Excerpt: ...s action arises from an alleged battety ata nightclub. On September 17, 2024, Plaintiff Maria C. Arangu Torrealba went to Defendant West Hollywood Surprise, LLC dba Rocco's WEHO erroneously sued as Rocco's Tavern CC, LLC. (FirstAmended Complaint ("FAC") 12.) Defendant Tyler Clark is the general manager of Rocco's WEHO. (ld. 15.) Plamtiff alleges that after being seated near the dance floor, fivo employees (one identified as "Matthew" and the othe...

Excerpt: ...nd Saad Fathi (“Defendants”). Moving Defendant 921 -929 Broxton Ave, LLC (“Broxton”) demurs to the Complaint on the grounds that it fails to state facts sufficient to constitute a cause of action under Code of Civil Procedure section 430.10, subdivision (e). City opposes the demurrer and Broxton replies. REQUEST FOR JUDICIAL NOTICE Broxton requests judicial notice of the invoice sent to Defendants Habibi Café, Jan Fathi, Saad Fathi, and ...

Excerpt: ...e issued an insurance policy to Plaintiff providing full coverage of Plaintiffs' Maserati, including coverage for damages caused by uninsured motorists. Plaintiffs allege that an unidentified driver caused an auto accident resulting in personal injuries and property damage. Plaintiffs made an insurance claim with Defendant who allegedly “lowballed” offers for Plaintiffs' damage claim. Plaintiffs allege claims against Progressive for (1) breac...

Excerpt: ...rt notes that neither party moves to lift the arbitration stay so that this Application may be heard. This wrongful termination action was filed by Plaintiff YANFEI TIAN (“Plaintiff”) on November 7, 2022. On September 12, 2023, this Court GRANTED Defendants Weee! Inc., Liu, and Yan's unopposed petition to compel arbitration, and this matter was ordered STA YED pending arbitration. Consequently, there is a jurisdictional issue as to whether th...

Excerpt: ...nt Anza Management Company (Defendant) and moved against the Plaintiff Aleisha Barnett's (Plaintiff) Complaint. Defendant demurs to seven causes of action: the first cause of action (COA) for battery, the third COA for intentional infliction of emotional distress (IIED), the eighth COA for violation of Civil Code sec. 1941.3, the ninth COA for violation of Civil Cod e sec. 1942.4, the tenth COA for negligent violation of statutory duty to maintai...

Excerpt: ...iff does not allege purely economic loss. “ ‘[E]conomic loss' is pecuniary damage not arising from injury to the plaintiff's person or from physical harm to the plaintiff's property.” (Rest.3d Torts, Liability for Economic Harm, § 2.) Federal courts have specifically found a tort duty when repairing vehicles: “ ‘One who undertakes repairs has a duty arising in tort to do them without negligence.' ” (Sabicer v. Ford Motor Company (C.D...

Excerpt: ..., and Kadjaly Conteh (“Defendants”). Defendants demur to the Complaint on the grounds that it fails to state facts sufficient to constitute a cause of action pursuant to Code of Civil Procedure section 430.10. Plaintiff opposes the demurrer. ANALYSIS I. DEMURRER - STANDARDS “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” ( Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In t...

Excerpt: ...VERY SERVICE, LLC dba TEMCO LOGISTICS: Plaintiff began his employment with Defendant in November 2021 as a technician. On his first day (12/7 /21), Plaintiff got in a car accident; Plaintiff was the passenger, and another company employee was the driver. Plaintiff was taken back to the warehouse and treated by “Industrial Athletes.” After weeks of pain, Defendant was put Plaintiff on light duty (e.g., sweeping), but Plaintiff could not endure...

Excerpt: ...tive Rulings: (1) SUSTAINED. I. BACKGROUND¿¿ ¿¿ A. Factual ¿¿ ¿ On May 10, 2023, Plaintiffs, Kristen Robertson and Candice Robertson (collectively, “Plaintiffs”) filed a Complaint against Defendants, NGX3, LLC, Coastline Real Estate Advisors, Inc., and DOES 1 through 50. On September 8, 2023, Plaintiffs filed a First A mended Complaint (“FAC”) alleging causes of action for: (1) Failure to Provide Habitable Dwelling; (2) Unfair Comp...

