Excerpt: ...ary Judgment/Adjudication 4. Declaration of Ethan Shakoori in Support of Motion for Summary Judgment/Adjudication 5. Index of Exhibits 6. Request for Judicial Notice 7. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment/Adjudication OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment/Adjudication; Memorandum of Points and Authorities 2. Notice of Errata to Amend Opposition 3. Declaration of Sean ...

Excerpt: ...led Defendant Church's objections are sustained. Introduction Defendant and Cross -Defendant US Bus Charter & Limo Inc. (Coachways) moved for leave to file Cross - Complaints in three actions (Mejia v. Transit Systems Unltd., Inc. - Case No. 20STCV41653; Urciel v. Transit Systems Unltd., Inc. - Case No. 20STCV39458; and Lemus v. Rodriguez - Case No. 19STCV44511) aga inst Cross-Defendants The Universal Church, Inc. and also sought to add non -part...

Excerpt: ...¿(CCP § 1021.) The prevailing party on a contract, which specifically provides for attorney fees and costs incurred to enforce the agreement, is entitled to reasonable attorney fees in addition to other costs.¿(Civ. Code § 1717(a); CCP §§ 1032, 1033.5(a)(10)(A).)¿The court, upon notice and motion by a party, shall determine the prevailing party and shall fix, as an element of the costs of suit, the reasonable attorney fees.¿(Civ. Code § ...

Excerpt: ...ractices Under Cal. Bus. & Prof. Code § 17200, et seq. Plaintiff alleged that LACAUSA and XCVI entered into an asset purchase agreement (“APA”) on August 8, 2019. In connection with the APA, Defendant Lorber and XCVI entered into a guaranty (“Guaranty”) whereby Lorber guaranteed LACAUSA's obligations under the APA, on August 8, 2019. Pursuant to the APA, LACAUSA was to pay XCVI a total of $727,982.97 as follows: (1) $250,000 for Trademar...

Excerpt: ...INED FOLLOWING IN CAMERA REVIEW. THE MOTION IS DENIED AS TO THE REMAINING REQUESTS. ANALYSIS: Judgment Creditor Andrew Krain (“Judgment Creditor”), in pro per, filed the instant action for fraud against Alina Grygoryshyna (“Judgment Debtor”), also in pro per, on July 6, 2020. Following Judgment Debtor's failure to appear, the Court entered default judgment in Judgment Creditor's favor on January 4, 2021. On December 14, 2023, the Court ru...

Excerpt: ...mmer (“Swimmer”) and Sterling Vet \ Corp. (“Sterling Vet”) to recover $216,743.70 for construction service\ s provided to build a pet hospital. On September 28, 2023, Swimmer and Sterling Vet filed a cross- complaint against RSP for breach of contract and negligence alleging tha\ t RSP performed defective work, made illegitimate change orders which caused construction delays, and did not complete the project. As a result, Swimmer and Ster...

Excerpt: ...to work performed by Defendant Southern California Edison's (“SCE's”) outside contractor, Defendant Edison Power Constructors, Inc. (“EPC”). While replacing a deteriorated SCE utility pole on Topanga Canyon Bo ulevard, EPC inadvertently drilled into an underground drainage culvert owned by Defendant Caltrans, and then set the replacement pole into the broken pipe. When EPC discovered the damage, it attempted to stabilize the pole with foa...

Excerpt: ...ion papers. The court had granted defendants' ex parte application shortening time. RULING The motion is GRANTED. Defendants are ordered to file a cross- complaint within five days. The FSC and trial date are vacated. The court sets an OSC re _____ for ________. BACKGROUND On November 7, 2022, plaintiff Phillip Robert Sarabia, Jr. filed a complaint against Ernie Johnson, CPP Group Holdings, LLC, and Jenetta Fisher for motor vehicle negligence and...

Excerpt: ...ace at Bogies; Anthony Gomez; and Shady Hatem Hassan for 1. General Negligence; 2. Premises Liability; 3. Providing Alcoh ol to Obviously Intoxicated Minors; 4. Negligent Hiring, Supervision, or Retention of Employee; and 5. Battery. Plaintiff alleges while at Bogies, Plaintiff's body touched a nearby female patron either intentionally or accidentally. Thereafter, the female patron informed other unknown individuals that Plaintiff had touched her...

Excerpt: ...round Plaintiff filed the Complaint on June 30, 2023. Plaintiff alleges the following facts. Plaintiff fell from a wheelchair because Defendants failed to ensure safe transport from the airport terminal to the parking garage. Plaintiff alleges the following caus es of action: 1. Negligence 2. Negligent Hiring, Training, and Supervision 3. Premises Liability. Motion for Sanctions Pursuant to Code of Civil Procedure section 128.7, subdivision (a), ...

Excerpt: ...2023, the clerk entered Turrow's default pursuant to plaintiffs' request. “The entry of a default cuts off the right to file pleadings and motions, and the right to notices and the service of pleadings.” (Steven M. Garber & Associates v. Eskandarian (2007) 150 Cal.App.4th 813, 823.) “After a default, a defendant is ‘ “out of court” ' and cannot take any further steps in the cause affecting the plaintiff's right of action until the def...

Excerpt: ...t Hiring, Supervision, and/or Retention; (2) Survival – Negligent Hiring, Supervision, and/or Retention; (3) Wrongful Death – Negligence; (4) Survival – Negligence; and (5) Elder Abuse. Plaintiff alleges her mother, Joyce Soronow, was a resident of Sunshine's Place, II. While under Sunshine's care, Plaintiff alleges failed to provide for her basic needs, caused a lapse in her care, and inflicted terrible pain and suffering that caused Joyce...

