Excerpt: ...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 prejudice the first cause of action for harassment from the Complaint. From January 23 to 29, 2024, the Court held a jury trial in this matter. The Jury found in favor of Plaintiff and against Defendant on the sole cause of action for discrimination. The Jury found $700,000.00 in ...

Excerpt: ...ion. In October 2023, Defendant The Internet Auto Group, Inc. (IAG) advertised a 2021 Polestar 2 Launch Edition for sale online at a price of $31,930. Plaintiff Adam Dolce saw the advertisement for the vehicle and visited IAG . At IAG, a representative told Dolce that the cost of the vehicle would be $35,600 after sales tax, official fees, and document processing charges. After agreeing to purchase the vehicle for that price in cash, Dolce allege...

Excerpt: ...March 12, 2024, Plaintiff filed his Motion for Interlocutory Summary Judgment. In support of his Motion, Plaintiff concurrently filed: (1) Declaration of Abraham Carmona; (2) Separate Statement; (3) Proposed Order; and (4) Proof of Service. No opposition or other response has been filed to the Motion. ANALYSIS: I. Legal Standard “A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or ...

Excerpt: ...ecision. A. Statement of the Case 1. Complaint Plaintiff Bank filed the Complaint against Defendant Machado on December 19, 2023, alleging (1) claim and delivery and (2) money on a contract. The Complaint alleges in pertinent as follows. Machado entered into a written Contract in which Bank's assignor would finance the purchase of the Vehicle, which was collateral. At all relevant times, Bank has been the holder of a first priority security inter...

Excerpt: ... Coastal Pacific Food Distr ibutors, Inc. and at the time driven by its employe David Alcantar) that struck Zavala. On April 25, 2023, after multiple negotiations, Zavala's attorney, Eric S. Chun (and the Avrek Law Firm), called Travelers and said that Zavala accepted Travelers' $415,000 offer. (Complaint p. 4.) Later, however, Chun stated he essentially made a mistake and would need to “undo” the settlement. [1] Travelers denied the request,...

Excerpt: ... “Gibson”) is an artist. Defendant Jason Derulo (“Derulo”) is a musical artist signed with major record label Atlantic Recording Corporation (“Atlantic”). Derulo also owns the record label Future History, Inc. (“Future History”). In or around August of 2021, Derulo contacted Gibson about an opportunity to become a successful musician. Thereafter, Gibson entered into agreements with Derulo, Atlantic, and Future History for the purp...

Excerpt: ...tion, the underlying case settled. Defendant apparentl y submitted a lien on the underlying action, and seeks collection of certain fees and costs from the settlement. Plaintiff seeks to challenge the recovery, or at least the amount of recovery. On January 4, 2024, Plaintiff filed a complaint for Declaratory Relief. RULING: Overruled. 1st Cause of Action: Declaratory Relief Defendant O'Neil & Matusek challenge the declaratory relief claim on gro...

Excerpt: ...laint”) of Plaintiff Doe (“Doe”) (“Plaintiff”). (Notice Demurrer, pg. 1 . ) Meet and Confer Before filing a demurrer, the demurring party must meet and confer in person, by telephone, or by video conference with the party who filed the pleading to attempt to reach an agreement that would resolve the objections to the pleading and obviate the need for filing the demurrer. (C.C.P. §430.41(a).) Defendant's counsel filed a declaration stat...

Excerpt: ...ng tentative decision. A. Statement of the Case 1. The Petition On September 25, 2023, Petitioners Smatas and Lintz filed the verified Petition against Respondents City, Los Angeles Department of Building and Safety (“LADBS”), and the Board of Building and Safety Commissioners (“BBSC”). The Petition names Tanager and Berserker LLC (“Beserker”) as Real Parties-in -Interest and alleges claims for mandamus and declaratory relief. The Pet...

Excerpt: ...), Slavko Ivanci c (Slavko), Gerald Fitzgerald and Susan Fitzgerald on September 7, 2000 (LASC Case No. BC236431). The initial action was voluntarily dismissed in 2002. Plaintiff refiled the action on July 17, 2018 against John and Slavko. On September 6, 2018, Slavko filed his Answer, along with his Cross -Complaint against Gerald and Susan Fitzgerald. Slavko died on November 13, 2018. Slavko's estate was substituted in a s a defendant on July 2...