Excerpt: ...iff's fifth cause of action is SUSTAINED without leave to amend. BACKGROUND On February 27, 2024, Plaintiff Emma T. Malloy (“Plaintiff”) filed this action against Defendant Earl Hall (“Defendant”) alleging the following causes of action: C/A 1: Financial Elder Abuse C/A 2: Quiet Title C/A 3: Fraud C/A 4: Declaratory Relief C/A 5: Punitive Damages The Complaint alleges the following. On November 28, 1969, Charlie and Emma T. Malloy purchas...

Excerpt: ...nst defendants Fortune Empire Group, Inc. (“Fortune Empire”)\ and Henry Tang (“Tang”) (collectively, “Defendants”) asserting cau\ ses of action for conversion, intentional and negligent interference with prospective economic relations, violation of Business & Professions Code section 17200 (“\ UCL”), intentional and negligent misrepresentation, misappropriation of trade s\ ecrets, and common law trademark infringement. Plaintiff a...

Excerpt: ... Ford Motor Company (Defendant), alleging: (1) Breach of Implied Warranty of Merchantability under the Song -Beverly Act and (2) Breach of Express Warranty under the Song -Beverly Act. On 1/31/2024, Plaintiff moved to compel further responses to Special Interrogatories No. 14, 25, 40 -46 and 55. Discussion Plaintiff argues that good cause exists to compel further responses to Special Interrogatories No. 14, 25, 40 -46 and 55. - Special Interrogat...

Excerpt: ...). Defendant also seeks monetary sanctions. Plaintiff opposes. No reply has been filed. LEGAL STANDARD Requests for Admission Where there has been no timely response to a request for admission under Code of Civil Procedure section 2033.010, the propounding party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction.¿ (Code of Civ. ...

Excerpt: ...a complaint against Walmart, Inc. (“Defendant”) for negligence arising out of an alleged slip and fall on September 25, 2018. Walmart filed an answer on May 10, 2021 and an amended answer on May 19, 2021. On December 16, 2022, Plaintiff's counsel was relieved as counsel. On March 23, 2023, Defendant served Plaintiff with discovery, including Special Interrogatories (Set Three), Requests for Production of Documents (Set Three), and Requests fo...

Excerpt: ...9, 2024, Defendants filed motions (1) to compel Burden's responses to request for production of documents, set one, special interrogatories, set one, and form interrogatories, set one, (2) to deem admitted matters specified in requests for admission, set one, served on Burden, and (3) to i mpose sanctions on Burden and his counsel. The motions were set for hearing on April 15, 2024. The Court continued the hearing to May 15, 2024. Burden has not ...

Excerpt: ...thout Objections to Requests for Production of Documents (3) Motion for an Order Deeming Admitted Truth of Facts (4) Motion to Exclude Evidence of Plaintiff's Alleged Damages due to Plaintiff's Failure to Respond to Demand for bill of Particulars The Court considered the moving papers. No opposition was filed. RULING The motions are GRANTED. Plaintiff is ordered to respond without objections to defendant's Form Interrogatories (Set One) and Speci...

Excerpt: ...he amount of $1,600 is GRANTED. Plaintiff's request for reimbursement of costs for filing the instant motion in the amount of $219.60 is DENIED. BACKGROUND On October 5, 2023, Plaintiff Isabella Haddad (“Plaintiff”) filed this employment action against Defendants Bachi Bus LLC (“Bachi”), Bachi Bus Bros LLC (“Bachi Bros”), and Jamelle Holieway (“Holieway”). On March 13, 2024, Plaintiff filed a First Amended Complaint alleging the f...

Excerpt: ...ding to any other party to the action written interrogatories to be answered under oath.” (Code Civ. Proc., § 2030.010(a).) If a propounding party is not satisfied with the response served by a responding par ty, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., § 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) The propounding party must...

Excerpt: ...7 within 20 days. TENTATIVE RULING: The unopposed motion is granted. Defendant is ordered to serve further responses to Plaintiff's Form Interrogatories, Set One, Nos. 6.3, 6.4, 6.5, 6.6 and 6.7, within 20 days. The Court imposes sanctions against Defendant and/or her counsel in the amount of $250.00. BACKGROUND This is a personal injury action in which Plaintiff alleges that on 1/16/21, he was injured as a result of an automobile collision betwe...

Excerpt: ...ntary School, Mark Berendt, sexually molested Plaintiff beginning in 2007. Plaintiff was born on May 17, 1999. Berendt was arrested in 2012 for the alleg ed molestation of numerous students on the campus. On October 3, 2022, Plaintiff filed a complaint for Intentional Infliction of Emotional Distress; Negligence; Negligent Supervision; Negligent Hiring/Retention; Negligent Failure to Warn, Train, or Educate; Breach of Fiduciary Duty; Constructive...

