Excerpt: ...to provide a safe workplace; (4) failure to pro vide a safe workplace; (5) failure to provide a safe workplace; and (6) defamation. On 4/22/2024, Plaintiff moves for reconsideration of this Court's denial of her ex parte application to strike Defendants' MSJ. Discussion Plaintiff seeks reconsideration of the Court's 4/18/2024 denial of her ex parte motion. CCP section 1008 provides that a party may “based upon new or different facts, circumstan...

Excerpt: ...ief based upon a violation of the California Coastal Act. Plaintiff Joseph Roesler, as a taxpayer, alleges that Defendant the City of Los Angeles illegally blocked access to the beach by prohibiting parking along both sides of Vista Del Mar, a road running parallel to Dockweiler Beach from Imperial Highway to Napoleon Street (the “Subject Roadway”). Plaintiff alleges that Defendant acted in violation of the California Coastal Act (“COLA”)...

Excerpt: ...f's purchase of an allegedly defective vehicle. On December 4, 2023, Defendant filed a demurrer and motion to strike. DEMURRER Defendant demurs to the first, second, and third causes of action. A demurrer for sufficiency tests whether the complaint states a cause of action. ( Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte...

Excerpt: ...t. 56 The parties have agreed to settle this action for $365,000. This amount is to be allocated as follows: (1) $121,654.50 for attorneys' fees, (2) $16,202.44 for costs, (3) $6,750 for estimated administration costs, (4) $162,446.62 (75% of the net settlement amount) to the Labor and Workforce Development Agency (“LWDA”), and (6) $54,148.87 (25% of the net settlement amount) in civil penalties distributed to aggrieved employees on a pro rat...

Excerpt: ...ly papers. BACKGROUND This is a lemon law case. On April 23, 2019, Plaintiffs Diana Herrera and Felix Herrera (“Plaintiffs”) filed a complaint against Defendant Kia Motors America, Inc. (“Defendant”) alleging causes of action for: (1) Violation of Subdivision (d) of Civil Code Section 1793.2; (2) Violation of Subdivision (b) of Civil Code Section 1793.2; (3) Violation of Subdivision (a)(3) of Civil Code Section 1793.2; (4) Breach of Expre...

Excerpt: ...torney's fees is GRANTED in the reduced amount of $379,649.25. I. BACKGROUND This is a wrongful termination action arising from plaintiff Rene Martinez's (“Plaintiff's”) employment with defendant Farmers Financial Solutions, LLC (“Farmers”) from February 2015 through March 2018. On January 23, 2019, Plaintiff filed this action's Complaint against defendants Farmers, Steve Klein (“Klein”), and Jimmy Coicoechea (“Coicoechea”). The C...

Excerpt: ... Defendants Georgina Capital, Inc. and Todd M. Smith (“Defendants”). Following Defendants' failure to file a res ponsive pleading, default judgment was entered in Plaintiff's favor on May 20, 2022. (Default Judgment 05/20/22.) The Court awarded Plaintiff attorney's fees with the judgment in the amount of $1,006.74. (Default Judgment, 05/20/22, p. 2:14 -15.) Plaintiff filed a motion to amend judgment on August 28, 2023, which the Court denied ...

Excerpt: ...ants. _______ GREENSPOON MARDER, LLP , Cross -Complainant, v. JEFFREY BERNSTEIN, SUPERIOR EQUIPMENT SOLUTIONS, and ROES 1 -100. Cross -Defendants . Case No.: 19STCV27890 Hearing Date: 5/16/24 Trial Date: N/A [TENTATIVE] RULING RE: Plaintiff and Cross -Defendant Eisner LLP's Motion for Attorneys' Fees. I. Background A. Pleadings 1. Complaint [Eisner LLP] On August 7, 2019, Plaintiff/Cross -Defendant Eisner LLP filed a Complaint alleging claims of ...