Excerpt: ...idually and as trustee of the Simone Shah Trust Motion for Reconsideration The court considered the moving and opposition papers filed in connection with this motion. No reply papers were filed. DISCUSSION Plaintiffs Jen Bosworth and Miles Horton (“Plaintiffs”) request that the court reconsider its May 16, 2023 order granting the motion for attorney's fees and costs filed by defendants Dwell Management, LLC, and Simone Shah, individually and ...

Excerpt: ...otion reconsider an order of the previously assigned judge denying summary adjudication of certain causes of action in the first amended cross- complaint (“FACC”). That prior order appears to have relied on contentions that it now appears may be contrary to the evidence and rulings at a subsequent bifurcated bench trial of certain accounting issues. For the reasons stated below, the Court will hold a hearing on reconsideration of only those r...

Excerpt: ... against Defendants, Volkswagen Group of America, Inc. (“VGA”) and Antelope Valley Volkswagen, for various violations of the Song- Beverly Act. Plaintiff leased a 2019 Volkswagen Tiguan (the “Vehicle”) which included a bumper to bumper warranty. During the warranty period, the Vehicle contained or developed defects. Plaintiff presented the Vehicle for repair, but Defendants were unable to repair the Vehicle aft er a reasonable number of o...

Excerpt: ...Second Amended Complaint (“SAC”). At the outset, the Court notes that it has not considered Defendant's “Response to Plaintiff's Separate Statement of Additional Material Facts,” as this document is a reply separate statement not authorized by statute, and Defendant failed to seek leave of court to file such a document. (See Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 252 [“There is no provision in the statute for” incl...

Excerpt: ...lement 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, 334.) To show that a plaintiff cannot establish an element of a cause of action, a defendant must make the initial showing “that the plaintiff does not possess, and cannot reasonably obtain, needed evidence.” (Aguilar v. Atlantic Richfield Co....

Excerpt: ...for cash advances. Plaintiff's Form Complaint asserts the following causes of action: (1) Breach of Written Contract (2) Breach of Contract (Implied in Fact) (3) Money Lent (4) Money Paid (5) Open Book Account (6) Account Stated Plaintiff now moves for summary judgment. The elements of a cause of action for breach of contract are as follows: (1) existence of contract; (2) plaintiff's performance or excuse for nonperformance; (3) defendant's breac...

Excerpt: ... increases the request for costs to $4,336.72. The court has read and considered the moving papers and notice of non -opposition and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Sunshine commenced this proceeding on January 14, 2022, alleging a cause of action for traditional mandamus under the California Public Records Act (“CPRA”) . The verified Petition alleges that Sunshine made CPRA requests t...

Excerpt: ...INUED to March 12, 2024 at 9:30 a.m. in Dept. SE -F. Moving Party to give Notice. Motion for Appointment of Discovery Referee Plaintiff-in -Intervention PHILADELPHIA INDEMNITY INSURANCE COMPANY and Defendant MIGUEL ANGEL PACHECO (collectively “Moving Party”) move for the appointment of a discovery referee to preside over oral depositions based upon the manner in which Plaintiff's counsel has conducted herself during several depositions. Movin...

Excerpt: ...'s testimony as to the time in which she verbally complained to Hinkley does not contradict her deposition testimony. At her deposition, she stated that she could not recall the year of her complaint; her declaration offers a deduction of a range of years based on the timing of the complaint in relation to the pandemic. The court likewise construes Plaintiff's statement that a written complaint was m ade in January 2021 as a typo, as the complain...

Excerpt: ... Corsa, LLC (“Plaintiff”) leased a commercial real property (the “Premises”) to defendant S & K Health Services, Inc. (“Defendant” and, together with Plaintiff, “Parties”). (Complaint p. 2.) On October 23, 2023, Plaintiff served Defendant with a thirty -day Notice to Cure Covenant or Quit (the “First Cure -or -Quit”), which lists several complaints Plaintiff had received from neighbors about noise from the Premises over the pr...

Excerpt: ...lt on the mortgage on his property located at 311 Market Street. Plaintiff contends he relied on his then -live -in boyfriend to make the payments (using Plaintiff's money), including the final payoff payment, but later discovered the payments were not actually sent to pay the mortgage. Plaintiff challenges many of the amounts itemized in the outstanding balance statement, but offered to pay the balance of the amounts. Defendants did not accept P...

Excerpt: ...ttorney's fees and $2,096.11 in c osts. The court has read and considered the moving papers, opposition, [1] and reply, and renders the following tentative decision. A. Statement of the Case 1. First Amended Complaint Plaintiff LaundryLux filed the Complaint on August 5, 2022. The operative pleading is the First Amended Complaint (“FAC”) filed against Ortiz and Castro, both individually and each doing business as Lavanderia Rio Grande (“Lav...

Excerpt: ...for Violation of the Unruh Act against Defendant Veniroe, Inc. No trial date has yet been set. (1) Demurrer Defendant now demurs to the complaint, on the ground that Plaintiff has failed to plead willful and affirmative discrimination. Decision Defendant's Request for Judicial Notice is DENIED. Exhibit 1 is an unpublished ruling in a different case, which is not properly citable as authority, [1] and Exhibit 2 constitutes extrinsic evidence which...

