avenue in Rosemead. On August 10, 2022, Plaintiff amended the complaint to name Mary Ramirez as Doe 1. On September 5, 2022, Plaintiff filed a request for dismissal, without prejudice, of Defendants Be Kim and Mary Ramirez. On September 19, 2022, Defendant filed its answer to the complaint. On June 21, 2023, Plaintiff amended the complaint to name The Coca- Cola Company as Doe 11....

Excerpt: ...elaz; Rachel Ornelaz; and Robert Ornelaz (collectivel y, the “Ornelaz Plaintiffs”) filed the complaint asserting causes of action for negligence, negligence-common carrier, negligent entrustment, negligent hiring, supervision, or retention, and loss of consortium against Defendants Amadeus F. Segura, Isabel S egura, Luis Segura Trucking, Inc., Segura Logistics Inc, Torlak Segura Transportation, Inc, and Does 1 through 20. On October 26, 2022,...

Excerpt: ...on of Washington Boulevard and Mariposa Avenue in Los Angeles. Defendant filed this motion to strike the punitive damages allegations in Plaintiff's complaint on February 6, 2024. Plaintiff filed an opposition on February 27, 2024. Defendant filed a reply on March 1, 2024. Legal Standard “Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof.” (Code Civ. Proc....

Excerpt: ...ha Finance, Ltd., Bolt Ventures Ltd., FCA Capital Ltd., and Rocio Trading Corporation, filed a Petition to Confirm Contractual Arbitration Award against Respondent, RT Features U.S., LLC (“RT Features”). The Petition is redacted. On January 25, 2024, Petitioners filed this Motion to Seal to File Portions of Petition to Confirm Arbitration Award Under Seal. The Motion is unopposed. As a procedural matter, the court notes that there is no proof...

Excerpt: ...pondent”) in the amount of $39,402.50 plus int erest accruing pursuant to the parties' agreement. (See Ex. B to Petition to Confirm Arbitration Award (“Petition”).) The agreement provides for interest at the rate of 10% on any account balance not paid in full within 60 days of completion of the assignment. (Ex. A to Petition at p. 2.) On January 30, 2024, Petitioner filed the instant Petition. On February 5, 2024, a hearing on the Petition ...

Excerpt: ... of tax returns, which are privileged. Plaintiff did not waive his privacy rights in his tax return by suing for damages. Information about Plaintiff's income can be obtained from sources other than his tax returns, for example, from the financial documents Plaintiff gave Nationwide Tax Consultants. Nos. 6, 7: Denied. These requests seek all financial documents, including tax returns and other tax documents, pertaining to Plaintiff and his busine...

Excerpt: ...ance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Kailani Figueroa (“Defendant”) and Juan Figueroa on June 9, 2020. The First Amended Complaint was filed on January 20, 2021. Defendant filed an Answer to the First Amended Complaint on February 9, 2021. On June 30, 2022, Plaintiff filed a copy of a settlement agreement with Defendant with a request for dismissal and retention of jurisdiction u...

Excerpt: ...r employee of Defendants. Plaintiff was discriminated against based on a disability. Plaintiff was misclassified as an exempt employee. Plaintiff was not paid all required wages, including overtime pay. Plaintiff was not provided the required rest and meal breaks during his employment with Defendants. Plaintiff was not provided with accurate payroll records. Plaintiff was not compensated for using his cell phone and personal vehicle for the benef...

Excerpt: ...D, LLC (“Lone Oak”) on October 24, 2023. On November 2, 2023, Lone Oak applied ex parte to vacate default and dissolve the TRO. Proceedings were continued several times due to an automatic stay following bankruptcy proceedings involving Defendant Jose Gonzalez. The stay has now been lifted. Lone Oak moves to set aside the default under CCP §§473(d) and 473.5. CCP §473(d) At any time, “[t]he court…may on motion of either party after not...

Excerpt: ...t Defendants. On February 21, 2023, the court denied Plaintiff's application for default judgment. On April 6, 2023, the court granted default judgment in the total amount of $9,613,252.20. On October 30, 2023, Defendants filed a motion to set aside default and default judgment and writs of execution, which the court granted on 12/14/23. On January 29, 2024, Defendants filed the instant motion. On February 13, 2024, a Writ - Return was filed. Leg...

Excerpt: ...tant Act. Defendant Luther Linton was dismissed on August 13, 2021. After a bench trial on March 7 and 8, 2022, the court issued an informal statement of decision on April 7, 2022, finding in favor of Plaintiff. Judgment for Plaintiff and against Defendants was entered on April 29, 2022. The court permanently enjoined Def endants from violating the Immigration Consultants Act for a period of ten years. Defendants now move to tax the postjudgment ...

Excerpt: ...Carcamo Cotero collided with Haney's vehicle. Haney alleges Carcam o Cotero was driving at unsafe speeds on the driveway in excess of the five miles per hour speed limit. On November 16, 2022, Haney filed a complaint against Carcamo Cotero and Does 1 -20, alleging (1) motor vehicle negligence and (2) general negligence. On January 5, 2024, Carcamo Cotero filed a motion to strike. On January 18, Haney filed a First Amended Complaint (FAC) against ...

Excerpt: ...ld Plumbing and Kyle Koji Hiraoka RESPONDING PARTY: None Motion to Strike Portions of the Complaint The c ourt considered the moving papers. The motion is unopposed. BACKGROUND On August 4, 2023, Plaintiffs Narciso Dublan Lopez (“Lopez”) and Virgina Garcia (“Garcia”) (collectively, “Plaintiffs”) filed this action against Defendants Hot & Cold Plumbing, Inc. (“Hot & Cold”) and Kyle Koji Hiraoka (“Hiraoka”) (collectively, “Def...