Excerpt: ...ng Agency initiative to provide affordable housing to middle income residents. The parties cooperated between June of 2000 and October of 2001 regarding the venture, communicating regularly, identifying properties to include in the program, working through municipal requirements, identifying bond financing, and setting up a $5 millio n line of credit. Defendants continued to make representations to Plaintiff concerning the ongoing efforts to secu...

Excerpt: ...ed to Andrew S. Faith, (“Decedent”), Michec and Emmanuel's father and Faith's former spouse. Defendant failed to pay the debt and now owes $273,000. II. ARGUMENTS Defendant argues that Plaintiff Faith lacks standing to pursue a debt owed to decedent based on a claim for open book account. Plaintiff has not stated a claim on behalf of the estate nor has she been appointed as a representative of the decedent's estate. Plaintiff did not attach t...

Excerpt: ...F REQUESTED Defendant demurrers to Plaintiff's complaint. BACKGROUND This case arises out of Plaintiff John Doe's (“Plaintiff”) claim that he was the victim of childhood sexual assault during 1972 and 1973. Plaintiff filed this complaint pursuant to Code of Civil Procedure section 340.1 on July 29, 2022. TENTATIVE RULING Defendant's demurrer to Plaintiff's complaint is OVERRULED. LEGAL STANDARD A general demurrer may be taken to a complaint w...

Excerpt: ...dants Skylark Capital Management, LLC, Zachary Vella, and Vella Group, LLC Demurrer to the 1 st –10 th and 12 th–15 th causes of actions in Cross -Complainant Tree Lane LLC's Cross - Complaint, without motion to strike is OVERRULED. Cross -Complainant Tree Lane, LLC sufficiently pleads all the elements of the 1 st –10 th and 12 th–15 th causes of actions as to Cross -Defendants Skylark Capital Management, LLC, Zachary Vella, and Vella Gro...

Excerpt: ...ormance; (2) breach of contract; (3) bad faith waste; (4) fraud – intentional misrepresentation; (5) negligent misrepresentation; (6) tortious interference with contract, prospective business advantage; (7) breach of implied covenant of good faith & fair dealing; and (8) declaratory relief against Defendants DH Distribution, Inc. (“DH”); Sergey Menshikov (“Sergey”), Beverly Hi lls Escrow (“BHE”), Lucy Menshikova (“Lucy”), and La...

Excerpt: ...3. San Van alleges that the purchase included the business defendants ran at the property, defendants' Industrial Hemp Cultivation License and three separate APNs: 23348030005, 23348029003, 23348005003. It is alleged that Defendants retained Plaintiff's initial deposit of $700,000 after the purchase fell apart. The complaint contains ten causes of action: (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (...

Excerpt: ...TY DAYS LEAVE TO AEMND as to each of the causes of action in the complaint. The motion to strike is GRANTED WITH TWENTY DAYS LEAVE TO AMEND as to the prayer for punitive damages. BACKGROUND On October 17, 2023, plaintiff Lillian Smith Sr. (self -represented) filed a complaint against Danny Reyes, in his individual capacity. The Court has been asked by Defendant to take judicial notice of an action styled Lillian Smith Sr. v. Danny Reyes, Case No....

Excerpt: ...murrer is sustained with leave to amend; motion to strike granted SUMMARY OF ACTION On March 13, 2022, Plaintiff Jacob Alvarado (Plaintiff) purchased a new 2022 Honda Insight. (Comp., ¶ 8.) Plaintiff received a New Vehicle Limited Warranty in connection with the purchase of the vehicle from Defendant American Honda Motor Co., Inc. (Defendant). (Comp., ¶ 9.) Plaintiff alleges that the vehicle was equipped with a defective computerized driver -as...

Excerpt: ...Complaint is sustained. The grounds for sustaining the demurrer support a complete stay of the action for reasons noted below. PNC Bank, N.A.'s Motion to Strike Portions of First Amended Complaint is moot. Background Plaintiff's Complaint was filed on March 17, 2023. Plaintiff's First Amended Complaint was filed on April 20, 2023. Plaintiff alleges the following facts. Plaintiff Zula Tucker Living Trust Dated September 15, 2006, Fred Tucker, Trus...

Excerpt: ...lifornia demur against the third cause of action in Plaintiff's first amended complaint (“FAC”). Defendant Henry Mayo Newhall Memorial Hospital demurs against the entire FAC. TENTATIVE RULING: Both demurrers are sustained with 30 days leave to amend. The Plaintiff's late filed opposition was not considered. BACKGROUND This is a medical malpractice action in which Plaintiff alleges that on 4/26/22, during a colectomy procedure, his doctor, Def...