Excerpt: ...ago Title Company's (“Defendant”) Answer to Plaintiff's verified First Amended Complaint (“FAC”) for failure to state facts sufficient to cause a defense, pursuant to Code of Civil Procedure section 430.20, subdivision (a). Defendant opposes the demurrer and Plaintiff replies. MEET AND CONFER REQUIREMENT Code of Civil Procedure section 430.41, subdivision (a) requires that “Before filing a demurrer pursuant to this chapter, the demurrin...

Excerpt: ...iff”) filed the instant action for interpleader against Defendants Eric Mintz (“Defendant Mintz”), Euro Spec Motoring, Inc. (“Defendant Euro”), and Law Offices of David R. Denis, P.C. (“Defendant LODD”). On January 25, 2024, Defendant LODD filed the instant Demurrer to the Complaint. Plaintiff filed an opposition on February 15, 2024 and Defendant LODD replied on February 22, 2024. Discussion Allegations in the Complaint The Complai...

Excerpt: ...¶6. Plaintiffs allege Defendant failed to monitor Decedent, who wandered away from the facility and was found lifeless by a passerby on an embankment ten days after the last time he was seen at the facility. 2. Demurrer a. Legal Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the functi...

Excerpt: ...C (“Plaintiff”). The Court OVERRULES Defendant's demurrer. Background This action arises out of the dispute of a lease agreement (the “Lease”). Kylale, LLC (“Plaintiff”) is the owner of real property located at 3138 W. Pico Blvd., Los Angeles, CA 90019 (the “Property”). Plaintiff entered into a lease agreement on July 26, 2021 with lessee Follow the Leader Food Service, Inc . (“FTL”). Plaintiff alleges that DAUM served as the ...

Excerpt: ...e following facts. Plaintiff was being transported by Defendant Westmed Ambulance. She was injured when her leg struck an object. Plaintiff alleges the following causes of action: 1. Negligence; 2. Negligence; 3. Medical Malpractice. Meet and Confer Defendant filed a meet and confer declaration in sufficient compliance with CCP § 430.41. (Decl., Lusine Arshakyan.) Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and ra...

Excerpt: ...Demurrer to Second Amended Complaint OPPOSITION: 15 February 2024 REPLY: 22 February 2024 TENTATIVE: Defendant Trustees' demurrer is granted without leave to amend BACKGROUND On September 2, 2021, Plaintiff filed a Complaint against Defendant Franklin Burns and Does 1 to 50 for Negligence. On December 14, 2022, the parties stipulated to allow Plaintiff to file a First Amended Complaint to correct the Complaint by naming the true Defendant Frankli...

Excerpt: ...ing the resolution of Los Angeles Superior Court Case No. 23STCV21442. The Court sets a status conference for October 16, 2024 at 8:30 a.m. to discuss the status of Case No. 23STCV21442. Background This is an unlawful detainer case. The following facts are taken from the allegations and attached exhibits in Plaintiff's Complaint, except where otherwise noted. Plaintiff is the owner of real property that is legally described as “Lot 446 of Tract...

Excerpt: ...es Holdings LLC, Surge Global Bakeries Partners LP, Surge Global Bakeries Partners GP, LLC, Surge Private Equity LLC, Surge Private Equity, McLarty Capital P artners SBIC II, LP, The Firmament Group, Thomas Beauchamp, Lewis Sharp, Lauren Steel, Parris Boyd, Tobias Keller, Andy Burchfield, and Ashur Aghasi for (1) Limited Partner Derivative Suit; (2) Limited Partner Derivative Suit; and for three direct claims: (3) Fraudulent Concealment; (4) Brea...

Excerpt: ...ce · 5th Cause of Action: Recission of Contract · 7th Cause of Action: Vicarious Liability for Interference with Contract · 8th Cause of Action: Taxpayer Breach of Fiduciary Duty · 9th Cause of Action: Taxpayer action for Waste · 10 th Cause of Action: Taxpayer Temporary and Permanent Injunction Injunctions Setting Aside Contracts between RHCCD and Del Terra SUMMARY OF ACTION On November 15, 2016, Plaintiff Pioneer Construction Co., Inc. ent...

Excerpt: ...OVERRULED. DEFENDANTS TO FILE AND SERVE ANSWERS TO THE FIRST AMENDED COMPLAINT WITHIN 15 DAYS OF NOTICE OF RULING. DEFENDANTS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self -represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, oppositions, and reply. BACKGROUND On November 24, 2021, Plaintiffs Joe...

Excerpt: ... of action, and sustained without leave to amend as to the 1st and 4th causes of action. Defendants Dorcy, Inc. dba Conscious Co -Parenting Institute (“Conscious Co- Parenting”) and Dorcy Pruter (“Pruter”) (collectively, “Defendants”) demur to the 1st, 2nd, and 4th causes of action in Plaintiffs Jenna Noble's (“Noble”), Michael Eisenberg's (“Eis enberg”), and Eisenberg & Associates' (“E&A”) (collectively, “Plaintiffs”)...

Excerpt: ...herwise overruled. Plaintiff is granted 10 days leave to amend. A Non -Appearance OSC Re: Amended Complaint is set for March 27, 2024, at 8:30 a.m. The Cas e Management Conference is continued to May 10, 2024, at 8:30 a.m. Defendant to give notice. BACKGROUND On August 29, 2023, Maria Elena Ortiz (“Plaintiff”) filed a Complaint against Cristina Chavez (“Defendant”) and Does 1 to 10. The operative First Amended Complaint (“FAC”) allege...