Excerpt: ...ment Creditor's Motion to Compel Further Responses to Special Interrogatories (Set One) is GRANTED . Judgment Debtor is ordered to provide verified, code- compliant, supplemental responses without objections within 30 days of this order. III. No sanctions are imposed. Moving party to give notice. The Motions are unopposed as of May 14, 2024. This unlawful detainer action was filed by Plaintiff BLAINE HOLDINGS & DEVELOPMENT, LLC (Plaintiff/Judgmen...

Excerpt: ...is matter was first before the Court on February 21, 2024. On that date, the Court ordered the parties to further meet and confer and file a joint statement of the remaining issues. The parties did not do so. Defendant's counsel stated that she reached out to Plaintiff's Counsel but did not get a response. The Court continued the matter to today's date. The parties filed a joint statement on May 8, 2024. Pursuant to the further meet and confer ef...

Excerpt: ... Requests for Production of Documents (set one) and seek sanctions. Background On March 7, 2023, Plaintiffs filed a Complaint against Defendant American Honda Motor Co., Inc. (Defendant) for alleged violations of the Song- Beverly Act for failure to repair or repurchase Plaintiff's 2020 Honda CR-V (Subject Vehicle) and Fraudulent Concealment. Legal Standard CCP § 2031.310 allows a party to file a motion compelling further answers to document req...

Excerpt: ... Filed February 8, 2024 RELIEF REQUESTED Plaintiff moves for an order compelling further responses to his requests for production of documents. BACKGROUND This case arises out of Plaintiff Justin Whiter's lemon law claim for a 2019 Ford Fusion, Vehicle Identification Number 3FA6P0HD4KR174062 (the “Subject Vehicle”). Plaintiff filed his complaint on March 7, 2023. Plaintiff filed the instant motion to compel further responses to his request fo...

Excerpt: ...Pleadings Plaintiff SL Retail Owner LLC (SL Retail) sues Christopher Au and Does 1 through 20 pursuant to a May 26, 2022, First Amended Complaint alleging two breach of guaranty claims. The claims arise from allegations that Keisuke LLC leased commercial mall space from SL Retail and that Keisuke LLC defaulted on its two lease agreements —the Keisuke Lease and the Ushi Ushi Lease—with Defendant Au, Keisuke LLC's guarantor, subsequently failin...

Excerpt: ...sure. Plaintiffs Kimberly Davis and Jonathan M. Davis filed a complaint against Defendants U.S. Bank National Association, as Trustee of Mstr Adjustabl-Rate Mortgages Trust 2006 -OA2 (“U.S. Bank”); Nationstar Mortgage LL C d/b/a Mr. Cooper (“Nationstar”) and Quality Loan Service Corporation for 1) Breach of Contract; 2) Breach of the Implied Covenant of Good Faith and Fair Dealing; 3) Violations of the Rosenthal Act; 4) Violations of the ...

Excerpt: ...fendant opposes and Plaintiff replies. LEGAL STANDARD Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) A properly served deposition notice is effective to require a party or party -affiliated deponent to attend and to testify, as well as to produce documents for inspection and copying. (Code Civ. Proc., § 2025.280, subd. (a).) ...

Excerpt: ...nd DOES 1 -10, alleging a sole cause of action for Violations of the Unruh Civil Rights Act. After default was entered against Defendant Fan Shin, and the parties subsequently stipulated to set aside such default, Plaintiff filed a First Amended Complaint against Defendant Fan Shin and Ponce's Bakery (“PB”) on December 14, 2022. On June 15, 2023, after hearing oral argument, the Court sustained the demurrer of Defendant Fan Shin to the FAC wi...

Excerpt: ... propounded set one of form interrogatories, special interrogatories, and request for production of documents (“RPDs”) on plaintiff Cheuk Ying Lam (“Plaintiff Lam”) on December 20, 2023. Responses were due on or before January 24, 2024. Hernandez's counsel avers that no responses have been served to date. Hernandez therefore seeks an order compelling Plaintiff Lam to respond, without objections, to the outstanding discovery. Plaintiff Lam...

Excerpt: ...e negligence and general negligence arising out of an automobile accident occurring on February 24, 2019. On February 22, 2022, Solano and Makridis (“Defendants”) filed an answer. On November 9, 2022, Arnold filed an answer. On May 4, 2023, the Court granted Defendants' unopposed motion to continue trial. The trial date was continued to January 19, 2024. On January 2, 2024, the Court granted Plaintiff's ex parte application to continue trial,...

