Excerpt: ...idered the moving papers. No opposition or reply papers have been filed as of April 23, 2024. BACKGROUND This action arises out of a dispute concerning a construction project. On March 25, 2024, Cross-Defendant Rodriguez Plastering (“Moving Cross -Defendant”) filed the instant motion for determination of good faith settlement (the “Motion”). The Motion is made pursuant to Code of Civil Procedure section 877.6(a). No opposition has been fi...

Excerpt: ...e Opposition Papers: Opposition Reply Papers: Reply RELIEF REQUESTED “Defendant, Chase, demurs to the Third Amended Complaint (TAC) on the following grounds: 1. The First Cause of Action does not state a cause of action because the common law negligence cause of action is displaced and preempted by the comprehensive scheme of regulation in California's enactment of Division 11 of the California Commercial Code applicable to wire transfers. ...

Excerpt: ...laintiff David Bruch. The fire occurred at a building located at 8423 N. Canoga Ave on October 18, 2021. Plaintiffs Sarah Fry Bruch and Gregory Bruch (Plaintiffs) have alleged that each named Defendant contributed to the fire in some way, through the equipment designed, manufactured, sold, or installed in the building; by neglecting to adhere to building codes and regulations to maintain the facility; and/or by failing to follow code compliance i...

Excerpt: ...t filed by Plaintiff Fallon Seaborn (“Plaintiff”). The Court SUSTAINS the demurrer WITH LEAVE TO AMEND. Plaintiff shall amend the Complaint within 20 days. Background This is a breach of contract case. Defendant is a lender that makes small, secured cash loans. Plaintiff alleges that Plaintiff and Defendant entered into an agreement on June 5, 2019. Plaintiff alleges that Defendant makes loans at a very high interest rate. Plaintiff alleges t...

Excerpt: ...tion was filed. Negligence To state a claim for negligence, a party must allege (1) duty, (2) breach, and (3) causation. CACI 400, see, e.g. McIntyre v. Colonies- Pacific, LLC (2014) 228 Cal.App.4th 664, 671. For purposes of negligence liability, a landlord has a duty to take reasonable precautions to protect patrons from highly foreseeable third -party crimes. Ann M. v. Pacific Plaza Shopping Center (1993) 6 Cal.4th 666, 679. Foreseeability can ...

Excerpt: ...r period, Plaintiff alleges she was stalked and harassed by a male coworker, Paul Chen. Plaintiff alleges Defendants failed to discipline or ta ke other action against Chen despite her complaints. Plaintiff eventually resigned from her position due to Defendants' failure to prevent Chen's harassment. Defendants now demurrer to the First, Second, Third, Fourth, Fifth, Ninth, and Tenth Causes of Action in the First Amended Complaint. Plaintiff oppo...

Excerpt: ... Burbank Senior Villa West ("LBC"), Burbank Senior Villa West, Trion Solutions Inc. Orion"), Kornland Building, and Paul Lawrence Dunbar Haney IV ("Haney") for wrongful death (Labor Code 53601) and premises liability. Plaintiffs, the parents of decedent Moncerrat Vargas ("Decedent'), allege Decedent was an employee of LBC/Trion/ Burbank Senior Villa West. After Haney was terminated from his employment with defendants, Haney stabbed Decedent when ...

Excerpt: ...Defendants”) filed a demurrer to the FAC. As of April 23, 2024, no opposition has been filed. Tenser filed a motion for leave to amend and file a Second Amended Complaint, which is set to be heard on the same day as this motion, on April 25, 2024. Request for Judicial Notice The County Defendants request judicial notice of the fact that Los Angeles County District Attorney George Gascón took office on December 7, 2020, and of several filings a...

Excerpt: ...Aviation Inc. (“Defendants”) asserting three causes of action: (1) Breach of Contract, (2) Quantum Meruit, and (3) Express and Implied Indemnity. Defendant Liker filed a cross-complaint on May 27, 2022, alleging two causes of action against Plaintiff for breach of fiduciary duty and fraud. On June 23, 2023, this court overruled Appel's demurrer to the first cause of action for breach of fiduciary du ty, and sustained the demurrer as to the se...