Excerpt: ...oth causes of action are barred by a two -year statute of limitations is OVERRULED. Augustine sufficiently alleges enough facts regarding the details of his discovery, and his inability to discover the breach earlier, for a reasonable jury to find that Augustine filed the complaint with the two or three -year statute of limitations. Defendant Katy Haute's Motion to Strike is DENIED. Defendant Katy Haute does not provide any basis on the face of t...

Excerpt: ...ction and otherwise overruled. The motion to strike is granted in part and denied in part. A demurrer for sufficiency tests whether the complaint states a cause of action. ( Hahn v. Mirada (2007) 147 Cal.App.4th 740, 747.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, the defects must be apparent on the face of the pleading or via proper judicial notice. (Code Civ. Proc., §§ 430.30, 430.70; Don...

Excerpt: ...ent Filed on October 13, 2014 in Case No. 05A01698 (CCP 473). Background In this case, plaintiff NAREK AROUTYNYAN (“Plaintiff') seeks to quiet title and for other relief against Defendants BAG FUND, INC. and JASON LYNN (“Defendants”) in connection with a property located at 8943 Telfair Avenue, Los Angeles, and owned by Plainti ff. In its Cross-Complaint, Defendant Bag Fund, Inc. (“Defendant Bag Fund”) seeks declaratory relief and unjus...

Excerpt: ...RDER GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION Date: February 29, 2024 Time: 8:30 a.m. Dept.: P I. INTRODUCTION This is a contractual dispute action. Plaintiff E1011 Labs LLC (E1011) alleges that its former employees, Kevin Wang (Wang) and Daniel Hwang (Hwang) are in violation of their Confidential Information and Inventions Agreements, having started a project with Defendant Salvatore Di Benedetto (Benedetto) to develop a competing ...

Excerpt: ...d Plaintiffs Jackson Scott Young (“Jackson”) and Teri Young (“Teri”) (collectively, “Young Plaintiffs”) filed their First Amended Complaint (“FAC”) against defendants Dapper Dan's Car Wash, General Wash LLC, and General Wash Land I, LLC for injuries arising from allegations that Plaintiff Jackson's vehicle lost traction due to a “deposit of water, soap -like and wax -like substances”, causing his vehicle to collide with a ...

Excerpt: ...TED as modified below. Plaintiff is to file a revised JUD-100 within five days after the date of this order. The Court sets a nonappearance review date for March 21, 2024 at 8:30 a.m. Moving party to provide notice. FACTUAL BACKGROUND This is an action for recovery of COVID -19 rental debt arising from a lease Plaintiff entered into with assignor Main SB, LLC in July 2019. Main SB, LLC assigned the debt to 1200 Management, LLC. Plaintiff 1200 Man...

Excerpt: ...6; specifically, Defendant seeks an order requiring the Court to act as excelsior and sign the quitclaim deed on behalf of Plaintiff. CCP §664.6 clearly permits the Court to reduce the parties' settlement to a legal judgment when one party is in breach of the settlement agreement. Specifically, §664.6(a) provides, in relevant part: If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the cour...

Excerpt: ...ndant's CCP §99 8 Offer. (Id. ¶3.) On August 22, 2023, Plaintiff filed his written acceptance of Defendant's CCP §998 Offer. (“Acceptance”) (Id. ¶4.) On August 25, 2024, this Court granted Defendant's pending Motion for Reconsideration of its Motion for Summary Judgment and its Motion for Summary Judgment. (Id. ¶5.) On August 28, 2023, Defendant served Plaintiff by email its withdrawal and revocation of its Offer. In Opposition, Defendan...

Excerpt: ...RRO, RICARDO NEWSOM, JESSICA ROMERO, ODILIA SIFONTES and TIFFANNE STRONG, Plaintiff, v. EQUITY RESIDENTIAL MANAGEMENT, LLC, TRANSUNION RENTAL SCREENING SOLUTIONS, INC. and DOES 1 through 10, Defendants. Case No.: 23STCV17235 Hearing Date: 2/29/24 Trial Date: N/A [TENTATIVE] RULING RE: Plaintiffs' Motion for Order Enforcing Stipulation for Bellwether Case. Background Plaintiffs Jason Gunnels, et al., sue Defendants Equity Residential Management, L...

Excerpt: ... the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” (CCP § 1987.1(a).) Plaintiff contends the subpoena to Sotheby's International Realty infringes on “multiple privacy rights.” (Motion, p. 2.) “The party asserting a privacy right m...

Excerpt: ...s Motion to Reclassify is DENIED ¿ ¿ ¿ BACKGROUND ¿ On October 1, 2021, Plaintiffs Ramon Vasquez and Magaly Vasquez initiated an auto accident claim against Defendant Jessica Park. The answer was filed on April 24, 2023. Defendant now presents this motion to reclassify, asserting that driver Ramon Vasquez l acked insurance at the time of the accident and is consequently subject to Proposition 213, which restricts his ability to recover damage...

Excerpt: ...nied as to all information except the settlement amount and private contact and/or identification information. Plaintiff must submit a redacted version for the public file. BACKGROUND This is a putative class action concerning a cyberattack that purportedly resulted in unauthorized disclosures of personal information, including private health information. Recently, the parties reached a settlement. In part, the settlement requires Plaintiff's ind...

Excerpt: ...Defendant propounded discovery in December 2022 and eventually brought motions to deem admitted its Request for Admissions, Set One and to compel responses to Request for Production, Set One, Form Interrogatories, Set One, and Special Interrogatories, Set One. On November 20, 2023, the Court granted Defendant's unopposed motion to deem admitted because Plaintiff failed to verify her responses. The Court also imposed a $60 monetary sanction agains...

