Excerpt: ...ADO: Plaintiff is the owner of two vehicles, a Tesla and Prius. Plaintiff's husband, Antonio Wong (Wong), “gave Delgado an envelope full of titles which were in tended to be the titles of the business vehicles” (Complaint P11) wherein Wong pledged various vehicles as collateral for but Wong inadvertently gave vehicle titles to Plaintiff's two vehicles. Plaintiff asserts that based thereon, Delgado has unlawful possession of the two vehicles. ...

Excerpt: ...ter) and SEIU Local 721. The complaint was labeled as one for discrimination a nd violation of labor/union rights. However, the complaint contained no factual allegations. Instead, the complaint merely attached prior complaints filed with the Civil Rights Department and Labor Commissioner's Office. On August 21, 2023, the Court sustained the County's demurrer with leave to amend. Plaintiff filed her First Amended Complaint on September 8, 2023. O...

Excerpt: ...MARY OF ACTION AND ANALYSIS Plaintiffs Frankie Fuentes and Melquiades Martinez (Plaintiffs) move for an order approving the settlement agreement between them and Defendant Design Masonry, Inc. (Defendant). This is an employment law case that stems from Defendant's alleged failure to pay minimum wages, overtime wagers, to provide rest periods, to provide meal periods, to pay all wages earned, to indemnify, and to furnish accurate itemized wage sta...

Excerpt: ...ervices. As relevant here, Sanchez provided gardening services on the property of Defendant Suzanne De Passe (“De Passe” or “Defendan t”) for approximately 18 years. From 2003 through May 2021, Sanchez performed services in the total sum of $36,000. De Passe did not pay the balance owed. On September 8, 2023, Plaintiff filed a Complaint against Defendant for (1) Breach of Contract, (2) Fraud, and (3) Common Counts. On March 15, 2024, Plai...

Excerpt: ... Civil Code section 1793.2, subd. (d); (2) violation of Civil Code section 17 93.2, subd. (b); (3) violation of Civil Code section 1793.2, subd. (a)(3); (4) breach of the implied warranty of merchantability; and (5) fraudulent inducement – concealment, stemming from Plaintiff's purchase of a 2021 Chevrolet Silverado. Defendant demurs to the fifth cause of action for fraudulent inducement – concealment on the grounds that it fails to state fac...

Excerpt: ...ainst Defendants Rebecca Ju and Paul Ju (“Defendants”) on January 25, 2024. The Complaint alleged causes of action for motor vehicle negligence, negligence, and negligent entrustm ent. On February 1, 2024, the Complaint was superseded by the First Amended Complaint, which alleged “Senior Citizen Rights BPC § 13742” and “Elder Abuse § 1780.” Finally, Plaintiff filed a Second Amended Complaint on February 27, 2024 that alleges a viola...

Excerpt: ...ractices, and fraud. Plaintiff seeks recovery for Defendant's alleged failure to properly maintain the rented premises where Plaintiff resided. On April 2, 2024, Defendant filed the instant demurrer and motion to strike. Plaintiff filed his opposition on May 2, 2024. Defendant filed its reply on May 8, 2024. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. ( Hahn v. Mirda (2007) 147 Cal.App.4th 740, ...

Excerpt: ...ituted in for Doe Defendant #1 • 08/17/23: Solimar Homeowners Association substituted in for Doe Defendant #2. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a habitability defect action. Plaintiff leased an apartment from Defendants that she alleges contained toxic mold. Defendant Solimar Homeowner's Association demurs to the Complaint and moves to strike the Complaint. TENTATIVE RULING: Defendant Solimar Homeowner's Association's Dem...

Excerpt: ...ssor in interest to Chuleeporn Phapornchai (“Decedent”) filed a Complaint against Defendants Ensign Whittier West (“Ensign”) and PIH Health Whittier (“PIH”) alleging causes of action for: (1) Negligence; (2) Professional Negligence; (3) Elder Abuse; and (4) Wrongful Death. On November 28, 2023, after hearing oral argument, the Court sustained the demurrer of Defendant PIH to the first cause of action in the Complaint without leave to ...

Excerpt: ...ff's Complaint; Defendant State Farm General Insurance Company's Motion to Strike Portions of Plaintiff's Complaint; and Defendant Peter Geoffrey Bullen's Demurrer to Verified Complaint. I. Background A. Pleadings Plaintiff Fred C. Stalley sues Defendants Laleh H. Azad, Peter Geoffrey Bullen, Sean Ramann, State Farm General Insurance Company (State Farm), and Does 1 through 10 pursuant to a September 25, 2023, Complaint alleging claims of: (1) Br...

