Excerpt: ... Plaintiff for failure to comply with the Court's prior discovery order. On November 20, 2023, Visconti filed a motion to set aside the orde r of June 1, 2023 on the ground that the order is void because the court lacked jurisdiction to consider Pinto's motion to expunge lis pendens, and she never had notice of the hearing. On January 3, 2024, Visconti filed a motion to set aside the order of December 4, 2023 on the ground that the order is void ...

Excerpt: ...t of Quiet Enjoyment, (4) Breach of the Implied Warranty Of Habitabili ty - Civ Code §1941.1, (5) Intentional Infliction of Emotional Distress, (6) Intentional Misrepresentation (Civ Code§1709), (7) Abuse of Process, (8) Landlord Retaliation (Civ. Code § 1942.5), (9) Violation Of Bus. & Prof. Code § 17200 et. seq., Unlawful, Fraudulent and Unfair Business Acts and Practices, and (10) Negligence. Plaintiff now seeks leave to file a proposed Fi...

Excerpt: ...ant the State Bar of California's Demurrer to Plaintiff's Third Amended Complaint [CRS# 9758]. I. Background A. Pleadings Plaintiff Jinwoo Park sues Defendants Keith K. Kim, John P. Yasuda, Herb Fox, Joseph Walsh, all his former criminal defense attorneys, and the State Bar of California pursuant to a November 1, 2023, Third Amended Complaint (TAC) alleging an undefined cause of action that is alleged not to be “legal malpractice” but is alle...

Excerpt: ...Wei”), Yi Zhang Zhou (“Zhou”), 1\ 61 Alice St. Arcadia LLC (“161 Alice LLC”), and 9416 Broadway LLC (“9416 Broadway\ ”) asserting causes of action for breach of contract, breach of fiduciary duty, aiding and abetting the breach of fiduciary duty, fraud, unjust enrichment, and constructive trust. Plaintiff alleges he owned interests in property loc\ ated at 161 Alice Street in Arcadia, California (the “Alice Property”), \ and 941...

Excerpt: ...s. Pech alleged that Morgan breached the parties' written retainer agreement by failing to pay all amounts owed, which had reached $525,914.90 at the time of Pech's withdrawal as attorney in an underlying trust litigation matter. Plaintiff Pech's Second Amended Complaint alleged causes of action for (1.) breach of written contract, (2.) account stated, (3.) false promise, (4.) intentional misrepresentation, (5.) quantum meruit, (6.) breach of ora...

Excerpt: ...ey bought a new 2022 Tesla Model X from Defendant Tesla, Inc. Plaintiff alleges that he delivered his Tesla seventeen (17) times to Tesla to repair multiple defects. (Compl. ¶ 16.) Plaintiff claims Tesla was unable to service or repair the car to conform to the applicable express warranties after a reasonable number of attempts. And Tesla failed to promptly r eplace the car or make restitution to Plaintiff. ( Id. ¶ 17.) The operative complaint ...

Excerpt: ...osts are TAXED by $6,887.55. Costs are AWARDED in favor of Plaintiff and against Defendant in the total amount of $19,608.42. BACKGROUND: On September 29, 2021, Plaintiff Edward Prokop filed his Complaint against Defendant City of Los Angeles on causes of action of harassment and discrimination in violation of the Fair Employment and Housing Act (“FEHA”). On December 20, 2023, by request of Plaintiff, the Clerk's Office dismissed without prej...

Excerpt: ...its city truck colliding with Plaintiff Conejo's (“P”) trailer. P was a passenger in the truck towing the damaged trailer and claimed physical injury from the collision. A 4 day jury trial was held in January 2024 solely on the issues of causation of P's alleged personal injury damages and the quantity of those damages. On 1/24/24 the jury returned a verdict for P in the amount of $64,250 (comprised of past and future medical expenses and pas...