Excerpt: ...Creditor filed the instant Motion for Assignment Order on June 21, 2023. The Motion came for hearing on September 14, 2023 and was continued for further briefing. (Min. Order, 09/14/23.) Judgment Creditor filed a supplemental declaration on Octobe r 16, 2023. The Motion was originally set for hearing on November 9, 2023 and continued with notice to November 27, 2023. (Min. Order, 11/09/23.) The hearing on December 6, 2023, the Court again continu...

Excerpt: ... filed this action against Defendants, Mercedes -Benz, USA LLC and Keyes European LLC, for violations of the Song- Beverly Consumer Warranty Act. On October 27, 2021, the court granted Defendants' motion to compel arbitration. The case was stayed pending binding arbitration. On July 11, 2023, the parties settled the case. Defendants stipulated that Plaintiffs would be the prevailing party for the purposes of seeking attorney's fees and costs by m...

Excerpt: ...d. • 06/08/22: First Amended Complaint filed. • 07/08/22: Cross-Complaint filed. • 10/23/23: Second Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for fraud and breach of contract arising out of a commercial lease dispute. Defendants demur to the Second Amended Complaint and move to strike portions of the Complaint. TENTATIVE RULING: Defendants' Demurrer to the Second Amended Complaint is OVERRULE...

Excerpt: ...h her Guardian ad Litem, Melvy Cardona; Michael Carbajal, a minor by and through his Guardian ad Litem, Melvy Cardona, Bella Rodriguez, a minor by and through her Guardian ad Litem, Melvy Cardona, Chanel Carbajal, a minor by and through her Guardian ad Litem, Melvy Cardona; and Mason Cardona, a minor by and through his Guardian ad Litem, Melvy Cardona filed a complaint against SFV Portfolio – 14732 Blythe Owner, LP and 14732 Blythe Associates, ...

Excerpt: ...tiffs”) filed this action against defendant Anthony Dwain Stanford (“Defendant”) for damages arising out of a motor vehicle accident. Defendant now moves for an order for leave to conduct a neuropsychological examination of Plaintiff Marena with George K. Henry, Ph.D./ABPP -CN (“Dr. Henry”) at 11601 Wilshire Blvd., 5th floor, Los Angeles, California 90025. Defendant avers that the parties do not dispute that Plaintiff Marena has placed ...

Excerpt: ... received. The court GRANTS defendant's motion to deem admitted Requests for Admission (Set One). The court deems admitted the truth of the matters set forth in Requests for Admissions (Set One) to plaintiff Armani Marsalis Gates I. The court GRANTS defendant's request for monetary sanctions against plaintiff Armani Marsalis Gates I in the reduced amount of $540.00. The court orders plaintiff Armani Marsalis Gates I to pay $540.00 to defendant Le...

Excerpt: ...Angeles, erroneously sued as Los Angeles County Sheriff's Department, filed an answer to the complaint. On June 20, 2023, Defendant Reta filed an answer to the complaint. On March 4, 2024, Plaintiff filed this motion to continue trial. On March 19, 2024, Plaintiffs Dalton and Lee filed an amended motion. Defendants Los Angeles County Sheriff's Department and Ricardo Reta (collectively “Defendants”) filed an opposition on Ap ril 2, 2024. Legal...

Excerpt: ...ud claim. Clark alleges that the Reibers misrepresented that the financials had been prepared in accordance with Generally Accepted Accounting Principles (GAAP), that the financials were accurate, that Accounts Receivable (AR) was accurate, and that the financials supported the belief that there was a positive cash flow and the company would not require additional capital investment by Clark. These misrepresentations are alleged to have caused Cl...

Excerpt: ... Authority (“LAHSA”), State of California (“State”), Sportsmen's L odge Owner, LLC (“Owner”), Midwood Management Corp. (”Management”), and Does 1 through 100, asserting causes of action for negligence, violation of Government Code sections 815.2(a) and 820(a), and dangerous condition of public property, arising out of a slip and fall incident on March 15, 2021. County filed its answer on July 7, 2022. Owner and Management filed th...