Excerpt: ...ED. Legal Standard Pursuant to Code of Civil Procedure, section 436, “the court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” The grounds for a ...

Excerpt: ...� 10/24/22: Complaint filed. • 08/04/23: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract. Plaintiff contracted with Defendants to manage and operate a farm owned by Defendants. Plaintiff alleges that he was terminated in violation of the terms of his contract. Plaintiff moves to deem the truth of matters in requests for admissions, and for sanctions. TENTATIVE RULING: Plain...

Excerpt: ...a Rodriguez based on the allegation that Hector was intoxicated at the time of the subject accident and that Edna furnished alcohol to Hector, who was under the ag e of 21. 2. Motion to Strike At this time, Hector moves to strike the prayer for punitive damages and related allegations against him. a. Law Governing Punitive Damages in the Context of Driving Under the Influence Allegations that a defendant exhibited a conscious disregard for the sa...

Excerpt: ...as due to appointments for her pregnancy, which is protected. 2. Motion to Strike a. Basis for Motion Plaintiff's complaint contains a prayer for punitive damages. Defendant moves to strike the prayer and related allegations, contending (a) nothing in the complaint rises to the level of malice, fraud, or oppression, (b) Plaintiff has failed to include allegations showing any malicious, fraudulent, or oppressive conduct was done by an officer, dir...

Excerpt: ...ay serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).) On a motion to strike, the court may: (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 ord er of the court. (Code Civ. Pr...

Excerpt: ...n arises out of a dispute between neighboring property owners regarding trees. Plaintiffs Larry Tran and Cirena Torres (Plaintiffs) contend that neighboring property owner, Defendant Frankie Florez (Florez) improperly cut/damaged trees on their property, has defamed them with regard to the tree situation, etc. On 8/28/23, Plaintiffs, representing themselves, filed this action against Florez and Kings Tree Service, Inc. alleging causes of action f...

Excerpt: ...and Sonya Bagby. Defendants move to strike portions of the complaint related to punitive damages. Courts may strike a “demand for judgment requesting relief not supported by the allegations of the complaint.” (Code Civ. Proc., § 431.10, subd. (b)(3).) Courts may strike allegations regarding punitive damages where the facts alleged “do not rise to t he level of malice, oppression or fraud necessary” to recover punitive damages under Civil...

Excerpt: ...t Plaintiff may demand attorney's fees from the remaining defendants. Plaintiff may amend within 20 days to assert an attorney's fee claim against defendants other than New Era. Background This is a real property dispute. The following facts are taken from the allegations of the Complaint. Plaintiff and Defendant Janet Haywood (“Haywood”) are sisters. Haywood owned the real property located at 10427 S. Denker Avenue, Los Angeles, California 9...

Excerpt: ... (“Defendant”). The complaint asserted two causes of action for (1) Breach of Written Contract, and (2) Statutory Misappropriation of Trade Secrets. On February 7, 2023, at the conclusion of a jury trial, the jury found in favor of Defendant. (Special Verdict 2/7/23.) On May 18, 2023, the Court entered judgment in favor of Defendant pursuant to the jury's special verdict. (Judgment 5/18/23.) On September 26, 2023, Defendant filed a memorandum...

Excerpt: ...endants, Porsche Cars North America, Inc. (“Porsche”) and Beverly Hills Porsche. On September 15, 2023, Plaintiff filed the operative First Amended Complaint, alleging c auses of action for (1) Violation of Song-Beverly Consumer Warranty Act; (2) Breach of Implied Warranty of Merchantability; (3) Negligent Repair; (4) Misrepresentation; and (5)Violation of Magnuson-Moss Warrant Federal Trade Commission Improvement Act. On January 26, 2024, Pl...

Excerpt: ...i”) and Joshua Michael Rosenblatt (“Rosenblatt”), alleging Defendants ceased making monthly rent payments on April 1, 2020 pursuant to a lea se agreement between the parties. Defendants vacated the property on or about July 31, 2021. On June 30, 2023, Plaintiff served Defendants with the summons and complaint by personal service. On July 21, 2023, defense counsel Alexander Merino requested an extension of time to respond to the Complaint. M...

Excerpt: ...he Department of Motor Vehicles' (“DMV”) denial of the request. (McCoy Decl. ¶ 9 & Ex. A; Mtn. at 3) CCP § 1094.5(e) states: “Where the court finds that there is relevant evidence that, in the exercise of reasonable diligence, could not have been produced or that was improperly excluded at the hearing before respondent, it may enter judgment as provided i n subdivision (f) remanding the case to be reconsidered in the light of that evidenc...

Excerpt: ... front passenger seat of the moto r vehicle owned and driven by Defendant when Defendant suddenly and without warning, negligently veered right, off US -395, across the asphalt shoulder, down an embankment, striking a metal fence. On October 12, 2023, Defendant served Plaintiff with a notice of deposition, setting her deposition for October 23, 2023. (Mendoza Decl., ¶ 3 & Exh. A.) On October 17, Defendant advised that the deposition needed to be...

Excerpt: ...io (“Osorio”) ( collectively, “Plaintiffs”) filed this action against defendants City of Los Angeles (“City”) and Nathaniel Miranda for damages arising from an automobile incident. Trial is currently set for March 6, 2024. On January 31, 2024, the City filed the instant motion to continue the trial date by 60 days and to reopen discovery. Defendants aver that the City's vehicle inspection was offered to be completed in February 2024, ...