Excerpt: ...to Plaintiff because an account was stated in writing by and between the parties in which it was agreed that Defendant was indebted to Plaintiff. Plaintiff alleges that the claim is based on account number ending in - 2838 for the sum of $33,955.07 by which Defendant has been unjustly enriched. The complaint, filed March 21, 2023, alleges a single cause of action for common counts. On July 7, 2023, Defendant (in propria persona) filed an answer. ...

Excerpt: ...: Plaintiff Aeris Nicole De Leon alleges that on September 6, 2021, while plaintiff was a pedestrian, defendant Marco Soto Acevedo, while driving defendant's vehicle, negligently ran through an intersection and collided into plaintiff's body causing plaintif f to be injured. The complaint also alleges a claim for negligence per se, alleging that the injuries suffered by plaintiff were an occurrence the nature of which state statutes and regulatio...

Excerpt: ...December 20, 2022, Plaintiff, Los Angeles Apparel, Inc. (“Plaintiff”) filed a Complaint against Defendant, Domestic Medical Supply Coalition LLC and DOES 1 through 50. The Complaint alleges a cause of action for: (1) Breach of Contract; (2) Common Count s. The Complaint is based on allegations that Plaintiff and Defendant entered into a written purchase order requests and invoices, whereby Defendant would purchase gowns and masks made by Plai...

Excerpt: ...(SBS), Bryan Russolesi, Daymon Harris, Barbara Chiling, and Timothy Glasserand for (1) Violation of CC 2924.11 (d); (2) Breach of Contract; (3) Unfair Business Practices in Violation of Business and Professions Code §§ 17200 et seq.; (4) Tortuous Interference with Prospective Economic Advantage; (5) Interference with Contract; (6) Quiet Title. (7) Declaratory Relief; (8) Temporary an d Permanent Injunction; (9) Fraud; (10) Wrongful foreclosure ...

Excerpt: ...after all pleadings are completed (the case is “at issue”) and new information requires a change in the nature of the claims or defenses previously pleaded. (See Dye v. Caterpillar, Inc. (2011) 195 Cal.App.4th 1366, 1380.) “The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified. Leave to amend should be denied only where the facts are not in dispute, and the nature of the plainti...

Excerpt: ...t Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for partition of a parcel of real property and for fraud, conversion, and breach of fiduciary duty. Plaintiff alleges that Defendant induced him to loan money for the purchase of the property to operate it as a dispensary. Plaintiff moves for terminating sanctions. Plaintiff also moves for summary judgment. TENTATIVE RULING: Plaintiff's Motion for Termina...

Excerpt: ...y Injunction Moving Party : Petitioners Save Weddington, Inc., Studio City Residents Association, and Save Los Angeles River Open Space Responding Parties : Respondent City of Los Angeles; Real Parties in Interest Harvard- Westlake School and 4141 Whitsett LLC T/R: PETITIONERS' REQUEST FOR A PRELIMINARY INJUNCTION OR STAY STOPPING ALL APPROVALS, SITE PREPARATION, AND CONSTRUCTION ACTIVITIES IS DENIED. THE PARTIES ARE ASKED TO ADDRESS AT ARGUMENT ...

Excerpt: ...y Injunction Moving Party : Petitioners Save Weddington, Inc., Studio City Residents Association, and Save Los Angeles River Open Space Responding Parties : Respondent City of Los Angeles; Real Parties in Interest Harvard- Westlake School and 4141 Whitsett LLC T/R: PETITIONERS' REQUEST FOR A PRELIMINARY INJUNCTION OR STAY STOPPING ALL APPROVALS, SITE PREPARATION, AND CONSTRUCTION ACTIVITIES IS DENIED. THE PARTIES ARE ASKED TO ADDRESS AT ARGUMENT ...