Excerpt: ... Defendants RQ Media Group, Inc. (“RQ Media”) and Brian Salzman (“Salzman”) (jointly, “Defendants”). On September 7, 2023, Plaintiff filed a Verified First Amended Complaint (“FAC”). The FAC alleged twelve causes of action, including causes of action for breach of contract and breach of implied covenant of good faith and fair dealing. Defendants demurred to the first cause of action of the FAC for breach of contract, and the secon...

Excerpt: ...: Plaintiff Brittany Jackson alleges she moved into the property at 1426 W 25th Street in Los Angeles, CA, to care for her ailing grandmother, Katie Mae Hawkins. On November 9, 2022, Hawkins passed away. Plaintiff Sylvia Sheridan is the daughter and successo r in interest to decedent Hawkins. Plaintiff Jackson alleges she continued to pay rent after her grandmother's death. On December 1, 2022, Defendant(s) Hawkins Real Property Management, LLC a...

Excerpt: ...f the notice of ruling. Contempt sanctions are declined. Background Plaintiff Ruben Olague (“Plaintiff”) alleges as follows: Plaintiff is a dependent adult. Plaintiff was a resident at Inland Valley Care and Rehabilitation Center in Pomona, from in or about May 2023 through July 2023. Plaintiff developed severe pressure sores as a result of deficiencies in care. On April 24, 2024, Plaintiff filed a First Amended Complaint, asserting causes of...

Excerpt: ...ngs, LLC Demurrer to Second Amended Complaint The Court considered the moving papers, opposition, and reply. The Demurrer is overruled. Defendants Julio Jones and Sharod “Roddy” White to answer in 20 days. Background Plaintiff SLW Holdings, LLC invested approximately $4,240,000 into two cannabis business ventures based on Defendants Tyrone Freeman, Wolfgang & Associates LLC, Daude Sherrills and Lamarr House fraudulent misrepresentations. The ...

Excerpt: ...er filed the first case (Case Number 23STCP02247) against the City of Compton and Trinidad Bravo (who is incorrectly identified as “a Planning Technician for the City of Colton”). (First Amended Petition, ¶¶ 10-11.) On June 22, 2023, Petitioner submitted a Builder's Remedy application for the property located at 1601 West El Segundo Boulevard in Compton, California (the “Property”). (Id., ¶ 38.) Petitioner alleges that Trinidad Bravo r...

Excerpt: ... Defendant Simcha Mandelbaum's Motion to Strike Portions of Plaintiff's First Amended Complaint. BACKGROUND ALAN TONKINS (“Tonkins”), in and through his Successor -In -Interest, JOSHUA TONKINS and JOSHUA TONIKINS (“Plaintiffs”) bring this case against GUARDIAN REHABILITATION HOSPITAL; 533 SOUTH FAIRFAX AVENUE, INC. dba GUARDIAN REHABILITATION HOSPITAL; SKILLSERVE, INC. dba US SKILLED SERVE; JANET MANDELBAUM; BRENDA MANDELBAUM; and...

Excerpt: ...demurrer to Plaintiff's first, second, third, fourth and fifth causes of action is OVERRULED. Defendants' demurrer to Plaintiff's sixth, seventh, eighth, ninth and tenth causes of action is SUSTAINED with 20 days leave to amend. I. BACKGROUND On June 2, 2023, 686 -WOPG, LLC (“686 -WOPG”) filed a breach of contract action against Daniel Rodriguez, individually and as a dba of Pablito's Tacos, and Transcendent Development Group, Inc. (“Transc...

Excerpt: ...OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a quiet title action. Plaintiff seeks to rescind a trustee sale that he alleges was improperly executed against his home. Defendants Miguel Victoria and Alexandria Mujica demur to the first amended complaint. TENTATIVE RULING: Defendants Miguel Victoria and Alexandria Mujica's Demurrer to the First Amended Complaint is SUSTAINED with leave to amend. DISCUSSION : Defendants Miguel Victoria and Alexandr...

Excerpt: ...f Ferdinand U. Doria's (“Doria”) (“Plaintiff”) complaint (“Complaint”) on the basis the 6th and 7th causes of action fail to state facts sufficient to allege causes of action against Defendant. (Notice of Demurrer, pgs. 1 -2; C.C.P. §430.10(e).) Background Plaintiff filed his operative Complaint on July 31, 2023, alleging eight causes of action: (1) specific performance or damages based upon breach of express contract; (2) constructi...