Excerpt: ...: Filed February 21, 2024 RELIEF REQUESTED Defendant moves for an order compelling Plaintiff to appear for four physical or mental examinations. BACKGROUND This case arises out of Plaintiff James Claiborne's (“Plaintiff”) claim that he suffered injuries because of a motor vehicle collision caused by Defendant Matthew Lenoci. Plaintiff filed this complaint on February 2, 2023. TENTATIVE RULING Defendant's motions to compel Plaintiff to submit ...

Excerpt: ... GRANTED (2) GRANTED. The Civil action will be stayed except that the Court will set an Arbitration Status Hearing for December 13, 2024, 8:30 a.m., Dept. ING-8. I. BACKGROUND A. Factual On July 21, 2023, Plaintiff, Ronald Harris (“Plaintiff”) filed a Complaint against Defendants, Uber Technologies, Inc., Rasier, LLC, Rasier -CA, LLC, Jogn Mark Vassell, and DOES 1 through 50. The Complaint alleges causes of action for: (1) Motor Vehicle Neg l...

Excerpt: ...l arbitration is granted. The class claims are stricken. The Court severs the negotiation and mediation prerequisites. The case is stayed pending completion of the arbitration. BACKGROUND This is a putative wage -and -hour class action. Plaintiff is a former employee. He alleges that BHA subjected him and other current and former employees to numerous wage-and-hour violations. Here, BHA moves to compel arbitration of Plaintiff's individual claims...

Excerpt: ...for: 1. Bad Faith—Breach of the Implied Covenant of Good Faith and Fair Dealing 2. Breach of Contract 3. Intentional Infliction of Emotional Distress 4. Negligent Infliction of Emotional Distress A Trial Setting Conference is set for February 29, 2024. Legal Standard “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrat...

Excerpt: ...e Kyung Chang, The H Realty, and Christina Kwon. Multiple causes of action are pleaded against Defendants. On January 2, 2024, Defendants LNP Everland, Inc., Eui S. Chang, H Realty, and Christina Kwon filed their Answer to the Complaint. On January 5, 2024, Defendant Emotional Health Association filed its Answer to the Complaint. On February 1, 2024, Defendant LNP Everland, Inc. filed its Motion to Compel Deposition. In support of its Motion, Def...

Excerpt: ...roc., § 2025.010.) Where a party objects to the deposition, the proper remedy is an objection under Code of Civil Procedure section 2025.410. If such an objection is made within three calendar days before the deposition date, the objecting party must make personal service of that objection. (Code Civ. Proc. 2025.410, subd. (b).) CCP section¿2025.450(a) provides:¿“If, after service of a deposition notice, a party to the action . . . , without...

Excerpt: ..., against Defendant Nissan North America, Inc. (“Defendant”). The Complaint alleges causes of action for (1) breach of implied warranty of merchantability, (2) breach of express warranty, and (3) violation of Song- Beverly Warranty Act section 1793.2. Defendant now moves for an order compelling arbitration of this action and staying the action during the pendency of arbitration. Plaintiff opposes. Request for Judicial Notice The Court grants ...

Excerpt: ...lings: (1) ARGUE. (2) Deferred I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On February 9, 2022, Plaintiff Carlo A. Coppola (“Plaintiff”) filed a complaint against Defendant Luxe H2O, incorporated (“Luxe”) and DOES 1 through 100 for the following causes of action: (1) negligence; (2) breach of contract; and (3) breach of express w arranty. This matter involves allegations of construction defects and damages to Plaintiff's residence located ...

Excerpt: ...ions, within thirty (30) days of entry of this order. Plaintiff Wilshire Quinn Income Fund Reit, LLC's Request for Monetary Sanctions is GRANTED in the reduced amount of $1,320, payable by Defendant Victor Lossi and defense counsel to Plaintiff Wilshire Quinn Income Fund Reit, LLC and Plaintiff's counsel with in thirty (30) days of entry of this order. Plaintiff Wilshire Quinn Income Fund Reit, LLC shall pay a second motion filing fee of $60 with...

Excerpt: ... Castellanos, a minor by and through her Guardian ad Litem, Denise Babonyaba; Janey Lexine Castellanos, a minor by and through her Guardian ad Litem, Denise Babonyaba; Isai Edgar Castellanos Jr., a minor by and through her Guardian ad Litem, Denise Babonyaba Responding Party: Defendant Potomac Gardens LLC (1) Motion to Compel the Deposition of Defendant's Agent, Sharishi Kobayashi (2) Motion to Compel the Deposition of the Person Most Knowledgeab...

Excerpt: ...ned experts to appear for deposition and for sanctions and (2) to compel Plaintiff's responses to supplemental discovery and for sanctions . The motions were set to be heard on February 29, 2024. Plaintiff has not filed oppositions. Trial is currently scheduled for April 15, 2024. PARTY'S REQUESTS Bolton asks the Court (1) to compel Plaintiff's retained experts Fardad Mobin, M.D., Andrew S. Morris, D.D., and Jonathan Eskenazi, M.D., to appear for...

Excerpt: ...EL DEFENDANT ALEKSANDRA BULGACH TO RESPOND TO FORM INTERROGATORIES (SET ONE), SPECIAL INTERROGATORIES (SET ONE), REQUESTS FOR PRODUCTION OF DOCUMENTS (SET ONE), AND MOTION TO DEEM REQUESTS FOR ADMISSION (SET ONE) ADMITTED; (3) REQUEST FOR SANCTIONS. MOVING PARTY: Plaintiff Maverick Bankcard, Inc. RESPONDING PARTY(S): None as of February 20, 2024 REQUESTED RELIEF: 1. An Order Compelling Defendant Watch Rapport, LLC to Respond to Plaintiff's Form I...