Excerpt: ...t in order to ensure the orderly administration of justice. (Code Civ. Proc., §§ 128, 187; Rutherford v. Owens- Illinois, Inc. (1997) 16 Cal.4th 953, 967 [“It is also well established that courts have fundamental inherent equity, supervisory, and administrative powers, as well as inherent power to control litigation before them.”].) ANALYSIS Defendants 730 N. La Cienega, LLC, Koi LP, Nick Haque, 734 LCB, LLC, and Koi Group, Inc. move to sta...

Excerpt: ...tion. TENTATIVE RULING : Summary judgment is DENIED. Summary Adjudication is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff John Doe (“Plaintiff”) has brought a suit for the alleged dissemination of his HIV status by Dr. Joshua Rice while he was a patient at the hospital. Specifically, while a colleague and friend were visiting, Dr. Rice and Good Samaritan staff walked into the room with all three, including Plaintiff, and ...

Excerpt: ...rtainment LLC, et al. for damages arising from a trip and fall at SoFi stadium. Defendants Kroenke Sports & Entertainment LLC; Stadco LA, LLC; Pincay RE, LLC; and Chargers Football Company, LLC filed their motion for summary judgment/adjudication as to Plaintiff's operative complaint. The hearing on the motion is set for April 26, 202 4. Defendant Contemporary Services Corporation filed its separate motion for summary judgment against Plaintiff's...

Excerpt: ...RY JUDGMENT AGAINST PLAINTIFF JUAN ASPUIRO IS GRANTED. 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. No opposition has been recieved. BACKGROUND On May 11, 2022, Plaintiffs Robert Green, et al. filed a complaint against Defendant SR...

Excerpt: ...ac”), Elena Nikolayevna Koroteeva (“Koroteeva”), and Does 1 through 20, inclusive (collectively “Defendants”), asserting five causes of act ion for (1) Breach of Contract; (2) Breach of Guaranty; (3) Conversion; (4) Restitution Based on Unjust Enrichment; and (5) Money Had and Received. On September 13, 2023, the Court entered default against Koroteeva. On February 7, 2024, Plaintiff filed the instant motion for summary judgment or summ...

Excerpt: ...he moving papers. There was no opposition filed. Plaintiff filed an unauthorized supplemental brief in support of the Motion for Summary Judgment/Adjudication. The Court does not consider Plaintiff's unauthorized supplement brief, which contains new evidence. Plaintiff's Motion for Summary Judgment is GRANTED. Background Plaintiff leased commercial property to Defendant DZLA, LLC. Plaintiff served Defendant with three 10 -day Notices to Cure or Q...

Excerpt: ...24 REPLY: 5 April 2024 TENTATIVE: Defendants' Motion for Summary Judgment or, in the alternative, Summary Adjudication is denied. Defendants to give notice. BACKGROUND This action arises out of the purchase by John O'Boyle (“Plaintiff”) of a 2019 Porsche 911 GT3 RS (“Subject Vehicle”) from Defendant, Motorcars West, LLC dba The Auto Gallery (“Dealer”). The Complaint alleges that on March 1, 2018, Plaintiff entered into a Delivery Posi...

Excerpt: ...f Milad Nowrozani (Plaintiff) filed this action against Defendant Anthony Chiang (Defendant) and other defendants on February 24, 2023. Plaintiff alleges that Defendant tricked Plaintiff into wiring him $28,000.00. Plaintiff believed that he was ge tting an Audemars Piguet watch, but Defendant never delivered the watch to Plaintiff, and Plaintiff now believes that the watch never existed. Defendant filed an answer in pro per on April 4, 2023. Sin...

Excerpt: ... · 2nd Cause of Action for Fraud, Deceit, and Misrepresentation · 3rd Cause of Action for Breach of Contract · 4th Cause of Action for Intentional Infliction of Emotional Distress · 5th Cause of Action for Negligence · 6th Cause of Action for Negligent Hiring, Supervision, or Retention of Employee · 7th Cause of Action for Breach of Business and Professions Code § 17200 · 8th Cause of Action for Breach of Civ. Code § 1942.4 · 9th Cause ...