Excerpt: ...STAINED with twenty (20) days leave to amend as to the First, Second, and Fourth causes of action, and MOOTED as to the Third and Fifth causes of action. I. BACKGROUND A. Factual On May 26, 2023, Plaintiff, Fadriko Dillon (“Plaintiff”) filed a Complaint against Defendant, Centinela Hospital Medical Center, Prime Healthcare Services, LLC, and DOES 1 through 50. On June 23, 2023, Plaintiff filed a First Amended Complaint (“FAC”). On Decembe...

Excerpt: ...dalupe Esquivel -Carreon (collectively, “Plaintiffs”) NOTICE: OK RELIEF REQUESTED: An order from this Court granting Defendant's demurrer to the First Amended Complaint. TENTATIVE RULING: The demurrer is OVERRULED. BACKGROUND This action arises from alleged personal injury and property damage sustained by Plaintiff Jose Antonio Mesa -Marentes in a motor vehicle collision with a vehicle operated by Defendant Driver Steven Bloberg (the “Crash...

Excerpt: ...a Arasheben's (Plaintiff) tenancy at property located at 10780 Adora Ave., Unit A, in Chatsworth, California. Plaintiff alleges that she rented the property from Defendant and owner, Mark Nayfeld. The allegations in the complaint imply that Mark Nayfeld resided in a neighboring property and that conditions on that property caused the property where Plaintiff resided to become dangerous and infested with bugs, fleas, and bed bugs. Plaintiff allege...

Excerpt: ...pending the disposition of the unlawful detainer action. This action arises from a commercial landlord -tenant dispute. On March 15, 2023, Plaintiff 819 S. Flower, LP (Plaintiff) and Defendants LuxUrban RE Holdings, LLC and LuxUrban Hotels Inc. (Defendants) entered into a commercial lease to operate a hotel (Original Lease). The First Amended Complaint (“FAC”) alleges that Defendants made a number of fraudulent representations to induce Plain...

Excerpt: ... -C31 Nordhoff Street Limited Partnership (“Owner”) filed a cross -complaint against Gabriel Hernandez, dba Prime Construction Services (“Prime”), (“General Contractor,)” for declaratory relief, equitable indemnity, contribution and for express indemnity. On December 18, 2023, the Court entered a final order on the motion of Owner for summary adjudication of the cause of action for contractual indemnity. The Court held only that if a ...

Excerpt: ...S 1 through 20 inclusive, for (1) Breach of Contract and (2) Common Counts. Defendant DAVID KIM (Defendant Kim) moves for judgment on the pleadings on Plaintiff's Complaint on the grounds that the Complaint does not state facts sufficient to constitute a cause of action against him. The Court has considered the moving, opposition, and reply papers. Meet and Confer Pursuant to Code of Civil Procedure (CCP) section 439, a motion for judgment on the...

Excerpt: ...n 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 the implied warranty of merchantability; (5) negligent repair; and (6) violation of the Magnuson-Moss Warranty Act. Now, Defendants move for a judgment on the pleadings. Discussion Defendant moves for a judgment on the pleadings arguing: (1) Plaintiffs first four causes of action are barred becau...

Excerpt: ...ear by LACourtConnect rather than in person due to the COVID-19 pandemic. On June 1, 2022, Plaintiff Diego Mejia Duarte filed the operative Complaint for violations of the PAGA against Defendant Apple, Inc. Defendant now moves for summary judgment on the ground that Duarte does not have standing because he did not suffer any Labor Code violations. Specifically, Defendant argues that “Plaintiff identified the following items that he claims shoul...

Excerpt: ....) BACKGROUND On February 6, 2024, Plaintiffs Kimberly Davis and Jonathan Davis filed a third amended complaint against Defendants Paige Hemmis, Jason Short, Ameka Benton, Scott Fields, Hallmark Cards, Inc., Crown Media Holdings, Inc., Paige Hemmis, Inc., Aria Music Group, The Oaks of Calabasas Homeowners Association, Melissa Improta, Jason Improta, and Compass California, Inc. for 1) Intentional Interference with Contract; 2) Negligence; 3) Tres...

Excerpt: ...mon counts. Now, Defendant moves to compel arbitration of Plaintiff's Complaint. The motion is unopposed. Legal Standard Where the Court has determined that an agreement to arbitrate a controversy exists, the Court shall order the petitioner and the respondent to arbitrate the controversy …unless it determines that… grounds exist for rescission of the agreement.” (Code Civ. Proc., § 1281.2.) Among the grounds which can support rescission a...

Excerpt: ...tive. In 2003, Kassan founded the strategic advisory firm MediaLink LLC (“MediaLink”). In 2021, United Talent Agency LLC (“UTA”) MediaLink, and Kassan entered into the Partner Services Agreement (the “PSA”) for UTA's acquisition of MediaLink. The PSA contains restrictive covenants for noncompetition and nonsolicitation. As part of the acquisition, Kassan remained CEO of MediaLink and became a partner at UTA. After joining UTA, allege ...

