Excerpt: ...position on April 29, 2024. Discussion “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondent all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” ( Code Civ. Proc., § 1285.) “If a petition or response under this chapter is duly served and filed, the court shall confirm the awa...

Excerpt: ... the moving, opposition, and reply papers. RULING The motion is GRANTED IN PART and DENIED IN PART. The motion is GRANTED as to filing an amended complaint as to the proposed second and third causes of action and DENIED as to adding the proposed fourth cause of action against Hyatt Corporation. Plaintiff is ordered to file a First Amended Complaint within ten days. BACKGROUND On August 16, 2023, plaintiff Gary R. Herron, II filed a complaint agai...

Excerpt: ...ty of habitability in providing apartments with mold, plumbing issues, and intermittent hot water. Before the Court is plaintiffs' motion to determine the good faith of the settlement between Plaintiffs Julio Santos Mayorga, Heidy Santos Soto, Elisama Santos Soto and Ruth Santos Soto and Defendant 7055 Coldwater Canyon Avenue LLC. Plaintiff filed this m otion on February 27, 2024. Defendant Shind LLC filed an opposition on April 17, 2024. Plainti...

Excerpt: ... to compel arbitration is granted and the action stayed. SUMMARY OF ACTION On January 30, 2018, Defendant RAF Development LLC (RAF), the Seller of the property at issue in this case, entered into a Residential Purchase Agreement with Plaintiffs Shawn Thursby -Palmer and Benjamin Thursday (Plaintiffs). Around the time of the sale o f the property, RAF, Defendant Horizon Underpinning (Horizon), and Glenn E. Farmer (Farmer) had just completed extens...

Excerpt: ...oyed as Cafeteria Manager IIs with Defendant ABC Unified School District (“ABC School District”). In this case, Plaintiffs allege that ABC School District paid them less than other male employees in similar jobs, and Plaintiff Montenegro alleges that ABC School District discriminated against her based on her disability (torn meniscus in her left knee) and refused to reasonably accommodate her disability. Plaintiffs' FAC alleges claims against...

Excerpt: ... the (corrected) SAC within five days. BACKGROUND On June 7, 2023, plaintiff Michael Ward filed a complaint against City of Torrance and Eino Jussila Pentti for motor vehicle negligence. It is missing the cause of action attachment to the form complaint. On September 12, 2023, plaintiff filed a FAC alleging an incident that occurred on June 9, 2022 at Torrance Blvd. and Madrid Ave. LEGAL AUTHORITY CCP § 473(a)(1) provides, in relevant part: “T...

Excerpt: ...1) quiet title; (2) cancellation of written instrument based upon fraud; (3) cancellation of written instrument based upon non -delivery; (4) recission; (5) slander; (6) fraud; (7) violation of California Business and Professions Code; (8) declaratory relief; and (9) injunctive relief. On 1/17/2024, Plaintiff moved for leave to amend a second amended complaint (SAC). Discussion Plaintiffs seek leave to amend to clarify their allegations. In its r...

Excerpt: ...ion. Plaintiff filed a Fourth Amended Complaint on February 9, 2022 against Defendants Arash Majlessi, Majlessi Corporation, Gloria Center LLC, Kamran Hekmat, United Escrow Co., John C. Lee, and Ian Bhak for (1) rescission, (2) fraud, (3) breach of contract, (4) rescission, (5) breach of duty and gross negligence, (6) breach of duty and gross negligence, (7) fraud, and ( 8) declaratory relief. On November 18, 2022, the court sustained, without le...

Excerpt: ...Counsel Pro Hac Vice for Plaintiffs Janell Hendricksen, et al. TENTATIVE RULING Janell Hendricksen, et al.'s Motion for Leave to File First Amended Complaint is granted. Conor Flynn and David William Terry's Applications to Appear as Counsel Pro Hac Vice for Plaintiffs Janell Hendricksen, et al. are denied without prejudice. Background Plaintiffs' Complaint was filed on March 20, 2023. Plaintiffs allege the following facts. Plaintiffs' decedent, ...

Excerpt: ...roposed judgment within 10 days after the date of this order. The case is closed. Defendant Maultsby's motion to change venue is DENIED as moot. Moving party to provide notice. FACTUAL BACKGROUND This is an action for unlawful detainer. Plaintiff alleges that on May 9, 2023, it acquired the subject property and unit at a trustee's sale after Maultsby defaulted on a loan secured by the property. (Compl., ¶9.) Defendant remains in possession of th...

Excerpt: ...Jorge Giraffe and Does 1 to 50 for injuries arising from a motor vehicle collision. On March 23, 2022, Plaintiff filed an amendment to complaint naming George Graf (“Graf”) as Doe 1. On July 7, 2022, Graf filed his Answer to Plaintiff's complaint. On February 20, 2024, Plaintiff now seeks leave to file a First Amended Complaint (“FAC”) to correct a typographical error on the case caption. Plaintiff argues the Doe amendment to add Graf was...

Excerpt: ... terminal cancer due to toxic emissions from Plant and died by suicide on February 5, 2021. On February 6, 2023, Plaintiff, apparently as an individual, filed a Complaint against Quemetco, Inc. and nine other defendants. On February 24, 2023, the case was ordered reassigned from Department 11 to the instant department. On August 16, 2023, Plaintiff filed five “Amendment[s] to Complaint,” wherein Quemetco West, LLC (“Quemetco West”) was na...

Excerpt: ...uesting accommodation. Plaintiff alleges that she was falsely accused of sexual harassment as a pretext to terminate her. On March 21, 2024, Defendant filed the instant motion for a protective order absolving it of the obligation to respond to certain discovery requests to the extent they seek the personal information of any employee who observed, was subjected to, or reporte d sexual battery against Plaintiff. (Notice of Mtn. 2:4-9.) Alternative...