Excerpt: ...g from a trip and fall over a moving cart. Trial is currently set for April 29, 2024. On November 16, 2023, defendant Macy's Retail Holdings, LLC (erroneously sued as Macy's) (“Defendant”) filed the instant motion for leave to obtain an additional independent medical examination (“IME”) of Plaintiff with Defendant's spine surgeon Mark J. Sp oonamore, M.D. (“Dr. Spoonamore”). Any opposition was due on or before February 15, 2023; none ...

Excerpt: ...ROUND This action stems from a landlord -tenant dispute. Plaintiff Xenon Investment Corp. entered into a written lease (“Lease”) with Defendant Garrett Bellrios , LLC (“LLC”) for commercial property located at 1106 N. La Cienega Boulevard, #206, West Hollywood, California (the “Property”). The lease was personally guaranteed by Defendant Garrett Bellrios (“Bellrios”). The Lease contains another entity as co-lessee, Katrina Spears ...

Excerpt: ...n of inability to comply is inadequate, incomplete, or evasive,” or “[a]n objection in the response is without merit or too general.” (CCP § 2031.310(a).) Plaintiffs' requests for production Nos. 16 -21 demand various categories of documents regarding the “POWERTRAIN DEFECT”: documents concerning (16) internal analysis or investigation, (17) communications about the defect, (18) warranty extensions, technical service bulletins and reca...

Excerpt: ...o RPDs a. Procedural History Plaintiff propounded RPDs on Defendant, and Defendant served responses. The parties met and conferred, but were unable to resolve various issues. Plaintiff thereafter filed this motion to compel. b. RPD 3 The parties were unable to resolve issues relating to RPD 3 prior to the filing of this motion. RPD seeks production of schedules of all employees who were working at the store on the date of the incident. Defendant,...

Excerpt: .... TENTATIVE RULING: 1. Motion to Quash Service of Summons is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On September 23, 2021, Plaintiffs Victor Gonzalez and Ana Gonzalez (Plaintiffs) filed a Complaint with six causes of action for: (1) Negligence, (2) Strict Liability – Warning Defect, (3) Strict Liability – Design Defect, (4) Fraudulent Concealment, (5) Br each of Implied Warranties, and (6) Loss of Consortium. On March 22, 20...

Excerpt: ...for a medical examination and for sanctions, to be heard on February 28, 2024. Plaintiff has not filed an opposition. Trial is currently scheduled for April 15, 2024. PARTY'S REQUESTS Bolton asks the Court to order Plaintiff to appear for a medical examination by Dr. Russel W. Nelson at his office at 250 Lombard Street, First Floor, Thousand Oaks, CA 91360. Bolton also requests monetary sanctions. LEGAL STANDARD Code of Civil Procedure section 20...

Excerpt: ...s ACCO Engineered Systems, Inc, Jon Eric Sohegian (collectively, “Defendants”), and Does 1 through 20, asserting causes of action for motor vehicle negligen ce and general negligence. On December 20, 2022, Defendants filed their answer. On October 27, 2023, Plaintiff served discovery on Defendants, including Form Interrogatories (Set One) to each Defendant; Requests for Production (Set One) to each Defendant; and Requests for Admission (Sets ...

Excerpt: ...filed the complaint in this matter against Defendants Yongun Park (“Defendant”) and Does 1 through 50, asserting causes of action for general negligence and motor vehicle negligence. On May 24, 2023, Defendant filed an answer. On that same day (May 24), Defendant served Plaintiff with discovery requests, including Form Interrogatories (Set One) and Requests for Production (Set One). (Daryanavard Decls., ¶ 4 & Exhs. 1.) Plaintiff never served...

Excerpt: ... v. Doe ) and Safechuck v. Doe 1 (Super. Ct. L.A. County, 2014, No. BC545264) (hereafter Safechuck v. Doe) for all purposes. Defendants MJJ Productions, Inc. and MJJ Ventures, Inc. (collectively, “Defendants”) have filed a response, indicating Defendants do not oppose and join in Plaintiffs' request to consolidate the two cases. ANALYSIS Procedural Requirements Per Local Rule 3.3, “Cases may not be consolidated unless they are in the same d...

Excerpt: ...d Does 1 through 20 asserting causes of action for motor vehicle negligence and general neg ligence. Uber and Gomillion filed their answers on January 3 and January 11, 2022. On November 9, 2022, the Court signed an order, based upon the stipulation of the parties, continuing trial from December 2, 2022 to April 10, 2023. On February 24, 2023, the Court signed an order, based upon the stipulation of the parties, continuing trial to January 2, 202...

Excerpt: ...). On March 30, 2023, Defendants filed a motion for summary judgment. On December 19, 2023, Plaintiff filed his opposition to the motion for summary judgment. On January 3, 2024, Defendants filed their reply. On January 22, 2024, Defendants filed this motion to seal portions of documents filed with Plaintiff's opposition and Defendants' reply. LEGAL STANDARD Unless confidentiality is required by law, court records are presumed to be open to the p...

Excerpt: ...ERMEDIATE HOLDINGS, LLC, a limited liability company; PARADIGM INTERMEDIATE, LLC, a limited liability company; PT INNERCEPT INC., a corporation; INNERCEPT, LLC, a limited liability company; PARAD IGM SERVICES HOLDINGS, LLC, a limited liability company; PARADIGM TREATMENT CENTERS, LLC, a limited liability company; PSYCH ME, LLC, a limited liability company; JEFF SETTEMBRINO, an individual; ROBERTO CANTO, an individual; THOMAS WILCOP, an individual...