Excerpt: ... counsel regarding the Demurrer and to file a supplemental declaration describing such meet and confer efforts at least nine (9) court days before the next scheduled hearing on the Demurrer. BACKGROUND This is an action arising from a dispute over a family trust. In September 1998, Carlota G. Cruz and Carlota's husband, Antonio V. Cruz, formed The Antonio V. Cruz and Carlota G. Revocable Trust (Cruz Trust) and are trustees of the Cruz Trust. In D...

Excerpt: ...tion for discrimination based on race and disability, the second cause of action for harassment based on race and disability, the fourth and fifth causes of action; the demurrer to the eighth cause of action is moot. Based on the joinder, the demurrer is also sustained as the causes of action alleged against Defendant Williams. The Motion to Strike is granted. On August 23, 2023, Plaintiff Tina Edwards (Plaintiff) sued Defendants Los Angeles Coun...

Excerpt: ... February 28, 2024 OPPOSITION: Filed April 12, 2024 REPLY: Filed April 17, 2024 RELIEF REQUESTED Defendant demurrers to Plaintiffs' third cause of action for fraudulent inducement and moves to strike Plaintiffs' prayer for punitive damages. BACKGROUND This case arises out of Plaintiffs Sandra Cervantes Soto and Dora Cervantes's (“Plaintiffs') lemon law claim. Plaintiffs allege that on April 11, 2021, they purchased a new 2020 Honda Pilot (“Su...

Excerpt: ... Judgment and to give notice of the Court's ruling within five calendar days of the Court's order. BACKGROUND This is a real property dispute. On February 14, 2018, Plaintiffs Bharat Patel (Bharat) and Dinesh Patel (Dinesh) (collectively, Plaintiffs) filed this action (KC070042) against Dr. Prakash Patel and Does 1 through 10, alleging causes of action for breach of settlement agreement and fraud. On March 16, 2020, Prakash Patel (Prakash...

Excerpt: ...c's Motion to Strike is MOOTED. I. BACKGROUND A. Factual On February 22, 2023, Plaintiff, Salvador Chavez (“Plaintiff”) filed a Complaint against Defendants, American Honda Motor Co., Inc., and DOES 1 through 10. On October 27, 2023, Plaintiff filed a First Amended Complaint (“FAC”). On February 9, 2024, Plainti ff filed a Second Amended Complaint (“SAC”) alleging causes of action (1) Violation of Song-Beverly Act – Breach of Expres...

Excerpt: ...uction secured a “job” at 4711 Berryman Ave in Culver City, California. The owner of the property at that time was 4711 Berryman LLC (“Berryman”). On September 16 2020, Plaintiff and other workers were instructed to fix some tile, pipes and grout. The work was situated on the exterior of the project about 10 feet above ground level. There was no scaffolding or ladders present. Rodriguez directed the workers to place several garbage bins i...

Excerpt: ...Plaintiffs Elliot Minge Brown and Deborah Ali Kelson (“Plaintiffs”) NOTICE: OK¿¿¿ RELIEF REQUESTED: An order to grant GM's demurrer to the Fourth and Fifth Cause of Action in Plaintiffs' First Amended Complaint, and to strike the prayer for exemplary or punitive damages. TENTATIVE RULING: The demurrer is OVERRULED. The motion to strike is DENIED. BACKGROUND Plaintiffs filed this Song -Beverly Consumer Warranty Act lawsuit over alleged defe...

Excerpt: ...riguez alleges as follows. Starting in January 1997, Rocha rented a residential property in Wilmington as a month- to-month tenancy. On March 14, 2024, Plaintiff Rodriguez served a three -day notice to quit on Defendant Rocha. Plaintiff Rodriguez alleges Defendant Rocha subsequently failed to comply with the notice. On April 3, 2024, Defendant Rocha filed the present demurrer and motion to strike. Analysis: A party may demur to a complaint on the...