Excerpt: ...behalf of her brother, Pablo Alvarado, as his successor-in- interest. Plaintiff alleges Pablo Alvarado died as a result of the reckless neglect and misconduct of Defendants while a resident of Vernon Healthcare Center. Plaintiff now moves for evidentiary, monetary, or terminating sanctions against Defendant Vernon Healthcare Center for misuse of the discovery process. Defendant opposed. TENTATIVE RULING: Plaintiff's Motion for Sanctions is DENIED...

Excerpt: ...ntiff alleges that he rented a unit from Defendant and paid a $15,000 security deposit which was supposed to be returned upon termination of the tenancy. Plaintiff alleges that Defendant improperly applied expenses against the deposit, resulting in nothing being returned to Pla intiff. Plaintiff alleges that this amounts to theft of the security deposit. On January 5, 2023, Defendant Culver filed a cross -complaint against Plaintiff, Sachin Tejas...

Excerpt: ... Court has considered the moving papers. No opposition has been received. BACKGROUND Plaintiff initiated this eminent domain action on November 18, 2022 against Defendants Center Int'l Investments Inc. (“CII”), S.B.S. Trust Deed Network, County of Los Angeles, and all persons unknown claiming any right, title, estate, lien, or interest in or to the property sought to be condemned. As alleged in the complaint, Plaintiff seeks to acquire the re...

Excerpt: ...Mercedes -Benz USA, LLC (“Mercedes -Benz”) (“Defendant”). (Notice of Motion, pg. 1; Civ. Code §§1794(d), 1780(e).) Background This is a lemon law action brought under the Song -Beverly Consumer Warranty Act (“Song - Beverly Act”). Plaintiff accepted Defendant's C.C.P. §998 offer of compromise (“998 Offer”) on May 4, 2023, in the amount of $20,000.00 plus attorney's fees, costs, and expenses by motion. (P -COE, Exh. 1.) On Augus...

Excerpt: ..., individually and as Trustee for the Eisler Family Living Trust; Eisler Investments; West End Properties; Robert Sundeen; Carole Sundeen; and Dustin Wells. MOTIONS Plaintiff Yazmin Ortiz (“Plaintiff”) demurs to and moves to strike the first amended answer (“FAA”) filed by Defendants Rudy Eisler, individually and as trustee for the Eisler Family Living Trust; Steven Eisler individually and as Trustee for the Eisler Family 2000 Living Trus...

Excerpt: ... Summary Adjudication as to RD Construction, Inc. TENTATIVE RULING Atkinson and Associates' Motions for Summary Adjudication are denied. Background Plaintiff filed the Complaint on September 3, 2019. Plaintiff alleges the following facts. This matter involves contractual and construction defect related claims arising from a multi- family development project located at or about 8740 La Tijera Blvd. (“Pr oject”) owned by 8740 La Tijera Blvd. LA...

Excerpt: ...laintiff”), Saul Gonzalez Arreola, and Eva Gonzalez Arreola filed this action against def\ endant Li Cui (“Defendant”), among other medical professionals, arising\ from the death of Jorge Gonzalez (“Decedent”). On January 10, 2024, Defendant filed this demurrer to Plaintiff's Third Cause of Action for negligent inflictio\ n of emotional distress (“NIED”). Defendant argues that the NIED claim fails to\ state facts sufficient to const...

Excerpt: ...on for a Court Judgment by default. The proposed money judgment is for over $6 Million and against Defendant Harbor Green Grain, LP, and separately against other defendants as well based on the same evidence. Plaintiffs' evidence submitted in support of the claimed default judgments as to each of the defaulting defendants is the Declaration of Qiandai Zhao, who asserts she is the owner of LAT Group Inc. The evidence is insufficient for the Court ...

Excerpt: ...1-1992, when Jane Doe AH was 13 and Jane Doe KC was 15. The abuse occurred in both Mexico and California, while the Doe plaintiffs were backup singers and dancers for Defendant Trevi, a Mexican popstar. There are two cross -complaints in this action. Defendant Trevi brought a cross- complaint against Sergio Andrade, Jane Does KC 1 and AH 2, Jane Roe JP 1 and Conexiones Americanas. As to Jane Doe KC 1, Trevi alleges that KC 1 aided and abetted And...

Excerpt: ...sory Note 4. Breach of Guaranty 5. Breach of Implied Covenant of Good Faith and Fair Dealing 6. Judicial Foreclosure of UCC -1 Lien 7. Interference With Contract 8. Accounting 9. Declaratory Relief RULING : The demurrer is overruled as to the 1 st, 7 th and 9 th causes of action and sustained without leave to amend as to the 5 th cause of action. Answer is due within 30 days. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of the sal...

Excerpt: ...ligence, and the third COA for gross negligence. Plaintiff's opposition was due April 18, 2024 and none was filed. Procedure Despite the demurrer citing to three separate COAs, Plaintiff's Complaint only alleged a single COA for general negligence. The Court reviewed the Complaint and the Demurrer based upon the express allegations made in the Complaint (i.e., a single COA for general negligence). The Court noted that Plaintiff alleged within the...

Excerpt: ...l Detainer Complaint OPPOSITION: 18 April 2024 REPLY: 14 April 2024 TENTATIVE: Defendants' demurrer is sustained without leave to amend. The action is dismissed. Moving party to give notice. BACKGROUND On December 21, 2023, Quetzal Salcido as administrator of Patricia Salcido -Alvonistis's Estate (“Plaintiff”) filed an Unlawful Detainer (UD) Complaint against Eric Martirosyan and E & E Ristorante Group, Inc. (collectively “Defendants”). O...