Excerpt: ...ICE Code of Civil Procedure section 418.10, subd. (a)(1) states: “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of th e following purposes . . . (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” Mere notice of litigation does not confer personal jurisd...

Excerpt: ...amily Revocable Living Trust (“Tuggle”), and Robert Conrad; and (2)- (3) Plaintiff Tuggle. Responding Party: (1) -(3) Defendant Reshma Kamath (1) Special Motion to Strike under Code of Civil Procedure § 425.16; (2) Motion to Compel Defendant Reshma Kamath to Provide Further Responses to Interrogatory No. 15.1 of Plaintiff's Second Set of Form Interrogatories and for Sanctions; and (3) Motion to Compel Defendant Reshma Kamath to Provide Furth...

Excerpt: ...gainst Defendants Victor A. Velasquez and Melissa Vargas (“Moving Defendants”), among others. The Complaint alleges a single violation of section 51 of the Unru h Civil Rights Act. (Compl., ¶7.) The Court overruled Moving Defendants' demurrer to the Complaint on February 16, 2022 and they filed an answer the next day. On May 23, 2023, Moving Defendants filed a notice of related case with respect to Diaz v. Velasquez, et al. , LASC Case No. C...

Excerpt: ...ding Party: None. Motion to Seal The Court considered the moving papers. The motion is DENIED without prejudice. Background On January 13, 2023, Plaintiff Ben Myerson Candy Co., Inc. dba Wine Warehouse (“Plaintiff”) filed the operative Second Amended Complaint (“SAC”) against Defendant Devoto - Wade LLC dba Golden State Cider (“Defendant”), and DOES 1-10, inclusive for: (1) Breac h of Contract and (2) Common Count in Quantum Meruit. O...

Excerpt: ...otion in Limine No. 4 and Exhibits A, B, E, and F Filed ISO Defendants' Opposition to Plaintiff's Motion in Limine Nos. 10 -11. Background Pleadings Plaintiff Kenneth D. Rickel sues Defendants Martin W. Enright, Esq. (Enright), Littman Krooks, LLP (Littman Krooks), and Does 1 through 20 pursuant to a March 13, 2017 Second Amended Complaint (SAC) alleging claims of (1) Breach of Fiduciary Duty, (2) Frau d, (3) Legal Malpractice, (4) Breach of Cont...

Excerpt: ... Inc. (Nominal Defendant) filed a cross -complaint against Plaintiff. In August 2019, the parties settled. On August 4, 2023, Plaintiff filed a motion to enforce the settlement. On August 14, 2023, Nominal Defendant filed this motion to seal Plaintiff's motion to enforce the settlement and supporting documents. On August 17, 2023, Defendant filed a joinder to the motion to seal. LEGAL STANDARD Unless confidentiality is required by law, court reco...

Excerpt: ... against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc., § 473, subd. (b).) This relief is available to a party as a matter of form provided that the party, “no more than six months after entry of judgment, [] in proper form, and [] accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surpris e, or neglect, [makes a motion to] vacate […] [the] de...

Excerpt: ...hey are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID -19 pandemic. This is a habitability matter. Defendants Henry Siegel and Bancroft Towers, LLC seek to strike the Complaint's prayer for punitive damages because they contend that Plaintiffs only plead negligence. Motions to strike are used to challenge defects in the pleadings not subject to demurrer. Any party may move to strike the whole or any part o...

Excerpt: ...KMAN and JUDITH LORRAINE RYCKMAN (“Plaintiffs”) brought this case against Defendants LAURA DREXLER and DAVID DREXLER as Trustees of the Drexler Trust (“Drexler Defendants”), and the Drexlers' attorney Michael Schwimer (“Schwimer”) (Drexler D efendants and Schwimer collectively referred to herein as “Defendants”), to preclude enforcement of sanctions orders issued in a separate case between Plaintiffs and the Drexler Defendants. Sc...

Excerpt: ...cia (“Defendants”). Defendants filed the instant Motion to S trike Punitive Damages on December 22, 2023. Plaintiff filed an opposition on February 7, 2024 and an additional opposition on February 13, 2024. Defendants filed a reply on February 21, 2024. Discussion Defendants bring the instant Motion to Strike Plaintiff's request for punitive damages pursuant to Code of Civil Procedure section 436. The Motion is accompanied by a meet and confe...

Excerpt: ...award is denied. Petitioner ABP Parcel 8, LLC (“ABP”) (“Petitioner”) petitions this Court to confirm the arbitration award. (Notice of Petition, pg. 1.) Respondent Marina Pacifica, LLC (“Marina”) (“Respondent”) cross -petitions this Court to vacate the arbitration award. (Cross-Petition Vacate, pg. 3.) CRC Violations CRC, Rule 3.1113(d) provides, “[e]xcept in a summary judgment or summary adjudication motion, no opening or respo...

Excerpt: ...the reduced amount of $1,860, payable by Defendant Hessam Arashfar and defense counsel to Plaintiff Yeying Zhou and Plaintiff's counsel within thirty (30) days of entry of this order. Plaintiff Yeying Zhou to give notice. REASONING Plaintiff Yeying Zhou (“Plaintiff”) moves the Court for an order compelling Defendant Hessam Arashfar (“Defendant”) to provide further responses and documents to Plaintiff's Requests for Production of Documents...