Excerpt: ...23, Plaintiff Bahador Mikhak (“Plaintiff”) filed this action against Defendant Christine Snell (“Snell” or “Defendant”) for defamation. The Complaint alleges the following. Snell along with her sister, Julie Skujins (“Skujins”), fabricated a false domestic violence incident against Plaintiff to damage his reputation and to prevent him from gaining custody of his child. (Complaint, ¶ 3.) Skujins is the mother of Plaintiff's child ...

Excerpt: ...al real property. On September 1, 2022, plaintiff Puente Hills Business Center, L.P. (Plaintiff) filed this action against Defendants A211 Incorporation (A211), Jung Il Jang (Jang) (co llectively, Defendants), and Does 1 to 10, alleging causes of action for breach of written lease agreement (as against A211), breach of written guaranty (as against Jang), and for common counts as to all Defendants. Following a non -jury trial on February 23, 2024,...

Excerpt: ...settlement. Background Plaintiff Evi Herrera Orantes (Plaintiff) filed a complaint on behalf of himself, other aggrieved employees, and the State of California, against Defendant International School of Los Angeles – Lycee International De Los Angeles (Defendant) for Private Att orneys General Act (PAGA) penalties for that various wage and hour claims. On December 5, 2023, the Court granted preliminary approval of the class and PAGA settlement....

Excerpt: ...effrey Qiuhong Yang (“Plaintiff”). The Court DENIES Defendant's requests for issue and evidentiary sanctions as MOOT. The Court GRANTS Defendant's request for monetary sanctions, subject to argument as to the reasonableness of the hours claimed by Defendant. Background Plaintiff is Defendant's former Chief Financial Officer. Plaintiff alleges that he was terminated in retaliation for his whistleblower complaints. Defendant alleges that it ter...

Excerpt: ...tory relief; and (3) trespass against Defendants Steven A. Kauffman; Janice Kauffman; Wells Fargo Bank, N.A. as Successor Trustee of the Hele n C. Zeff Living Trust, dated September 17, 2007; Lonnie Vidaurri; and Lara Vidaurri, to assert their rights to an easement they allegedly retained on a parcel of undeveloped land (the “Zeff Property”) in connection with their prior sale of the land. Per stipulation and order entered July 18, 2022, Plai...

Excerpt: ...OR ENTRY OF DEFAULT JUDGMENT (filed 3/27/2024) TENTATIVE RULING Defendant's Motion for Reconsideration of Order Denying Motion to Quash Service of Summons, to Compel Binding Arbitration and to Stay Action is DENIED. The Court CONTINUES Plaintiff's request for entry of default judgment to permit Plaintiff the chance to provide further information on its calculation of damages. I. BACKGROUND On January 12, 2023, Plaintiff Employers Choice Online, I...

Excerpt: ... Trust, U/T/I dated September 27, 2012 (“Cross -Defendants”) filed suit against Defendants and Cross - Complainants Scott Miller and Melissa Miller (“Cross -Complainants”) for View Restoration. On April 14, 2016, Cross-Defendant Melissa Miller filed a Notice of Petition for Relief under Chapter 11 of the United States Bankruptcy Code, 11 U.S.C. § 101 and Imposition of Automatic Stay, indicating that she had filed a bankruptcy petition on...

Excerpt: ...n May 21, 2020. On April 25, 2022, Plaintiffs Lee Shai Chiu Wu and Josephine Wu filed a complaint against Defendants GDL Delivery Corp., Rafael Famoso Campos, and Lucio Famoso Campos, alleging causes of action for motor vehicle and general negligence, stemming from a vehi cle collision that occurred on May 21, 2020. On May 23, 2023, these cases were consolidated. On April 4, 2024, Defendants filed this motion for leave to file an amended answer. ...

Excerpt: ...olation of Business and Professions Code, sections 17200 et seq. ; and (3) failure to pay wages due. The Court GRANTS the motion as to Plaintiff's claims for violation of meal and rest breaks and violation of Business and Professions Code, sections 17200. The Court DENIES the motion as to Plaintiff's claim for failure to pay wages. Background Plaintiff filed this action on April 20, 2022 against Defendant Real Time Staffing Servies, LLC d/b/a Sel...