Excerpt: ... the cause of action under Title 42, United States Code, Section 1983 for the reason set forth below. Plaintiff must file a first amended complaint within 20 days after the date of this order. In the amended complaint, Plaintiff must address the issue of the capacity in which Defendant Crosby is being sued as discussed below. Moving party to provide notice. FACTUAL BACKGROUND This is an action alleging law enforcement officer misconduct. Plaintif...

Excerpt: ...ather than in person due to the COVID-19 pandemic. This is a lemon law matter. Defendant Ford Motor Company demurs to the Complaint's sixth cause of action for concealment for failure to state sufficient facts. When considering demurrers, courts read the allegations liberally and in context, and “treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” ( Serrano v. Pr...

Excerpt: ...R STREET LENDING FUND IV SPE, LLC'S MOTION TO STRIKE PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT Background Plaintiff Denise Wheeler (“Plaintiff”) filed this action on September 21, 2023 against Defendant Center Street Lending Corporation. Plaintiff filed the operative First Amended Complaint (“FAC”) on January 8, 2024 against Defendants Center Street Lending Corporation and Center Street Lending Fund IV SPE, LLC (jointly, “Defendan...

Excerpt: ...r 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 factual basis for the claim against h...

Excerpt: ...legal issue is identical for the parties, the court issues this ruling as to each of the separately filed demurrers. BACKGROUND Plaintiff filed the Complaint on September 29, 2022. After the parties met and conferred, Plaintiff's First Amended Complaint was filed on June 2, 2023. After Defendants successfully demurred to the SAC, Plaintiff's Second Amended Complaint was filed on Ja nuary 29, 2024. Plaintiff alleges the following facts. Plaintiff ...

Excerpt: ... to strike punitive damages. The court sustained a demurrer on 12/15/23. The FAC includes new allegations that an arborist opined the vine is injurious to health, and a structural engineering firm opined the hot water eruption caused structural damage to Hill's home. FAC ¶¶ 36 -37. Per Cal. Civ. Code §841(b)(2), “[a]djoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them[,]” a...

Excerpt: ...auses of action with 20 days leave to amend. Defendants' motion to strike is moot as the FAC is subject to demurrer. I. BACKGROUND On May 19, 2023, Plaintiff Timothy Kortenkamp (“Plaintiff”) filed this action. On January 25, 2024, Plaintiff filed a First Amended Complaint against Defendants Anthem Blue Cross Life and Health Insurance Company (“Anthem”) and Elevance Health, Inc. (“Elevance”) alleging the following causes of action: C/A...

Excerpt: ...another student while on campus. [2] On December 28, 2023, Plaintiff Y.O., a minor, and by and through her Guardian Ad Litem, Beatriz P. filed suit against Defendants WALNUT VALLEY UNIFIED SCHOOL DISTRICT (“District”); SUSAN ARZOLA (the “Principal”). On January 30, 2024, Plaintiff filed her first amended complaint (FAC) against the same Defendants for: 1. Negligent Supervision Of Students [Gov. C. §§ 815.2, 815.6, And 820]; 2. Negligent...

Excerpt: ...e fourth cause of action without leave to amend. The motion to strike is MOOT in part and GRANTED with leave to amend in part. Discussion This is a derivative action filed by Plaintiff Steven Liu on behalf of Defendant Saratoga Maintenance Corporation (“Saratoga”). Plaintiff originally pursued this action in his individual capacity, (see Case No. 19STCV25459), and alleged seven causes of act ion against Saratoga, Defendant John Leon, Defendan...

Excerpt: ...(conversion), and Ninth (breach of fiduciary duty) causes of action. The motion is GRANTED with respect to (1) Onni Real Estate IX, LLC; (2) Onni South Hill Limited Partnership; (3) Onni Manhattan Beach Realty, LLC; and (4) Manhattan Beach Holdings, ULC as to causes of action one through 11. The motion is DENIED with respect to the remaining causes of action. The twelfth cause of action also remains as it was not the subject of this motion. Movin...

Excerpt: ...ENTURES INC., a California corporation; COUNG THICH, an individual; 360 ESPINOSA ROAD II, LLC, a California limited liability corporation; CANNABIS STRATEGIC VENTURES, a Nevada Corporation, BENSH ENG LI, a.k.a. BENSON LI, an individual; FONG SIMON YU, an individual; CAXYH LLC, a California limited liability company; CAYPFD LLC, a California limited liability company; CAMYG LLC, a California limited liability company; CAMG LLC, a California limite...

Excerpt: ...TY, et al. (22STCV30371); S HANA ROHANI vs CITY OF BURBANK, et al. (23BBCV00569); CLAUDIA MOGHADDAM, AS SUCCESSOR -IN -INTEREST TO THE ESTATE OF NATALEE ASAL MOGHADDAM, DECEASED, et al. vs THE CITY OF BURBANK, A GOVERNMENTAL ENTITY, et al. (22STCV32125) MOTION FOR SUMMARY JUDGMENT MOVING PARTY : Defendant City of Burbank (the “City”) RESPONDING PARTY : Latese Cherie Whitehead, Claudia Moghaddam, Shana Rohani, Nicole Richardson, Calvin Johnson...

Excerpt: ...Group, Inc.; Sierra Medical Group, Inc.; and Coastal Communities Medical Group, Inc. OPPOSING PARTY Plaintiff CEP America -California MOTION Defendants Heritage Provider Network, Inc; Regal Medical Group, Inc; Lakeside Medical Organization, a Medical Group, Inc.; Oasis Independent Medical Associates, Inc.; Desert Medical Group, Inc.; High Desert Medical Corporation, a Medical Group; Affiliated Doctors of Orange County Medical Group, Inc.; Sierra ...