Excerpt: ..., 2023, Kasra Shayan aka Sina Masoumi (“Plaintiff”) filed the operative Complaint against Ahmadreza Rastegarrazi (“Rastegarrazi”), Mehre Iran Today (“Mehre”), Ahmadreza Rastegarrazi, Dani Gonzalez, and Optima Financial Ventures Inc. (“Optima”), asserting four causes of action for: (1) Breach of Contract; (2) Fraud; (3) Misrepresentation; (4) Negligent Misrepresentation; and (5) Unjust Enrichment. On November 29, 2023, Plaintiff fi...

Excerpt: ...t one, on plaintiff Saeid Saghian (“Plaintiff”) on December 18, 2023. After receiving no responses, defense counsel sent email correspondence request ing responses on or before January 31, 2024. Plaintiff has failed to serve responses to date. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Any opposition was due on or before April 2, 2024; the motion i...

Excerpt: ...ndon (“Plaintiff”) The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiff filed the Complaint in this action against Defendant on April 4, 2023 for violations of the Unruh Civil Rights Act. The Complaint alleges in relevant part that Defendant denies blind individuals equal enjoyment of and access to the products, serv ices, privileges, advantages, and accommodations and information made available through its w...

Excerpt: ...aw action filed on May 31, 2023. Plaintiff purchased a 2020 Honda Odyssey which developed defects in numerous core systems. Plaintiff moves to compel further responses to requests for production (set one) propounded to Defendant. TENTATIVE RULING: Plaintiff's Motion to Compel Further Responses to Requests for Production is GRANTED. Defendant is ordered to produce verified, code -compliant responses without objections to the requests as propounded...

Excerpt: ... Civ. Proc. § 2031.010, subd. (a).) The responding party must respond to the production demand either by complying, by representing that the party lacks the ability to comply, or by objecting to the demand. (Code Civ. Proc., § 2031.210.) The demanding party may move for an order compelling further response to the demand if the demanding party deems that (1) a statement of compliance with the demand is incomplete, (2) a representation of inabili...

Excerpt: ...position, and reply papers. RULING The motion is DENIED WITHOUT PREJUDICE. BACKGROUND On December 22, 2022, plaintiff Cynthia A. Blanks, as trustee of The Cynthia A. Blanks Revocable Trust #2 and as trustee of The Seanjay Ramanand Sharma Revocable Trust filed a complaint against Devanand Sharma aka Frank Martini (and nominal defendants 4200 West Century Associates, 4229 West 101 st Street Associates, and 4223 Associates) for (1) declaratory relie...

Excerpt: ...r BD555455. Specifically, the Complaint seeks a court order requiring Defendant Roberto Coca Limon (Defendant) to perform on the family law judgment – which requires that the real property located at 3234 Adriatic Avene, Long Beach, CA, 90810 (Property) be either refinanced or sold (in which case, Defendant is to pay half the proceeds of the sale of the Property to Plaintiff Emelia Mercado). On March 10, 2020, a Notice of Lis Pendens with this ...

Excerpt: ...roup, a Nevada Limited Company (SBE), KBM Holdco, LTD., a British Virgin Island Company, and KBM Operating LTD.., a Bahamas Company for Breach of Oral Contract, Breach Of Implied - In fact Contract, Breach of Written Contract, Unjust Enrichment, Money Had And Received, Accounting, and Declaratory Relief. On January 16, 201`9, the court sustained the demurrer of SBE t o the fourth cause of action without leave to amend, and the granted the motion ...

Excerpt: ...ed,” asserts 50 causes of action against Defendant Kohls Department Stores, Inc., and various other Defendants. Defendants Kohl's, Inc., Michelle D. Gass, Louis Bellassai, and Le Dabney now move to quash service of the summons and complaint. Plaintiff opposed. TENTATIVE RULING Specially-Appearing Defendants' Motion to Quash Service is GRANTED. Specially-Appearing Defendants' Motion to Dismiss Under CCP §§ 583.410 and 583.420 is DENIED WITHOUT...

Excerpt: ...nst Defendant Hay Tanning on a cause of action for harassment. On September 14, 2023, the Court: (1) granted Specially - Appearing Defendant's motion to quash service; and (2) quashed Plaintiff's service of summons. On March 11, 2024, Plaintiff filed Judicial Council Form POS -010, Proof of Service of Summons. On March 21, 2024, Specially-Appearing Defendant filed his Motion to Quash Service (“Second Motion to Quash”). In support of his Secon...