Excerpt: ...July 25, 2023. Plaintiff alleges that Defendants foreclosed on Plaintiff's home without reviewing her loss mitigation applications or contacting her before recording the Notice of Default. Plaintiff moves for leave to file a First Amended Complaint. TENTATIVE RULING: Plaintiff's Motion for Leave to File a First Amended Complaint is DENIED. This ruling is without prejudice to a procedurally proper motion for leave to file an amended or supplementa...

Excerpt: ...anuary 23, 2024, Plaintiff, Karin Friedman (“Plaintiff”) filed a Complaint against Defendants, Anthony Cavuoti, LMFT, Carellon Behavioral Health of CA, Inc., and DOES 1 through 100. The Complaint alleges causes of action for: (1) Professional Negligence; (2) Intentional Infliction of Emotional Distress; and (3) Negligent Hiring. On March 5, 2024, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action for: : (1) Profes...

Excerpt: ...ry liability arising out of a vehicle accident on April 16, 2019, at or near the intersection of Puente Avenue and Merced Avenue in Industry. Defendant filed an answer to the complaint on August 31, 2022. On April 4, 2024, Proposed Intervenor Loya Casualty Insurance Company (“Loya”) filed this motion for leave to intervene and file an Answer-in- Intervention. Plaintiffs filed an opposition on May 2, 2024. No reply has been filed. Legal Standa...

Excerpt: ...agreed to purchase Main Street Gas & Food Mart (the Mart). Defendants, Mohammed Ali (“Ali”) and Eagles Mortgage , Inc. (“Eagles”) collectively “Broker Defendants,” served as agents/brokers on behalf of Plaintiff and Ansari in the purchase of the Mart. Plaintiff Monem alleges that Defendants tricked Plaintiff into signing amended escrow instructions in which the buyer of the Mart would be Defendant, RHDM Oil, Inc. (“RHDM”) instead ...

Excerpt: ... directly proves or disproves the elements of the causes of action pled in Plaintiff's Complaint, pur suant to CCP 2017.020, and/or (2) limiting or restricting the frequency/ extent/number of requests for admissions Plaintiff may utilize, pursuant to CCP 2033.080(a) and CCP 2019.030. Additionally, by this motion, Food 4 Less challenges Plaintiff's declaration of necessity used to justify more than 35 requests for admission under CCP 2033.050, pur...

Excerpt: ...obert Goldston Sr. brings this suit individually and as successor in interest to his mother, Darlene Waters against various medical providers. As relevant here, Plaintiff alleges the UCLA Ronald Reagan Medical Center failed to properly assess and document the progression of a pressure ulcer in Waters' sacral region. (First Amended Complaint (“FAC”), ¶67). Further, according to Plaintiff, his mo ther developed eight additional pressure sores ...

Excerpt: ...Community Clinic, Emma Blandina Trejo, M.D., and Sandra Chu Damiani, M.D. SERVICE: Motion for Reconsideration filed on February 5, 2024; Motion to Strike and/or Tax Costs filed on March 8, 2024 OPPOSITION: Opposition to Motion for Reconsideration filed on May 3, 2024; Opposition to Motion to Strike and/or Tax Costs filed on March 14, 2024 REPLY: None filed as of May 14, 2024 RELIEF REQUESTED Plaintiff moves for an order striking or taxing Defenda...

Excerpt: ... Cross-Complaint is DENIED as MOOT in part (i.e., as to punitive damages) and GRANTED in part (i.e., as to attorney's fees). Background Plaintiff Haha Smart, Inc. (“HSI”) alleges as follows: HSI is a general contractor. On April 8, 2022, HSI entered into a written Solar Home/Building Improvement Agreement (“Agreement”) with Walter Ocheaga (“Ocheaga”), wherein HSI agreed to furnish all labor, materials, and equipment to complete certai...