Excerpt: ... Trial: June 14, 2024 MOVING PARTY: Defendants Roberto D. Banuelos and Revel Management Group, LLC RESPONDING PARTY: Plaintiff Hugo Villasenor individually and derivatively on behalf of Revel Management Group, LLC The Court has reviewed the moving, opposition and reply papers. BACKGROUND This action arises out of a claim by Plaintiff that he has an ownership interest in Defendants' business. The currently operative first amended complaint (the �...

Excerpt: ...endant Stylenquaza LLC (3) Shane Coons (Shane E. Coons, A Professional Law Corp.) for Specially Appearing Defendant Guidoni USA Inc. (1) MOTION TO QUASH SERVICE FOR LACK OF PERSONAL JURISDICTION (filed 10/13/2023) by Specially Appearing Defendant Cosentino Group, S.A. (2) MOTION TO QUASH SERVICE FOR LACK OF PERSONAL JURISDICTION (filed 12/04/2023) by Specially Appearing Defendant Stylenquaza LLC (3) MOTION TO QUASH SERVICE FOR LACK OF PERSONAL JU...

Excerpt: .... On January 31, 2024, Plaintiff filed a proof of service showing Defendant was served with the Summons and Complaint by substituted service on January 26, 2024. Plaintiff's registered process server served Defendant's co -occupant “Sara Lobos” mailbox at 18 718 Ambler Ave, Carson, CA 90746 - 2125 (the “Residence”) and mailed the Summons and Complaint to the same address. Defendant discovered the Summons and Complaint in his mailbox on Ja...

Excerpt: ... Complaint against Defendant Leonard Fenton (“Fenton” and “Defendant”) for (1) Harassment [Gov. Code § 12940(j)], (2) Wrongful Termination in Violation of Public Policy, ( 3) Intentional Infliction of Emotional Distress, (4) Misclassification as Independent Contractor, (5) Failure to Compensate for All Hours Worked, (6) Failure to Pay Overtime Wages, (7) Unpaid Minimum Wages, and (8) Failure to Provide Breaks. This action arises from Pla...

Excerpt: ...ed a stipulation for entry of judgment, indicating that the parties had settled, which is why Plaintiff dismissed the action, but Defendant had stopped making payments pur suant to the settlement. On February 15, 2024, the Court issued a Minute Order, declining to act on the stipulation on the basis that the voluntary dismissal of the entire action deprived the Court of the authority to do so. Plaintiff now moves to set aside the dismissal withou...

Excerpt: ...ict (the “District” or “Petitioner”) terminated Jose Martinez (“Martinez”), who worked as a security guard at the school, after he failed to comply with a resolution mandating all Distric t employees be vaccinated against Covid-19 by October 15, 2021. Martinez appealed his termination to the Personnel Commission of the District. Following a hearing, the Personnel Commission adopted the recommendation of the hearing officer and ordered...

Excerpt: ...0 days leave to amend. Plaintiffs Larisha Perkins (“Perkins”) and Isaiah Sampson (“Sampson”) (collectively, “Plaintiffs”) move unopposed to strike Defendants SBDTLA 1, LLC's; SBDTLA 2, LLC's; SBDTLA 3, LLC's; SBDTLA 4, LLC's; and Greystar California, Inc.'s (collectively, “Answering Defendants”) answer (“Answer”) to Plaintiffs' Complaint, or in the alternative, strike portions of the Answer, specifically, portions claiming Pla...

Excerpt: ...leges Defendant Jain is the CEO of Bridg, Inc., and Plaintiff DailyGobble held a sizeable number of shares in Brid g. Defendant Jain approached Plaintiff about a potential sale of its shares, and falsely represented that the shares were worth no more than $0.75 each. At the same time, Defendant was negotiating a sale of Bridg in a transaction that would represent a substantial premium from the valuation Jain disclosed to DailyGobble. In reliance ...

Excerpt: ...not show proper service of the second amended answer. Vydrug provides no authority for striking an answer because it was not served properly. Moreover, Vydrug specifically addresses “evidence of service” and a defect in the “Declaration of Service.” (Motion, p. 15.) Vydrug has a copy of the second amended answer. Whether the proof of service is erroneous or false makes no difference. B. Verification Vydrug argues defendants' verifications...

Excerpt: ...ests for judicial notice are granted . Summary of Pleadings Plaintiff AMG & Associates, Inc. (AMG)'s operative first amended complaint alleges defendant LAUSD breached five contracts. LAUSD filed a cross -complaint against AMG alleging five causes of action for breach of the same contracts, a sixth cause of action for declaratory relief against AMG, and a seventh cause of action for declaratory relief against Travelers as AMG's surety. Right to T...

Excerpt: ...OCEDURE § 170.6 CHALLENGE TO JUDGE COCHRAN Order to Show Cause re why the court should not, on its own motion, (1) reconsider and vacate Judge Cochran's March 5, 2024 order accepting plaintiff/relator Newton W. Kellam's March 4, 2024 Code of Civil Procedure section 170.6 challenge against Judge Coc hran and reassigning this matter to Judge Robert B. Broadbelt in Department 53 for all further proceedings, and (2) issue a new order denying plainti...

Excerpt: ...n (“Arbitrator Burstein”) issued an arbitration award in favor Petitioner Directors Guild of America, Inc. (“Petitioner”) and against Respondents Bontempo Productions, LLC (“Bontempo”), Cayman Filing Holdings Lim ited (“Cayman”), CAPCO Group, LLC (“CAPCO”), and Capitol Films Limited (“Capitol”) (collectively, “Respondent”) in the principal sum of $62,686.06 ($37,511.25 in residuals and $25,174.71 in late charges). The ...