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: ...ty: None. Motion to Seal The Court considered the moving papers. No opposition has been filed. Background On January 13, 2023, Plaintiff Ben Myerson Candy Co., Inc. dba Wine Warehouse (“Plaintiff”) filed the operative Second Amended Complaint (“SAC”) against Defendant Devoto - Wade LLC dba Golden State Cider (“Defendant”), and DOES 1-10, inclusive for: (1) Breac h of Contract and (2) Common Count in Quantum Meruit. On December 13, 202...

Excerpt: ...laintiff filed the operative First Amended Complaint (“FAC”), alleging causes of action for (1) failure to pay overtime wages, (2) failure to pay terminated or quitting employee, (3) unfair business practices, (4) failure to pay expe nse reimbursement. On October 3, 2023, Plaintiff filed an Amendment to Complaint substituting Tobi Sackheim for “Doe 1.” On January 23, 2024, default was entered against Tobi Sackheim. Tobi Sackheim now moves...

Excerpt: ... Hearing Date: 4/15/24 Trial Date: N/A [TENTATIVE] RULING RE: Defendants Rafael Davila Madrigal and Alicia Brisila Davila's Motion to Set Aside/Vacate Judgment and Stay Writ of Execution and Request for Court Order to Set a New Hearing Date. I. Background A. Pleadings, Judgment, and Writ of Possession On September 19, 2023, Plaintiff Union Mutualista de San Jose (Union Mutualista) initiated this unlawful detainer (UD) action against Union Mutuali...

Excerpt: ...s to the prayer for relief for punitive damages, and GRANTED WITH LEAVE TO AMEND as to Paragraphs 31 and 38 of the complaint. BACKGROUND On January 5, 2024, plaintiff Julia Marie Farris (“Plaintiff”) filed a complaint against defendants Chung Hwang, individually and as trustee of the Hwang Family Trust, Candice Avila, Wense F. Hwang, individually and as trustee of the Hwange Family Trust, and Pinnacle Property Management (collectively, “Def...

Excerpt: ...ha Bain, and Raydell Latrent Patterson (collectively “Plaintiffs”) filed a breach of habitability action against Defendants 5505 Ackerfield Apts LLC (“Ackerfield”), AJJ2020 LLC (“AJJ20202”), Masuda Investments LLC (“Masuda”), asserting four causes of action for (1) Failure to Provide Habitable Dwelling, (2) Breach of the Covenant and Right to Quiet Enjoyment and Possession of the Property, (3) Nuisance, and (4) Negligence. On Nove...

Excerpt: ...RUCTION CORP. (“Burner Construction”), BENJAMIN THOMAS CALHOUN (“Calhoun”), an individual, JON WILLIAM HOSEA, an individual, and DOES 1 THROUGH 50, Inclusive, (collectively, “Defendants” and/or “Defendant”): Defendants were recklessly driving and caused a collision with Plaintiffs' vehicle. Defendants were “h igh-beaming” and overtaking one another when they lost control of their vehicles and caused the crash. On July 7, 2021,...

Excerpt: ...e exclusively regulated by the FDA, not the states or private enforcers. In opposition, Defendants argue that the motion misstates their position: Instead, they are arguing that the Prop 65 warnings are compelled speech in violation of the First Amendment and that Prop 65 conflicts with federal law which preempts it. This motion was filed October 25, 2022. The opposition was filed November 3, 2022. On December 5, 2022, Judge Beaudet granted the m...

Excerpt: ... due to the COVID -19 pandemic. On August 19, 2022, Plaintiff Jane Doe filed the operative Complaint against Defendants LAUSD and Does 1 -60 for (1) childhood sexual abuse, (2) intentional infliction of emotional distress (“IIED”), (3) negligent hiring, supervision, and retention, (4) fai lure to report suspected child abuse, (5) negligent supervision of a minor, and (6) negligence. Plaintiff alleges that when she was a minor attending middle...

Excerpt: ...ard issued on January 12, 2024. (Pet, ¶ 8(a); Attachment 8(c). No opposition to the petition was filed.¿ 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 respondents all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” (Code Civ. Proc., § 1285 .) “A petition under this ...

Excerpt: ...on January 28, 2022. Guerrero and S&G (collectively, “Defendants”) filed their answer on March 30, 2022. Plaintiff served a notice on July 13, 2023, for the deposition of S&G, and then subsequently served a First Amended Notice, a Second Amended Notice, and eventually a Third Amended Notice. (Dembowski Decl., ¶¶ 4-7 & Exhs. A -D.) In the Third Amended Notice, Plaintiff identifies six topics of examination and includes six document requests....