Excerpt: ...his is a premises liability negligence case. On December 2, 2020, plaintiff Mary Howard (“Plaintiff”) “fell in a recessed painted and camouflaged area of the asphalt” in the parking lot of a shopping center maintained by defendant El Camino Shopping Cente r, LLC (“Defendant”). (Complaint p. 4.) On November 10, 2022, Plaintiff initiated this lawsuit by filing a form complaint (the “Complaint”) alleging causes of action for (1) negl...

Excerpt: ...��Avalon”) operates a mental health care and drug rehabilitation facility in Malibu, California (the “Facility”). Colorado Bankers Life Insurance Company (“CBL”) provides financing to Avalon and is secured by a first lien on virtually all of Avalon's assets. Avalon defaulte d on its debt to CBL by failing to make payments as they come due and failing to pay the accelerated balance. The other Defendants – New Vista Behavioral Health LL...

Excerpt: ...s Court to amend the judgment in this matter entered on February 1, 2024, against Respondents Manuel Bernal (“Manuel”), Bernal Capital Group (“BCG”) and 702 Saint Andrews, LLC (“Seller”) (collectively “Respondents”) to include Albert Bernal (“Albert”) as a judgment debtor on the grounds Albert (i) is a general partner of Respondent and judgment debtor BCG; (ii) is the alter ego of Respondent and judgment debtor BCG; (iii) is t...

Excerpt: ...Garcia and Esperanza Garcia filed this action against Defendant Luzelena Ruffalo. The Complaint alleges the following causes of action: C/A 1: Financial Elder Abuse C/A 2: Order Cancelling Instrument C/A 3: Constructive Trust The Complaint alleges the following. On June 17, 1997, Plaintiffs purchased the real property ("Property") commonly described as 2743 Flower 14 Street, Huntington Park, CA 90255. Plaintiffs took title to the Property...

Excerpt: ...��Plaintiff”) filed this action against defendants Hamza Krofess and Does 1 to 50 for damages arising from a motor vehicle accident. Plaintiff filed amendments to complaint naming Raiser LLC as Doe 1, Raiser-CA LLC as Doe 2, and Raiser – DC LLC as Doe 3. On March 4, 2024, Raiser LLC and Raiser -CA LLC (collectively, “Raiser”) filed a motion to have its request for admissions (“RFAs”), set two, be deemed admitted against Plaintiff. On ...

Excerpt: ...n Patel, and Defendant Miguel Soltero CASE HISTORY : · 01/31/22: Complaint filed. · 03/21/23: Cross-Complaint filed by 360 Capital Ventures and Sachin Patel as to Plaintiffs and as to Cross -Defendant Rosalind Wang · 04/13/23: First Amended Complaint filed. · 07/27/23: First Amended Cross-Complaint filed. · 11/06/23: Cross -Complaint filed by 360 Capital Ventures, Sachin Patel, and Bayside Builders inc. as to Hudson Insurance Co. STATEMENT O...

Excerpt: ...nsportation, California Highway Patrol (“CHP”), the Los Angeles County Metropolitan Transportation Authority, the City of Long Beach, the County of Los Angeles, Kenny's Auto Service, II, and John Doe on June 2, 2021. On July 11, 2023, CHP filed the instant motion for summary judgment. The motion is unopposed. LEGAL STANDARD A motion for summary judgment or adjudication provides “courts with a mechanism to cut through the parties' pleadings ...

Excerpt: ...KGROUND This is a childhood sexual abuse case pursuant to Code of Civil Procedure section 340.1. On March 30, 2022, Plaintiff filed a complaint. On May 4, 2022, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants alleging causes of ac tion for: (1) negligence; and (2) negligent hiring, retention, and supervision. On June 16, 2022, Defendant filed its answer. DISCUSSION California Code of Civil Procedure section¿4...

Excerpt: ... DEFENDANT LANDRY DESIGN GROUP INC.'S MOTION FOR SUMMARY ADJUDICATION Date: May 15, 2024 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Defendant Landry Design Group Inc. (“Moving Defendant” or “LDG”) RESPONDING PARTY: Plaintiff Ted Waitt, Trustee of The Nightingale Trust dated November 1, 2017 (“Plaintiff”) The Court has considered the moving, opposition and reply papers. BACKGROUND On June 29, 2021, Plaintiff filed a Complaint against Defen...