Excerpt: ... against defendant Katherine R. Harter, M.D. (“Defendant”\ ) alleging professional negligence arising out of an emergency room encounter. On December 11, 2023, Defendant filed this motion for summary judgment. No opposition brief has been filed. II. LEGAL STANDARD In reviewing a motion for summary judgment, courts must apply a three- step analysis: “(1) identify the issues framed by the pleadings; (\ 2) determine whether the moving party ha...

Excerpt: ... to compel arbitration is granted and the action stayed. SUMMARY OF ACTION On January 30, 2018, Defendant RAF Development LLC (RAF), the Seller of the property at issue in this case, entered into a Residential Purchase Agreement with Plaintiffs Shawn Thursby -Palmer and Benjamin Thursday (Plaintiffs). Around the time of the sale o f the property, RAF, Defendant Horizon Underpinning (Horizon), and Glenn E. Farmer (Farmer) had just completed extens...

Excerpt: ...al, Inc. (“Defendant”) RESPONDING PARTY: Plaintiffs Ollye G. Ingram, et al. (“Plaintiffs”) 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 ...

Excerpt: ...t” or the “Commission”) to set aside its decision (“Decision”) denying Petitioner's applic ation for an exemption from the Commission's coastal development permit (“CDP”) requirements to replace a portion of a lanai terrace structure (the “Lanai”) that is located on the beach at Petitioner's club. Petitioner contends that the Lanai was damaged as a result of severe winter storms in January 2023, and sought an exemption that appl...

Excerpt: ...o the chemical gadolinium throughout the course of the MRIs, result ing in severe burns, health complications, and eventually death. Plaintiffs allege that Decedent had a history of hypersensitivity to gadolinium and that Defendants were put on notice of Decedent's condition and should have been aware of the risks of gadolinium exposure in children. The complaint alleges causes of action for (1) medical malpractice, (2) medical malpractice- lack ...

Excerpt: ...olidated with 21SMCV01425] Hearing Date: 5/1/24 Trial Date: N/A [TENTATIVE] RULING RE: Law Offices of Robeert R. Shiri, APC's Motion to Compel Answers to Form Interrogatories, and Request for Monetary Sanctions in the Amount of $2,560.00 Against Lenny K. Dykstra and/or Attorneys of Record; and Law Offices of Robeert R. Shiri, APC's Motion to Deem Request for Admissions Admitted, and Request for Monetary Sanctions in the Amount of $2,560.00 Agains...

Excerpt: ...the settlement agreement between Plaintiff and Defendants PSG California LLC (“PSG”), David Leedom (“Leedom”), and Beth Seara (“Seara”) (collectively, “Defendants”) that was entered into on September 20, 2023. (Notice of Motion Settlement, pg. 2; C.C.P. §664.6.) Plaintiff moves on the grounds that Defendants have breached the settlement agreement by failing to perform under the terms of the settlement in the following respects: b...

Excerpt: ...iff). Alternatively, Right Choice requests summary adjudication of the following issues in its favor and against Plaintiff : Issue No. 1: Plaintiff's Cause of Action for Negligence against Right Choice has no merit because there is no triable issue of material fact supporting Plaintiff's claim, that Right Choice was the proximate cause of Plaintiff's injuries . Issue No. 2: Plaintiff's Cause of Action for Dependent Care/Elder Abuse has no merit b...

Excerpt: ...d personal injury as a result of a car accident with non -party Alyssa R. Garcia. Plaintiff filed a lawsuit against Garcia on February 3, 2017. Plaintiff settled her lawsuit against Garcia for Garcia's policy limits in the amount of $25,000, far less than her alleged injuries due to the accident.. Plaintiff holds an auto liability insurance policy with Defendant Allstate Northbrook Indemnity Company. Plaintiff submitted her claim to Allstate on J...

Excerpt: ... State of California Responding Party: Unopposed Notice: OK Tentative Ruling: Plaintiff's Motion for Terminating Sanctions or alternatively, Issue, Evidentiary, and/or Monetary Sanctions Against Defendant Elias Shokrian is GRANTED IN PART, as follows: The Court DENIES Plaintiff's request for terminating and monetary sanctions against Defendant Elias Shokrian. The Court GRANTS Plaintiff's request for issue sanctions against Defendant Elias Shokria...

Excerpt: ...ion against Defendant One876 Caribbean Restaurant, LLC (Defendant) for: (1) Failure to Provide Required Meal Periods (Labor Code 226.7, 510, 512, 1194, 1197; IWC Wage Orders); (2) Failure to Provid e Required Rest Periods (Labor Code 226.7, 512; IWC Wage Orders); (3) Failure to Pay Overtime Wages (Labor Code 510, 1194, 1198; IWC Wage Orders); (4) Failure to Pay Minimum Wages (Labor Code 1194, 1197; IWC Wage Orders); (5) Failure to Timely Pay Wage...

Excerpt: ... motion to expunge lis pendens. The Court will not require Plaintiff to post a bond. The Court also declines to award attorney's fees and costs. The Court SUSTAINS the demurrer to the First, Second, Third, Fifth, Sixth, Ninth, Twelfth, Thirteenth, Eighteenth, and Nineteenth Causes of Action in the Second Amended Cross -Complaint with leave to amend. The Court OVERRULES the demurrer to the Fourth and Fifteenth Causes of Action. Defendants Millner ...

