Excerpt: ...$19,761.50 against Plaintiff Abigail Slotkin (“Plaintiff”) on the ground that Defendants prevailed in this action after the Court sustained Defendants' demurrer to Plaintiff's Third Amended Complaint in its entirety, without leave to amend, thereby disposing of Plaintiff's remaining causes of action. It is axiomatic that a party is permitted to recover reasonable attorney fees, when authorized by contract, statute, or law, pursuant to Code of...

Excerpt: ...eging the following: 1. FEHA Discrimination 2. FEHA Retaliation 3. Failure to Provide Reasonable Accommodation 4. Failure to Engage in Interactive Process 5. Failure to Prevent Discrimination, Harassment, or Retaliation 6. Wrongful Termination in Violation of Public Policy 7. Constructive Termination. Meet and Confer The parties satisfied the meet -and -confer requirements. (Decl. Miller, ¶¶ 2 to 4; Code. Civ. Proc., § 430.41; Code Civ. Proc.,...

Excerpt: ...rative Third Amended Complaint (TAC) against Defendants Soulie Elkarake, Kooly Solar Energy LLC (Kooly), Great Energy Solar Solution LLC (Great Energy LLC), Great Energy Solutions Inc. (Great Energy Inc.), and Does 1-20, alleging the following causes of action: (1) intentional misrepresentation, (2) concealment, (3) constructive fraud, (4) breac h of contract, (5) unjust enrichment, (6) breach of the covenant of good faith and fair dealing, and (...

Excerpt: ... Jon Teiber, Michael Katcher, a nd DOES 1-10. No proof of service has been filed as to Defendants David Bugliari, Jon Teiber and Michael Katcher . No trial date has yet been set. Instant Pleading Defendant Creative Artists now demurs to the entire Complaint on the grounds that all claims are barred by the statute of limitations. Decision Defendant Creative Artists' Request for Judicial Notice is DENIED. The attachment of another lawsuit, and the ...

Excerpt: ...emurs, per Code of Civil Procedure § 430.10(e) to the fifth cause of action in the Complaint on the grounds that there are no facts sufficient to support that cause of action against Defendant GM. Decision The demurrer is SUSTAINED, with 45 days leave to amend . Fifth Cause of Action: CLRA Civil Code § 1770 provides in relevant part as follows: “(a) The unfair methods of competition and unfair or deceptive acts or practices listed in this sub...

Excerpt: ...ed 30 days leave to amend. The court sets a Non-Appearance OSC RE: Amended Complaint for May 3, 2024, at 8:30 a.m. The Case Management Conference is taken off calendar. Defendant to give notice. BACKGROUND On July 18, 2023, Anthony Wheaton pka Sir Jinx (“Plaintiff”) filed a Complaint against Grand Hustle Records, LLC (“Hustle”); Roc Nation, LLC (“Roc Nation”), and Does 1 to 50. The Complaint alleges four causes of action: (1) breach o...

Excerpt: ...ntiff”) filed a complaint against defendants YHALLTOGETHER, Inc. (“YT”), Young Hee Seo (“Young”) and Does 1-50 (“Defendants”) alleging three causes of action for (1) conversion, (2) retaliation, and (3) w rongful termination. Young is YT's CEO and CFO. (Compl., ¶ 3.) In late September or early October 2023, Plaintiff began working as a cashier at a restaurant owned by Defendants. (Compl., ¶ 11.) Plaintiff alleges that was subject ...

Excerpt: ...ephen R. Hofer Law Corporation d/b/a Aerlex Law Group; Aerlex Tax Services, LLC; and Aerlex Tax Services, LLP (“Plaintiffs”) brought suit against Defendants Vicky Boladian and Boladian Aviation Law Group, APC (“Defendants”) alleging thirteen causes of action: (1) breach of contract – settlement agreement; (2) breach of contract – operating agreement and buy -sell agreement; (3) breach of implied covenant of good faith and fair dealing...

Excerpt: ...sets a Non-Appearance OSC Re: Lee's Answer for April 30, 2024, at 8:30 a.m. Defendants to give notice. BACKGROUND On October 10, 2023, Kevin Kim (“Plaintiff”) filed a Complaint against Bruce Haebong Lee (“Lee”); Seven Seung Woo Bae (“Bae”); Masters Realty Group, Inc. (“MRG”); Masters Realty & Investment (“MRI”) (a corporation); Masters Realty & Investment (a business) ; and Does 1 – 50.) The operative Complaint alleges three...