Excerpt: ...an”) and Spectrum Lending, LLC (“Spectrum”) (collectively, the “Spectrum Parties”) The Court has considered the moving and opposition papers. As of April 23, 2024, no reply has been filed. BACKGROUND This action arises out of a dispute over real property (the “Property”). The Cross-Complaint (the “XC”) alleges: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) unjust enrichment – restit...

Excerpt: ...s that American Honda Motor Company (“Defendant” or “Honda”) did not disclose and actively concealed defects involving Honda's Transmission Defect affecting Plaintiff's 2019 Honda Odyssey vehicle. (See e.g., Complaint ¶¶8, 18.) Plaintiff's Complaint asserts the following causes of action: (1) Violation of Song -Beverly Act – Breach of Express Warranty; (2) Fraudulent Inducement -Concealment Defendants generally demur to the fifth and ...

Excerpt: ... Sanchez (“Ricardo”) 1 filed the instant breach of contract and quiet title action against Defendants Cain Sanchez Jr. (“Cain”), Dependable Pallet Logistic, Inc. (“DPL”), Yong Yu Sanchez (“Yong Yu”), and Yans Holding LLC (“Yans”) (collectively “Defendants”). The complaint asser ts eleven causes of action for (1) Breach of Contract, (2) Breach of Covenant of Good Faith and Fair Dealing, (3) Quiet Title, (4) Declaratory Reli...

Excerpt: .... Plaintiffs Sherwin Tehrani Arae and Ida Molayem Arae sued Defendants Vylox , Inc., Bella Vista Property Management, Inc. and Paragon Property Management Group LLC for alleged uninhabitable conditions of a condominium unit located at 120 S. Palm Dr., #101, Beverly Hills, California (the “Property”). On January 24, 2024, Plaintiff s filed a Doe Amendment to the Complaint naming Doe 1 as Fleur De Lis at Palm Homeowners Association Inc. (“Fle...

Excerpt: ...tainty is overruled but sustained with leave to amend as to the seventh cause of action for fraud and deceit, eighth cause of action for negligent misrepresentation, ninth cause of action for quie t title by adverse possession, and tenth cause of action for quite title by easement by prescription. Defendant Joshua's motion to strike is denied as to Paragraphs 54, 63, 88, and Prayer of Punitive Damages, granted with leave to amend as Paragraph 101...

Excerpt: ...tice to pay rent or quit. Trial was held on January 11, 12, 16, and 17 2024. Jury found in favor of Plaintiff. [TENTATIVE] RULING Plaintiff's Motion for Attorney Fees is GRANTED. DISCUSSION Plaintiff Shake Amzoyan moves this court for an order awarding Plaintiff its attorney fees and costs in the amount of $8,500.00 against Defendant Jaclyn Ann Kerigan on the grounds that Plaintiff is the prevailing party pursuant to the Lease Agreement entered i...

Excerpt: ... TRANSRINA KEBE'S SPECIAL MOTION TO STRIKE PLAINTIFFS' FIRST AMENDED COMPLAINT Date: April 24, 2024 Time: 8:30 a.m. Dept: 56 Judge: Holly J. Fuji e Trial: None Set Moving Parties: Defendants Yelen Entertainment LLC (“Yelen”) and Latasha ` Transrina Kebe (“Kebe”) Responding Parties: Plaintiffs Kevin Hart (“Hart”) and K.Hart Enterprises (“KHE” ) The Pleading s On January 2, 2024, plaintiffs Hart and KHE (collectively, “Plaintiffs�...

Excerpt: ...CKEN from the Complaint. Defendant Kim Sill may move for attorney's fees and costs. The Motion for Undertaking is DENIED. The Demurrer and the Motion to Strike are TAKEN OFF CALENDAR. BACKGROUND: On January 22, 2024, Plaintiffs Melissa Bacelar, Wagmor Pets, and Wylder's Holistic Pet Center, Inc. filed their Verified Complaint against Defendants Kim Sill, Shelter Hope Pet Shop, Inc., Matt Friedman, and Faith Ballin on a single cause of action for ...