Excerpt: ...nified School District (“Defendant”) filed, on January 25, 2024, a motion for summary judgment or, alternatively, summary adjudication against plaintiff Eric Jones (“Plaintiff”), with a hearing date of May 1, 2024. At the time that Defendant's motion was filed, trial was scheduled for February 28, 2024. On January 29, 2024, the court issued a minute order granting in part and denying in part Defendant's ex parte application to continue tr...

Excerpt: ...hnicity by transferring him to a new work location and giving him increased work compared to non -Hispanic employees. Plaintiff brings causes of action for (1) FEHA discrimination, (2) FEHA harassment, (3) FEHA retaliation, (4) failure to prevent discrimination, harassment, or retaliation, and (5) violation of Labor Code Section 1102.5. Plaintiff now moves to compel the deposition attendance of Defendant's person most knowledgeable. Defendant opp...

Excerpt: ...age in the interactive process; failure to accommodate; retaliation in violation of Fair Employment and Housing Act; failure to prevent harassment, discrimination, or retaliation; negligent hiring, supervision, or retention; retaliation in violation of Labor Code section 1102.5; and wrongful termination in violation of public policy. On March 7, 2024, Defendants filed this motion to continue the trial and related dates and deadlines. DISCUSSION D...

Excerpt: ...ip agreement, breach of fiduciary duty, and an accounting. On November 15, 2023, Plaintiff filed this motion to compel Defendant's further responses to requests for production of documents (set two) (RFPs). LEGAL STANDARD A propounding party may move for an order compelling a further response to a demand for inspection if the propounding party deems that an answer or statement of compliance is evasive or incomplete, or that an objection is “wit...

Excerpt: ...sponses to Supplemental Interrogatory, Set No. Two, and Supplemental Request for Production of Documents, Set No. Two, from Plaintiff Brian Rucker and Order for Sanctions in the Amount of $960 Against Plaintiff and/or His Attorneys of Re cord; and (2) Motion to Compel Responses to Supplemental Interrogatory, Set No. Two, and Supplemental Request for Production of Documents, Set No. Two, from Plaintiff Valentina Malofiy and Order for Sanctions in ...

Excerpt: ... (Set One); and 5. Plaintiff Amilkar Frausto's Motion to Deem the Truth of Matters Specified in Requests for Admissions, Set One, Admitted and Conclusively Established. TENTATIVE RULING The Court GRANTS Plaintiff Amilkar Frausto's motion to compel responses to Special Interrogatories, Set One, Nos. 1 -3, 6- 27, 29 -33, 35- 36, 38-39, 41- 42, 44-45, 47- 48, 50-51, 62- 64, 78, 80, and 82. Defendant Ach Telecom, Inc. must provide verified, code -com...

Excerpt: ...are DENIED. PLAINTIFFS AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $800.00 TO DEFENSE COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: Plaintiffs 2515 Thurman, LLC and Brian Haydel (“Plaintiffs”) filed the instant (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request For Sanctions; and (2) Motion to Deem Requests for Admission, Set One, Admitted, and Request For Sanctions on March...

Excerpt: ... Motion to Compel Plaintiff's Deposition and Request for Monetary Sanctions The court considered the moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Defendants Los Indios de San Gabriel, Inc., and Andrew Salas (“Defendants”) move the court for an order (1) compelling plaintiff Emilio Reyes (“Plaintiff”) to appear for and testify at a videotaped, in- person deposition, and (2) awarding monetary sanctio...

Excerpt: ...ion against Defendants and Does 1-10 for: 1. Breach of Contract 2. Common Count On February 13, 2020, Plaintiff filed a conditional “Notice of Settlement of Entire Case;” that day, Plaintiff dismissed the entire action of all parties “pursuant to CCP Section 664.6,” without prejudice. On March 21, 2024, Plaintiff dismissed the complaint against Corpuz and Does 1-10, without prejudice. Legal Standard “If parties to pending litigation sti...

Excerpt: ...gainst Albert Gregory Pinto (“Defendant”) and Does 1 through 25. On August 21, 2023, Plaintiff filed this motion to serve by publication or posting. The hearing has been continued several times. Legal Standard Where no law exists for the service of summons in a particular action, the court may direct that summons be served in a manner which is reasonably calculated to give actual notice to the party to be served and that proof of such service...

Excerpt: ...d A. Pleadings Plaintiff Michelle Leonard sues Defendants Brian E. Claypool (Brian Claypool), The Claypool Law Firm (Claypool Law), and Does 1 to 20 pursuant to a May 3, 2023, First Amended Complaint (FAC) alleging claims of (1) Legal Malpractice and (2) Breach of Fiduci ary Duty. The claims arise from allegations that, in the course of their legal representation of Michelle Leonard in claims surrounding her injuries arising from the Route 91 Har...

Excerpt: ...o. Payments, Inc., and Inter & Co., Inc. (joined by defendant Eliran Grushkowsky on September 8, 2023) RESPONDING PARTY: Plaintiff Forex Express Corp., d/b/a WireCash Motion to Quash Subpoenas for Production of Business Records The court considered the moving, joinder, opposition, and joint reply papers filed in connection with this motion. DISCUSSION Defendants Inter & Co. Payments, Inc., and Inter & Co., Inc. (“Inter Defendants”), joined by...

Excerpt: ...n's Motion to Quash Service of Summons. I. Background Plaintiff Mighty Enterprises, Inc. (Mighty Enterprises) sues Defendants Chung -Hsin Electric & Machinery Manufacturing Corporation (Chung -Hsin) and Does 1 through 100 pursuant to a December 14, 2023, Complaint alleging 14 distinct counts. On January 2, 2024, Mighty Enterprises filed a proof of service for service on Chung -Hsin. The proof of service reflects personal service of the summons, C...