Excerpt: ... dispute. Plaintiff Daryl G. Crouse (Plaintiff or Crouse) alleges he was discriminated against and ultimately terminated from his position as an attorney at Defendant eAccidents, APC (Defendant or eAccidents) based on his religion and for reporting Defendant Avi E. Muhtar's harassing behavior. On October 2, 2023, Plaintiff filed a Complaint for (1.) wrongful termination, (2.) retaliation under Labor Code section 1102.5, (3.) religious discriminat...

Excerpt: ...rofessional negligence. On September 25, 2023, Defendant filed this demurrer. The demurrer targets the second cause of action for fraudulent concealment. 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 alle...

Excerpt: ...ke Punitive Damages Respondent: Plaintiffs Alicia Olivares, Stephanie Watkin, Amaris Violet Gutierrez, Abel Valentino Gutierrez, and Angelina Victoria Gallegos TENTATIVE RULING Defendants Kiewit Corporation, Kiewit-Parsons, Kiewit Infrastructure West Co., and Parsons Construction Group, Inc.'s Demurrer to Plaintiffs' First Amended Complaint and Motion to Strike Punitive Damages are CONTINUED to a date to be determined at the hearing in Department...

Excerpt: ...”) demurs to Plaintiff Marcus Briggans' (“Briggans”) (“Plaintiff”) first amended complaint (“FAC”). (Notice of Demurrer, pgs. 1-2; C.C.P. §§430.10(e), (f), 430.50(a).) Talan also moves to strike portions of the FAC. (Notice of MTS, pgs. 1 -3; C.C.P. §§435, 436.) Meet and Confer Before filing a demurrer, the demurring party must meet and confer in person, by telephone, or by video conference with the party who filed the pleading ...

Excerpt: ...eidos Entities The Leidos entities demur on the basis that plaintiff does not allege sufficient facts showing they employed her. An “employer” includes “a person who ‘exercises control over the wages, hours, or working conditions' of a worker.” (Duffey v. Tender Heart Home Care Agency, LLC (2019) 31 Cal.App.5th 232, 246.) Under FEHA, multiple entities may be liable as “joint employers” ( Vernon v. State of California (2004) 116 Cal....

Excerpt: ...able Plaintiff to file a Code- compliant opposition brief, hearing date to be discusse d (2) CONTINUE D for the same reaso n I. BACKGROUN D On May 3, 2023, Plaintiffs, O.R. Barkhordar D.D.S., Inc., Omid Rabi Barkhordar D.D.S., Inc., and O.H. Barkhordar Dental Group, Inc. (collectively, “Plaintiffs”) filed a Complaint against Defendant, Cristina Ricalday, and DOES 1 through 100 . On January 4, 2024, Plaintiffs filed a First Amended Complaint (...

Excerpt: ...ruled. The Motion to Strike is granted with leave to amend regarding punitive damages. This is a personal injury action involving exposure to toxic silica, metals and other fibrogenic substances. Plaintiff Oscar Alvarado Ortiz (Plaintiff) sued Defendant Architectural Surfaces Group, LLC and 48 other defendants for injuries Plaint iff allegedly sustained while working “in Los Angeles County, cutting, grinding, drilling, edging, and polishing gra...

Excerpt: ...efendants Does 1 to 25 1 for injuries arising from a trip and fall on a pothole in a parking lot. Plaintiff filed amendments to complaint naming Denshaz, Inc. (“Denshaz”) as Doe 1, MJH, LLC as Doe 2, Benjamin Hops as Doe 3, Goodrich And Hops Properties West as Doe 4, Benjamin Hop s50 as Doe 5, Frieda Investments, LLC as Doe 6. On April 26, 2023, Denshaz filed its Answer and a cross -complaint against Goodrich and Hops Properties West, and Roe...

Excerpt: ...he face of the pleading or via proper judicial notice. ( Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the f...

Excerpt: ...NED WITHOUT LEAVE TO AMEND. 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, opposition, and reply. BACKGROUND Plaintiff Marion Martinez filed the operative Second Amended Complaint on December 18, 2023, alleging violations of Labor...