Excerpt: ... before being discovered later that day. (Complaint, ¶¶ 20-30.) On August 24, 2022, Plaintiff filed the Complaint in this action, asserting causes of action for negligent hiring, retention, and supervision; negligence; negligent infliction of emotional distress; and intentional infliction of emotional distress against Defendants Los Angeles Unified School District (“LAUSD”), County of Los Angeles (“County”), Inclusive Education and Comm...

Excerpt: ..., 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: Plaintiffs GC-8, LLC and San Clemente Beach Country Club RELIEF REQUESTED Defendant moves for an order compelling Plaintiffs GC -8, LLC and San Clemente Beach Country Club to provide further responses to Request for Production of Documents, Request for Admi...

Excerpt: ...ret misappropriation and to prevent further alleged misuse of confidential information. FG alleges: (1) breach of contract; (2) breach of the duty of loyalty; (3) misa ppropriation of trade secrets; (4) receipt of stolen property; (5) unfair competition; and (6) interference with prospective economic advantage. Whitfield & Wakefield cross-complained against FG and its owner Ferrazzi alleging: (1) fraud in the inducement (by Whitfield against FG);...

Excerpt: ...rawczyk's Motion for Trial Preference TENTATIVE RULING Belmont Village RPV, LLC, et al.'s (“Belmont Village”) and Episcopal Community & Services for Senior, et al.'s (“Canterbury”) Petitions to Compel Arbitration and Stay Proceedings are denied. Rose Marie Krawczyk's Motion for Trial Preference is granted. Background Plaintiff filed the Complaint on January 24, 2024. Plaintiff alleges the following facts. Due to the negligent and willful ...

Excerpt: ...olice officers were involved in a vehicle pursuit and arrested the vehicle's juvenile passenger. (Administrative Record [“AR”] 0126.) There was subsequently a “use of force incident” in the report writing room involving the arr ested juvenile and another officer, Sergeant Joseph Meister (“Meister”). (Id.) Officer Tuan Le (“Le”) was present in the report writing room and witnessed the incident. (AR 016 -020, 0126.) On October 7, 20...

Excerpt: ...k purchase agreement. In June 2023, Plaintiffs Zenith Technology Inc. (Zenith) and Zhaohui Wang entered into a written agreement with Defendant Kyle Dou in which Zenith purchased 38,250 common sto ck shares from Dou's company, Hixih Rubber Industry Group, Ltd. (Hixih). In exchange, Zenith agreed to pay $500,000 in cash, assume $230,000 in outstanding debt owed by Hixih, and issue 3,187,541 shares of Zenith's stock to Dou. Subsequently, Zenith and...

Excerpt: ...d. Plaintiff to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. On August 19, 2022, Plaintiff Jane Doe filed the operative Complaint against Defendants LAUSD and Does 1 -60 for (1) childhood sexual abuse, (2) intentional infliction of emotional distress (“IIED”), (3) negligent hiring, supervision, and retention, (4) fai lure to...

Excerpt: ...Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. DISCUSSION I. MOTION TO CLAIM CASH BOND Catamount moves to claim cash bond on the grounds that the Court entered judgment in favor of Catamount and the preliminary injunction in this case was dissolved. “If a bond is given in an action or proceeding, the liability on the bond may be enforced on motion made in the court...

Excerpt: ...G PARTY: Plaintiff Monique Mudarris RESPONDING PARTY: Defendant Jaguar Land Rover North America, LLC (“Defendant”) The Court has considered the moving, opposition and reply papers. BACKGROUND This is a lemon law action under the Song- Beverly Act (“Song-Beverly” or the “Act”) arising from an allegedly defective 2018 Land Rover Range Rover (the “Vehicle”) purchased by Plaintiff on September 21, 2018. Over the next four years, Plain...

Excerpt: ...romptly investigate and correct FEHA violations, failure to engage in the interactive process, and failure to accommodate) based on disability for conduct that occurred w ithin one year of Plaintiff's 3/20/20 DFEH Complaint, i.e., wrongful conduct based on disability that occurred before 3/19/19 is time-barred. The Court specifically granted summary adjudication against Plaintiff with respect to his claims for violation of the FEHA based on race ...