Excerpt: ...r: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (CCP §§ 436(a)- (b); Stafford v. Shultz (1954) 42 Cal.2d 767, 782 [“Matter in a pleading which is not essential to the claim is surplusage; probative facts are surplusage and may be stricken out or disregarde...

Excerpt: ...ive notice of the Court's ruling within five calendar days of this order. BACKGROUND This is a contractual fraud action. On November 25, 2019, plaintiff All Pro Communication Technologies, Inc. (Plaintiff) filed this action against defendants Hrach Rostami (Rostami), Hart Consulting Group, Inc., HR Consulting Group, Nurbeh Boghozian, Noble Data Technologies, Inc., Narbeh Iranosian, Rafik Tsaturyan, Tomik Gaprielian (collectively, Defendants) and ...

Excerpt: ...urprise, or excusable neglect.” (CCP §473(b).) Where such an application for discretionary relief is made, the motion shall be accompanied by a copy of the answer or pleading proposed to be filed, or the application will not be granted. (Id.) The court must grant relief from dismissal where the application is accompanied by an attorney affidavit attesting to his or her mistake, inadvertence, surprise, or neglect. (Id.) In either case, the appl...

Excerpt: ...Defendant”) assert\ ing causes of action for: (1) breach of contract, (2) breach of implied covenant o\ f good faith and fair dealing, (3) fraud, and (4) violation of Business and Professions Code section 17200 et seq. On November 27, 2023, default was entered against Defendant. On January 10, 2024, Defendant filed this motion to set aside the entry \ of default on the grounds that it lacked actual knowledge of the complai\ nt due to a clerical...

Excerpt: ...Blue Shield of California Life and Health Insurance Company (“Blue Shield”) move to seal portions of Exhibits 3, 4, and 35 containing or referenc ing Blue Shield's confidential and proprietary fee schedule information with regard to the CPT codes at issue. Blue Shield's motion is unopposed. LEGAL STANDARD Unless confidentiality is required by law, court records are presumed to be open to the public, pursuant to a potent “open court” polic...

Excerpt: ...osition papers were filed. DISCUSSION Plaintiff Shabi Cohen (“Plaintiff”) moves the court for an order sealing (1) the Complaint filed by Plaintiff on June 8, 2023, and (2) portions of the First Amended Complaint filed by Plaintiff on February 8, 2024. Specifically, Plaintiff requests that the court seal (1) the original complaint in its entirety; (2) portions of paragraphs 12 -17, 19 -28, 31 -33, 35 -38, 40, and 42 -43 of the First Amended C...

Excerpt: ...On October 18, 2023, the court granted the motion for preference and set a February 13, 2024 trial date. On December 13, 2023 Dr. Ing. h.c.F Porsche AG filed a motion to quash service of summons, arguing it had not been served with the complaint and summons. On January 12, 2024, the court granted that motion, finding that Plaintiffs have not served Dr. Ing. h.c.F Porsche AG, which learned about the lawsuits only months after the purported service...

Excerpt: ...fornia (“Premises”) to Lessee for the term from June 1, 2019 through July 31, 2024. In connection with the Lease, Plaintiff and Ginny Lin (“Guarantor”) entered into a Guaranty of Lease. Lessee failed to pay rent and other charges and abandoned the Premises. Guarantor has defaulted under the terms of the Guaranty of Lease. On November 3, 2021, Plaintiff filed a complaint, asserting causes of action against Lessee, Guarantor (together, “D...

Excerpt: ...GAMC”), and Does 1 through 20 for professional negligence and loss of consortium arising out of a surgical procedure that occurred on May 25, 2018. Keushkerian, Khan, and GAMC filed their answers on October 8 and 11, 2019. In or about July 2020, Plaintiffs settled with Khan. The case proceeded against Keushkerian and GAMC. The parties participated in a mediation at Judicate West on or about May 8, 2023. Subsequently, on or about May 25, 2023, P...

Excerpt: ...RE: Motion for Order Discharging Plaintiff Progressive Select Insurance Company from Liability and for Related Orders. I. Background A. Complaint in Interpleader On September 12, 2022, Plaintiff in Interpleader Progressive Select Insurance Company (Progressive) filed a Complaint in Interpleader. The Complaint in Interpleader involves settlement proceeds held by Progressive as the insurer for Defendant Moris Sakhai (Sakhai), who was represented by...

Excerpt: ... to continue the trial date and pretrial discovery cut -off dates by twelve months. Defendant and Cross -Complainant Watertronics, LLC (“Watertronics”) has filed a joinder to Lakos' application. The application is unopposed. ANALYSIS “Continuances are granted only on an affirmative showing of good cause requiring a continuance.” ( In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 823.) A trial court has broad discretion in cons...

Excerpt: ...rystal Vartaniana, and Nark Vartanian filed this medical malpractice action against Defendants Sarah Badran M.D. and Children's Hospital Los A ngeles. On September 19, 2023, Plaintiffs substituted Children's Hospital Los Angeles Medical Group (“CHLAMG”) for Doe 1. On October 6, 2023, Plaintiffs dismissed Children's Hospital Los Angeles. On January 8, 2024, CHLAMG filed a motion to continue trial, and on January 9, 2024, CHLAMG filed a demurre...

Excerpt: ...aintiffs Marcia Pellitteri and Progressive Consulting Services, Inc. allege entry into a voidable contingency fee agreement with defendants Krane & Smith and Jeremy Smith for representation in Pellitteri v. Wellquest, BC490541, regarding an alleged breac hed royalty payment contract. Plaintiffs maintain Defendants failed to provide a countersigned copy, and also contained an improper provision regarding potentially incurred attorney fees by Defen...