Excerpt: ... is the owner of Maroon Society Inc. (“Maroon”). Maroon has assigned its claims to Celious. (Second Amended Complaint (“SAC”) ¶14.) Maroon is in the business of pr oviding data compilation, analysis and strategic services for both private and public sector entities. ( Id. ¶21.) Maroon engaged in a competitive bid process for two different projects for Defendant City of Los Angeles (the “City”). It was not chosen for either project. ...

Excerpt: ...f”) and defendant Terry McElroy (“Defendant” and, together with Plaintiff, “Parties”) entered into an agreement through which Defendant assigned his rights in certain liens on patients to Plaintiff. (Complaint p. 2.) On March 7, 2022, Defendant told Plaintiff that the agreement was not valid. (Ibid.) On August 17, 2022, Plaintiff initiated this lawsuit by filing a complaint alleging a cause of action for breach of contract. On October 2...

Excerpt: ...ESPONDING PARTY: Defendant Centaurus Financial, Inc. (“Defendant”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of alleged mishandling of Plaintiffs' investment property. The currently operative second amended complaint (the “SAC”) alleges: (1) breach of fiduciary duty; (2) California financial elder abuse; (3) Illinois financial elder abuse; (4) breach of contract; (5) breach of impl...

Excerpt: ... Motta (“Motta”) (“Plaintiff”) moves for an order permitting her to conduct limited discovery related to Defendants Estrella Radio Broadcasting of California LLC's and Estrella Media, Inc.'s (collectively, “EMI”) (collectively, “Defendants” ) special motion to strike portions of Plaintiff's Complaint. (Notice of Motion, pg. 2; C.C.P. §425.16(g); Balla v. Hall (2021) 59 Cal.App.5th 652, 692 -693.) Background Plaintiff filed her op...

Excerpt: ... Inc. (“Modern HR”); and Amanda Moore (“Moore”). All of the defendants except CPE and Modern HR filed a motion to compel arbitration on May 31, 2023, and CPE and Modern HR filed a notice of joinder on June 1, 2023. Plaintiff opposed the motion, which the Court granted on August 17, 2023, and the Court stayed the case. Notwithstanding the stay, Plaintiff's counsel named six more defendants to this case on September 18, 2023. Then, Plaintif...

Excerpt: ...at 344 S. Rexford Drive #6, Beverly Hills, California 90212 (the “Premises”). Plaintiff Miriams Well, LLC is the Landlord. The parties signed an “Unlawful Detainer Stipulation and Judgment”. The stipulation provided for judgment of $42,600 which was subject to partial waiver if Tenants made timely payments of (1) $7,200 on July 20, 2023, (2) $7,200 on September 20, 2023, and (3) an additional $200 per month for 12 months beginning October...

Excerpt: ... 04/03/23: Dismissal pursuant to settlement. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a wage and hour action. Plaintiffs allege that they were not adequately compensated for overtime nor provided meal or rest breaks. Plaintiffs move to enforce a settlement agreement. TENTATIVE RULING: Plaintiffs' Motion to Enforce Settlement is GRANTED. Judgment is entered this date for Plaintiffs and against Defendant J.D. Meints in the amount of ...

Excerpt: ... Plaintiff to Compel Responses to Special Interrogatories, Set Two, from Defendant and for Sanctions. TENTATIVE RULING The Court DENIES Plaintiff's motions to compel responses. The Court DENIES Plaintiff's requests for monetary sanctions. Defendant Hassan Hashemian is ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND This is a breach of contract action. On July 20, 2021, plaintiff Michael Hashemian (...

Excerpt: ...023, Plaintiff, Vivienne Halston (“Plaintiff”) filed a Complaint against Defendant, Victor Ortiz, Ashish Lal, and Esa Management, LLC. The Complaint alleges causes of action for: (1) Breach of Contract; (2) Fraud; and (3) General Negligence. On January 2, 2024, this Court sustained the demurrer to all causes of action, and allowed Plaintiff twenty (20) days leave to amend. Defendant, Victor Ortiz (“Ortiz”) notes that Plaintiff was properl...

Excerpt: ... Trial was initially set for June 13, 2022. In May 2022, on Defendants' ex parte application, and over Plaintiff's objection, trial was continued to April 5, 2023. In December 2022, on the stipulation of the parties, trial was continued to July 21, 2023. In May 2023, on the stipulation of the parties, trial was continued to September 21, 2023. In August 2023, on Defendants' ex parte application, and over Plaintiff's objection, trial was continued...