Excerpt: ...dant/Cross -Complainant Norberto Fregoso and Defendant Complete Industrial Repair, Inc.'s Motion for Sanctions Against Plaintiff/Cross - Defendant Abel Nevarez. I. Background A. Pleadings Plaintiff Abel Nevarez sues Defendant Norberto Fregoso, Complete Industrial Repair, Inc., and Does 1-15 pursuant to a September 8, 2022 First Amended Complaint (FAC) alleging claims of (1) Breach of Written Contract, (2) Breach of Oral Contract, (3) Breach of Im...

Excerpt: ...inst Defendant Ven- Ghee Koh, an individual DBA Win Way Academy alleging damages of $37,862.48, with interesting continuing to accure on the past due rent. On May 18, 2023, default was entered against Defendant. On July 18, 2023, default judgment was entered against Defendant in the amount of $48,039.08. On January 5, 2024, Defendant filed a motion to set aside default and default judgment, which the court on January 30, 2024, the court denied wi...

Excerpt: ...¶¶ 20, 26.) A subsequent MRI revealed that Plaintiff suffered a stroke, causing central visual impairment, dysphagia, and cognitive and behavioral issues. (5AC ¶ 32.) On October 12, 2021, Plaintiff brought suit against the surgeon, Defendant Dale Prokupek, M.D. and Defendant Dale Prokupek, M.D., Inc. (“Prokupek”); anesthesiologist Defendant Michelle Dinh, M.D. (“Dinh”); and Defendant Soma Surgery Center, Inc. (“Soma”), where the en...

Excerpt: ...of documents/inspection demands to information/evidence that directly proves or disproves the elements of the causes of action pl ed in Plaintiff's Complaint, pursuant to CCP 2017.020, and/or (2) limiting or restricting the frequency/extent/number of requests for production of documents Plaintiff may utilize, pursuant to CCP 2019.030. Additionally, Food 4 Less requests an order imposing sanctions jointly on Plaintiff and her counsel of record, Ru...

Excerpt: ...arza (“Esparza”) filed the complaint in Case No. 22STCV21496 against Samantha Friedman (“Friedman”), Evan Wildstein (“Wildstein”), and Does 1 through 50 asserting causes of action for motor vehicle negligence and general negligence (the “Esparza Action”). Friedman and Wildstein filed their answers in August and October 2022. On September 13, 2022, Plaintiff City of Los Angeles (“City”) filed the complaint in Case No. 22STCV298...

Excerpt: ...hat Nissani's and Sarraf's personal guaranty agreements “are void because they are the product of forgery and were never agreed to by Nissani or Sarraf.” (Id., ¶ 32.) Defendants' motion relies on the incorrect premise that their proposed cause of action for cancellation of instruments is a compulsory crossclaim. If correct, that would limit the court's discretion to deny leave to amend. When a party fails to timely bring compulsory crossclai...

Excerpt: ...rdirossian Akaragian LLP Joinder by Defendant Gerald Kroll Tentative Ruling: The Motion for Leave to File a First Amended Complaint and First Amended Answer to the Cross -Complaint is denied. This is an action for declaratory relief. On April 4, 2023, Plaintiff Christopher Chong (Plaintiff or Chong) filed the instant action for declaratory relief, seeking – in relevant part – a judicial declaration that Mardirossian Akaragian LLP's (Defendant...

Excerpt: ... May 8, 2023. Plaintiff alleges the following facts. Defendant requested that Plaintiff supply fog lamps for electric vehicles. Plaintiff incurred expenses in manufacturing the fog lamps. However, Defendant delayed productio n of the vehicles and ultimately reneged on its agreement. Plaintiff demanded that it be compensated for the capital expenditures made in reliance on Defendant's order. Defendant first agreed to make installment payments, and...

Excerpt: ...rtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any plead...

Excerpt: ...Charity Brockman Trust Dated 9 -28- 07 Responding Party: Defendants Kravetz Capital Funding, LLC, Norman J. Kravetz and Diversified Business Operations BACKGROUND On December 22, 2023, Plaintiffs Connie Brockman a/k/a Constance Brockman (“Mrs. Brockman”), an individual and trustee of The Brockman Trust Dated October 24, 2000 (“Brockman Trust”), and trustee of the Provident Trust Group, LLC FBO: Connie Brockman Solo 401K (“Provident”);...

Excerpt: ...�Kull”); and Natasha Nathan (“Nathan”) (collectively “Defendants”), for wrongful termination and violations of the California Labor Code and the FEHA. Plain tiff alleges that Kull and Nathan discriminated against him because of his age. On July 22, 2022, Defendants moved to compel arbitration. The court granted the motion on August 17, 2022. The arbitration proceeded with JAMS. Arbitrator Zela G. Claiborne (Arbitrator Claiborne) issued ...