Excerpt: ...arising from an automobile collision. On October 9, 2023, Plaintiff filed a Notice of Settlement of Entire Case providing the parties entered into a conditional settlement upon receipt of settlement funds. Plaintiff now moves for an order to enforce settlement agreement pursuant to CCP § 664.6. Defendant opposes the motion, and Plaintiff filed a reply. 1. Moving Argument Plaintiff argues the parties participated in mediation, and after transmiss...

Excerpt: ...iff Kimberly Echeverria (“Echeverria” or “Plaintiff”) began working for Elite Veterinary Corporation (“Elite Veterinary”) in July 2021. Echeverria later became pregnant. During her pregnancy, Echeverria suffered extreme morning illness which forced her to miss work or caused her to begin work later than her scheduled shift. Because of her need for intermittent pregnancy leave and modest accommodation, Elite Veterinary reduced her hour...

Excerpt: ...1. Plaintiff, who is currently 45 years old, alleges that Doe 2, Kevin Huricks (“Huricks”), sexually assaulted him during the 1993-1994 school year, at school when Plaintiff was 16 or 17 years old. (Complaint, ¶¶ 11-15.) Huricks, who is now deceased, was a specia l education teacher's aide at Jordan High School, where Plaintiff was a student. (Complaint, ¶ 14.) Huricks was subsequently criminally convicted in 1993 for committing sexual mis...

Excerpt: ...general remodeling services for the property located at 19103 Singingwood, Rowland Heights, Los Angeles, CA (“subject property”). This estimate did not include overhead and profit, which was billed separately. Plaintiff provided Defendants with h invoices in the amounts of: (1) $9,101.21, (2) $9,646.98, (3) $9,000.00, (4) $6,579.22, (5) $2,774.81, and (6) $657.93, totaling $37,760.15. Invoices #1 -#3 comprised the work that was paid by the in...

Excerpt: ... Inc., and Kyle Shanahan's Motion to Dismiss or Stay Action Pursuant to Code of Civil Procedure § 410.30(a). I. Background A. Pleadings Plaintiff J.P. (Joseph Parker) sues Defendants Eastern Revenue, Inc. (Eastern Revenue), Emmanuel University, Inc., Kyle Shanahan (Eastern Revenue's President), Matt McRee, Joann S. Harper, and Does 1 -30 pursuant to an unsigned October 30, 2023, Complaint a lleging claims sounding in fraud, unfair business pract...

Excerpt: ...opposition on April 17, 2024. Defendant filed a reply on April 23, 2024. Legal Standard Code Civ. Proc. § 128(a)(8) provides that the court has the power to amend and control its process and orders so as to make them conform to law and justice. “The power to determine when a continuance should be granted is within the discretion of the trial court.” (Color -Vue, Inc. v. Abrams (1996) 44 Cal.App.4th 1599, 1603.) “A trial court has wide lati...

Excerpt: ...ia and Valerie Mejia (collectively “Plaintiffs”) filed this action against Defendant Vladimir Rozumny. Plaintiffs filed a First Amended Complaint on October 13, 2023 and asserted the following causes of action: 1. Tenant Harassment in Violation of Los Angeles Code §§ 45.33, 45.35 2. Violation of the Tenant Buyout Notification Program (Los Angeles Municipal Code § 151.31) 3. Breach of Covenant of Quiet Enjoyment 4. Nuisance 5. Unfair Compet...

Excerpt: ...15/2024) TENTATIVE RULING Defendants' Motion to Stay the Civil Proceeding is GRANTED. I. BACKGROUND On September 9, 2022, Plaintiffs Jung Park (“Jung”) and Young Park filed the instant action against Defendants Sofia Sweetheart LLC, Lida Behnam (“Lida”), and Sofia Benham. On December 4, 2023, Plaintiffs filed a Second Amended Complaint alleging the follo wing causes of action: C/A 1: Prescriptive Easement C/A 2: Implied Easement by Necess...

Excerpt: ...rs at their warehouse. Plaintiff provided Defendant with lumpers and sent Defendant invoices. Defendant has failed to pay the invoices. On November 3, 2023, Plaintiff filed a complaint, asserting causes of action against Defendant and Does 1-25 for: 1. Breach of Contract 2. Common Counts On January 9, 2024, Defendant's default was entered. A Case Management Conference is set for April 30, 2024. Legal Standard “The court may, upon any terms as m...

Excerpt: ... Sanctions are DENIED. II. Defendant MED (DE) LLC's Motions to Compel Responses to Form Interrogatories (set one), Requests for Production (set one), and Special Interrogatories (set one) as to Plaintiff BRIANA WINGO are ADVANCED from May 1, 2024 to this date and GRANTED. Plaintiff is ordered to serve responses without objections in 20 days. Sanctions are DENIED. Defendant to give notice. Defendant MED (DE) (“Defendant”) owns and operates an ...

Excerpt: ...February 5, 2024, Plaintiffs filed a First Amended Complaint, asserting causes of action against Snehal Raj Bhakta (S. Bhakta”), Raj Bhakta (“R. Bhakta”), Jose Alfredo Vargas -Nunez (“Vargas -Nunez”) and Does 1 -50 for: 1. Negligence 2. Statutory Liability A Case Management Conference is set for April 30, 2024. Legal Standard Pursuant to Code of Civil Procedure section 436, “the court may, upon a motion made pursuant to Section 435, o...

Excerpt: ...ages allegations against Defendant Garfield Beach CVS, LLC, erroneously sued and served as CVS Pharmacy, Inc. (CVS) from Plaintiffs' Estate of Anita Y. Raphael, through its personal representative Joseph Rogoff, Charlott e Marion Raphael, individually, through her conservator Joseph Rogoff (collectively, Plaintiffs) complaint. Specifically, CVS seeks to strike the following portions of Plaintiffs' complaint: (1) “punitive damages” at p.3, ¶1...