Excerpt: ...tural Concrete Group, Inc. is GRANTED. Plaintiff's request for sanctions is GRANTED in the amount of $1,660 jointly and severally against SCG and its Counsel of Record. Sanctions are payable within 15 days after the date of this order. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. FACTUAL BACKGROUND This is an action for disability discrimination, hostile work envir...

Excerpt: ...lly, is granted in the amount of $111,186.80. Plaintiff Thorsten D. Meier (“Meier”) (“Plaintiff”) moves unopposed to vacate this Court's arbitration stay, reopen this case in Superior Court, and award monetary sanctions against Defendants Triller, Inc. (“Triller”), Mahi de Silva (“de Silva”), and Paul Kahn (“Kahn”) (collectively, “Defendants”), jointly and severally, on the grounds Defendants materially breached the allege...

Excerpt: ...ed complaint against B&M Capital Group, LLC and Shree Ram Krishna Hari, LLC for (1) Negligence - Premises Liability/Failure to Warn/ Negligence Per Se; (2) Nuisance; (3) Intentional Infliction of Emotional Distress; (4) Breach of Contract; and (5) Fraudulent Concealment. Plaintiff seeks damages from Defendants for their alleged wanton failure to properly maintain, control or repair Plaintiff's rented hotel room number 501. [TENTATIVE] RULING Defe...

Excerpt: ...n on August 10, 2023, asserting causes of action for wrongful death/neg ligence, negligence, negligent infliction of emotional distress, and loss of consortium against Defendant DoorDash, Inc. (“DoorDash”), Vladimir Tishchenko (“Tishchenko”), and Does 1 through 10. DoorDash and Tishchenko filed their Answers to the Complaint on September 26 and October 17, 2023. On February 7, 2024, Plaintiffs filed a motion for leave to file a proposed F...

Excerpt: ...the Bahamas. The plane was in route from Long Island, Bahamas, to New Providence, Bahamas, when it crashed shortly after takeoff. The aircraft was owned by and operated with the implied and express consen t of Defendant Roya Mohammadi (Defendant). Defendant also selected and approved the pilot that was flying on the day of the accident. Defendant is a resident of Los Angeles County, California, and the aircraft is registered in the United States....

Excerpt: ...and that Defendant never paid for these products. (Complaint, BC -1 & CC -1.) The motion now before the Court is Defendant's Motion to (1) Set Aside the Entry of Default (2) Grant Leave to File and Serve a New Answer and (3) to Continue Trial. Plaintiff filed an opposition on April 2, 2024, and Defendant filed a reply on April 8, 20 24. However, Plaintiff withdrew the opposition on April 15, 2024, and supplemental briefing was filed by Defendant ...

Excerpt: ...March 8, 2024, the Court granted in part Defendant's ex parte application and continued trial to August 6, 2024. All discovery and pre -trial motion cut -off dates remain associated with the March 26, 2024 trial date “unless otherwise stipulated by the pa rties or subject to any motion to reopen discovery.” (Min. Order, 3/8/24.) On April 4, 2024, Defendant filed the instant motion to reopen discovery to run with the current August 6, 2024 tri...

Excerpt: ...inclusive, alleging causes of action for: (1) Negligence; (2) Negligent Hiring, Supervision, Training and Retention; (3) Assault; (4) Battery; and (5) Intentional Infliction of Emotional Distress. On August 30, 2023, Defendant Fairfield filed an Answer to the Complaint. On November 13, 2023, Plaintiff filed a Case Management Statement. Also, on November 13, 2023, default was entered against Defendant Black Badge and Defendant Sauceda. On November...

Excerpt: ...Plaintiff and Defendants Ja mgle Jam USA, Inc. and Rama McCabe on August 30, 2023, is granted. Plaintiff is entitled to an order enforcing the Judgment in the amount of $210,000.00 and retains jurisdiction over this matter pursuant to C.C.P. §664.6. Plaintiff Esther Lim (“Lim”) (“Plaintiff”) moves unopposed for this Court to set aside the judgment of dismissal entered on September 20, 2023, and enter judgment pursuant to the terms of the...

Excerpt: ...rip and fall occurring on December 1, 2019. On May 27, 2022, Nouman Fadel Hannoun, Vicki Hannoun, and Crestline Valero Market, filed an answer to the complaint and a cross -complaint against Roes 1 through 10. Plaintiff noticed the deposition of Christina Neria, a former employee of Defendants, and personally served Ms. Neria with a deposition subpoena. (Bourret -Roy Decl., ¶ 4 & Exhs. B - C.) The deposition was scheduled for March 11, but Ms. N...