Excerpt: ...on to continue the trial, to be heard on March 26, 2024. On March 4, 2024, Plaintiff filed notice of non- opposition. Trial is currently scheduled for April 29, 2024. PARTY'S REQUEST Defendant asks the Court to continue the trial to October 29, 2024 or the next available date. LEGAL STANDARD A. Request to continue trial California Rules of Court, rule 3.1332 provides: “(a) Trial dates are firm “To ensure the prompt disposition of civil cases,...

Excerpt: ...y may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc., § 2030.290, subd. (b).) In addition to the limited number of interrogatories that may be propounded, a party may propound “a supplemental interrogatory” to obtain later -acquired information on¿matters covered¿by earlier interrogatories (but not on other topics). (Code Civ. Proc., § 2030.070(a).) The statute contains no time limit for a motion to c...

Excerpt: ...imited liability company; KATHY SMITH, an individual; and ROES 1 through 200, inclusive, Cross -Defendants . Case No.: BC701226 Hearing Date: 3/26/24 Trial Date: N/A [TENTATIVE] RULING RE: Plaintiff/Cross -Defendant St. Andrew's Pharmacy, LLC's Motion for Order Compelling Responses to Judgment Creditor Special Interrogatories and for an Award of Sanctions; and Plaintiff/Cross-Defendant St. Andrew's Pharmacy, LLC's Motion for Order Compelling Resp...

Excerpt: ... Antonio Regla and Antonio's Trucking, Inc. for injuries arising from a motor vehicle incident. The trial date is currently set for September 17, 2024. On March 1, 2024, Plaintiff filed the instant motion to reopen discovery for the limited purpose of expert discovery to track with the current trial date. Defendant Antonio Regla dba Antonio Trucking, erroneously sued and served as Antonio Regla, and Anton io's Trucking, Inc. (“Defendant...

Excerpt: ...air business practices in her 147 -page complaint. It is unclear from the FAC specifically what allegations are being made and what specific damages are being sought. Plaintiff attached photographs of patient file s and attic space, as well as text messages, 30 pages in total, to the FAC. Via the original complaint, filed 3/10/23, plaintiff sought $170 for unreimbursed parking/cell phone charges. She sought $100 in alleged unpaid wages, $62 for f...

Excerpt: ...Y: Defendant Allied Physicians of California, PMC (“Defendant”) The Court has considered the moving and opposition papers. BACKGROUND On June 8, 2022, Plaintiff filed the operative Complaint in this case against Defendant Allied Physicians of California, PMC dba Allied Pacific IPA, erroneously sued and served as Allied Pacific IPA (“Defendant”) and DOES 1 through 10, inclusive for: (1) General Negligence; (2) Humiliation; and (3) Emotiona...

Excerpt: ...arty: None. Motion to Seal The Court considered the moving papers. The motion is GRANTED. 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. On November 13, 2023, De...

Excerpt: ...Plaintiff”) contends this motion is untimely, “a default judgment entered against a defend ant who was not served with a summons in the manner prescribed by statute,” thus failing to establish personal jurisdiction over the defendant, “is void.” (Dill v. Bernquist Construction Co. (1994) 24 Cal.App.4th 1426, 1444.) Pursuant to Code of Civil Proc edure section 473, subdivision (d), the Court may “set aside any void judgment or order,�...

Excerpt: ... a wrongful termination and employment discrimination action. Plaintiff alleges that Defendants refused to accommodate Plaintiff for a work -related injury and terminated her for pursuing accommodations. Defendant OSI Staffing, Inc. moves to set aside the default entered against it under Code of Civil Procedure section 473.5. TENTATIVE RULING: Defendant OSI Staffing, Inc.'s Motion to Set Aside Default is GRANTED. Defendant is ordered to file and ...

Excerpt: ...r Plaintiff SoCal Lien Solutions, LLC (“Plaintiff”) filed this breach of contract action against BDB Properties (“Defendant”), based upon having been assigned the claim, per Civil Code section 954. The Court incorporates its minute orders of March 23, 2021, and September 29, 2023, by reference and includes the relevant details in this order. Plaintiff filed this action on August 8, 2019. The summons and original complaint were served on �...

Excerpt: ...ntiff has not shown any extrinsic fraud. “Extrinsic fraud occurs when a party is deprived of the opportunity to present a claim or defense to the court as a result of being kept in ignorance or in some other manner being fraudulently prevented by the opposing party from fully participating in the proceeding.” ( County of San Diego v. Gorham (2010) 186 Cal.App.4th 1215, 1228 –1229.) Plaintiff's motion refers to various potential frauds, such...