Excerpt: ... and punitive damages to allow for supplemental briefings. Special Damages (Emotional Damages) Generally, absent physical injury, a cause of action for negligence based on property damage cannot give rise to an award of special damages for emotional distress. Lili Butler-Rupp, et al. v. Lourdeaux (2005) 134 Cal.App.4th 1220, 1228. Emotional distress damages are available when a plaintiff alleges trespass to chattels based on intentional injury to...

Excerpt: ...llowing causes of action: (1) breach of the implied covenant of good faith and fair dealing, (2) tortious interference with contract, and (3) extortion. On February 1, 2024, the court granted Defendant's motion for summary judgment. On February 23, 2024, Defendant filed a memorandum of costs. On March 1, 2024, Plaintiff filed this motion to tax costs. LEGAL STANDARD The prevailing party is entitled to recover costs, including attorneys' fees, as ...

Excerpt: ...Los Angeles, California (the “Property”). Landlord leased the Property to Defendant Shahin Khajavi (“Tenant”). However, Khajavi does not live on the Property; instead, the Property is occupied by his ex- wife (Nazgol Hemmatian) and his son. Landlord claims Khajavi has failed to pay rent due on the lease. Plaintiff filed a request to enter default judgment which was rejected by the Clerk's Office on October 24, 2023 due to a lack of signat...

Excerpt: ...ber 11, 2023. On January 12, 2024, Defendant filed the instant Motion to Vacate Default. No opposition has been filed to date. Discussion Defendant moves to vacate the entry of default pursuant to Code of Civil Procedure section 473, subdivision (b) and (d), and section 473.5. The Court will consider each statutory basis in turn. Code of Civil Procedure section 473, subdivision (b) Under this statute, an application for relief must be made no mor...

Excerpt: ...4 RELIEF REQUESTED Plaintiff moves for an order compelling Defendant Middleridge Concepts, Inc. dba Bryant Heating and Air Conditioning to provide responses to form interrogatories, special interrogatories, requests for production of documents, and an order deeming the truth of the matters of the requests for admissions admitted. BACKGROUND This is a personal injury premises liability case. Plaintiff alleges that there was an open basement trapdo...

Excerpt: ...ice: OK Ruling: The Motions to Quash are denied. The Motion to Seal is granted. Moving parties 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 November 24, 2021, Plaintiff Simmons Unlimited, LLC filed the operative Complaint against Defendants Dejanee Riley Izydorczyk (“Riley”), Gabriella McNeill, and Deja Riley Athletics...

Excerpt: ... Pressed Down, LLC, Protech Minerals, LLC, and Protech Minerals RE LLC. O n October 17, 2023, the court denied the petition as to petitioners, and granted as to respondents. Petitioners filed a notice of appeal on July 2, 2021. On June 24, 2022, the order on the petition was affirmed on appeal. Remittitur was issued on September 12, 2022. RULING: Continued to July 19, 2024. On June 9, 2023, respondents Pressed Down, LLC, Protech Minerals, LLC, an...

Excerpt: ...erest Employment Development Department (“EDD”), to schedule him for an in -person appointment. Additionally, Herrera asks the court to issue a cease -and -desist order to prevent the EDD from continuing to garnish Herrera's wages. The court has read and considered the moving papers, opposition, and reply, (and Herrera's April 22, 2024 Brief) and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Herrera...

Excerpt: ...Oasis”) for the use of medical cannabis growth operations. The parties entered into a written contract. Thereafter, Oasis defaulted on the rent and facility fee payments. Alprop attempted to resolve the dispute without resorting to arbitration. Oasis did not respond. Alprop later opened an arbitration case with JAMS as provided under the partie s' agreement. However, Oasis did not respond to any notice or correspondence from JAMS to participate...

Excerpt: ...n September 26, 2023. He alleges that Defendant Exeter Finance LLC (Defendant), as his auto -finance lender, wrongfully repossessed and sold his vehicle despite his timely payments on his auto -loan. Plaintiff's complaint alleges three causes of action against Defendant for negligence, fraud, and conversion. On February 8, 2024, Defendant filed this motion to compel arbitration based on the arbitration clause in a Retail Installment Sale Contract...

Excerpt: ...frontation between two attorneys in the Mosk Courthouse hallway. The Complaint alleges that Defendant Fari Bari Nejadpour (Defendant Nejadpour) “instigated an extremely minor confrontation by cornering, trapping, det aining and threatening” Plaintiff Larry M. Bakman (Plaintiff Bakman) and “forcing a cellular telephone” into Plaintiff's face and recording Plaintiff's voice without his permission in an attempt to falsely claim that Defe...

Excerpt: ... action arises from the deterioration of a business relationship between Jeff Kwatinetz (“Kwatinetz”), founder and manager of music production company, Prospect Park, LLC, and Azealia Banks (“Banks”), a recording artist and rapper. On September 20, 2021, Kwatinetz and Prospect Park, LLC (collectively, “Plaintiffs”), filed a Complaint against Banks and Lasagna Girl, LLC (collectively, “Defendants”). The Complaint alleged the causes...

Excerpt: ... City employee on the 134 West freeway in Pasadena. On February 27, 2024, Los Angeles County Metropolitan Authority filed the instant motion to compel responses to the Requests for Production, Set One. Plaintiff filed an omnibus opposition on March 21, 2024. Defendant filed an omnibus reply on April 23, 2024. Before the Court is Defendant LACMA's motion for an order compelling response to Requests for Production of Documents, Set One. Because the...