Excerpt: ...cability of the original lease's termination provisions in accordance with the briefing schedule set by the court. BACKGROUND This is a breach of contract action arising from a series of sublease agreements. Defendants Cups (DE) LP (Cups) and Wadd -II (TN) LP (Wadd) are alleged to be the owners of a commercial property in the City of Industry. Since 2001, Defendant Novolex Holding s, LLC (Novolex) allegedly rented the City of Industry property fr...

Excerpt: ...ing from an automobile incident. The complaint sets forth a single cause of action for negligence, and includes a prayer for punitive damages. Defendant now moves to strike the prayer for punitive damages and any and all reference to punitive or exemplary damages. Any opposition was due on or before March 13, 2024; the motion is unopposed. II. MOTION TO STRIKE 1. Meet and Confer Before filing a demurrer and motion to strike, the demurring and mov...

Excerpt: ...cable Living Trust (“Tuggle”), and Robert Conrad; and Responding Party: None Demurrer without Motion to Strike to Cross- Complaint The court considered the moving papers. No opposition has been filed. The court OVERRULES in part Cross-Defendants' demurrer to the first through fifth causes as moot and SUSTAINS in part the demurrer as to the sixth, seventh, eighth, tenth, and eleventh causes of action. Kamath is granted leave to amend only as t...

Excerpt: ...ourt considered the moving papers filed in connection with this motion. No opposition papers were filed. DISCUSSION Plaintiff JG Concepts Inc. (“Plaintiff”) moves the court for an order (1) striking the answer filed by defendant Jeremy Mathiason (“Defendant”) and entering his default, and (2) awarding monetary sanctions in favor of Plaintiff and against Defendant in the amount of $1,635. Plaintiff moves for this relief on the ground that ...

Excerpt: ...ems proper: (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. (Code Civ. Proc., § 436; Stafford v. Shultz (1954) 42 Cal.2d 767, 782.) Punitive damages may be recovered upon a proper showing of malice, fraud, or oppression. (Code Civ. Proc., § 3294.) “Malice” ...

Excerpt: ...s (“Rios”). Plaintiffs presents: (1) Dr. Fu was informed by Rios that the baby did not have a fetal heart tone and had died in utero and was in breach with his feet; (2) Fu began to deliver the baby in a negligent manner causing the head of the baby to become entrapped and detached; (3) the delivery was such that the baby was delivered with the decapitated head remaining within Flores; (4) Dr. Fu presented the body of the baby to Flores witho...

Excerpt: ... or its predecessor in interest. Defendant failed to make periodic payments and now owes over $68,000. Plaintiff moved for entry of d efault judgment, which the Court granted on July 17, 2023. This hearing is on Defendant's motion to vacate entry of default judgment. Defendant claims he was not properly served with the complaint and summons, and his physical characteristics do not match the description of the person described in the proof of serv...

Excerpt: ... Plaintiff alleges that his 2022 Tesla Model 3 suffers from widespread defects including: body system, powertrain system, safety system, electrical system, braking syste m, and noise system. Plaintiff alleges the following causes of action: 1. Violation of Civ. Code 1793.2(d); 2. Violation of Civ. Code 1793.2(b); 3. Violation of Civ. Code 1793.2(a)(3); 4. Breach of Express Warranty of Merchantability Under the Song-Beverly Warranty Act; 5. Breach...

Excerpt: ...ffordable Multi -Family, LLC's Petition to Confirm Arbitration Award is granted. Baronet & Co., Inc.'s Petition to Vacate Arbitration Award is denied. Background Victorville/Desert Springs, L.P. and Affordable Multi- Family, LLC (“Petitioner”) filed the petition on November 15, 2023. The underlying dispute involved a settlement agreement in which petitioner was to make certain payments in exchange for respondent's d ismissal of three breach o...

Excerpt: ... 56 MOVING PARTY: Plaintiff Enrique Corral RESPONDING PARTY: None The Court has considered the moving papers. No opposition has been filed. BACKGROUND This is a wrongful termination case. Plaintiff Enrique Corral (“Plaintiff') initiated this action against Defendant Aqua Concepts (“Defendant”) on July 25, 2022. The complaint against the following causes of action against Defendant: (1) discrimination in violation of the California Family Ri...