Excerpt: ...fendant's Demurrer. RULING: Motion for reconsideration is denied. SUMMARY OF ACTION Cross -Complainants Maurice Starrantino and Karen G. Starrantino (the Starrantinos or Cross - Complainants) are alleging that Cross-Defendant Triscenic Production Services, Inc. (Triscenic or Cross -Defendant) breached its lease agreement with Cross -Complainants. Cross - Complainants alleged that Triscenic breached the lease agreement by sub -letting property bel...

Excerpt: ...tion action. In the summer of 2016, Defendant Mt. San Antonio Community College District (Mt. SAC) hired Plaintiff Allison Oliver as a professor in its kinesiology department with an option for a tenured position after four years. Oliver also served as Mt. SAC's head volleyball coach. In September 2019, Oliver's union representative informed Oliver that Mt. SAC had received several complaints from student athletes that claimed Oliver had used cur...

Excerpt: ...KNOWN, Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property Described in this Complaint Adverse to Plaintiff's title, or any Cloud upon Plaintiff's Title Thereto; and DOES 1 through 20, inclusive for: 1. Breach of Fiduciary 2. Conversion 3. Fraud 4. Quiet Title 5. Common County —Money Lent On July 12, 2022, Plaintiff filed a Notice of Lis Pendens. On August 24, 2022, Defendant filed a Demurrer, which on Octobe...

Excerpt: ...Living Berryman Avenue LLC, and others. On January 11, 2024, Family Living Vineyard Avenue LLC, Family Living Avenue 53 LLC, and Family Living Berryman Avenue LLC (collectively, “Cross -Complainants”) filed a first amended cross -complaint (“FACC”) against Lindon Shiao, Cohaus LLC, Young Min Chun, and Sung Ki Min (collectively, “Cross -Defendants”). On February 9, 2024, Cross -Defendants filed a demurrer. REQUEST FOR JUDICIAL NOTICE C...

Excerpt: ...earings and posted on two prior occasions I. BACKGROUND A. Factual On June 29, 2023, Louis A. Sparks (“Plaintiff”) filed a complaint against Defendants, Willie Bell, Maura Bell, Maura Sparks, Earl L Coats, Davita Dialysis, Robert Sparks, Lois Sparks, Dennis Sparks, Wesslyn L. Hamilton, Edward E. Sarks. Matrae L. Sparks, M arcus O. Sparks, Joyce R. Sparks, Edelberto Ysaguirre, and Hilberto Ysaguirre (“Defendants”). The Complaint appeared t...

Excerpt: ...ollectively, “Plaintiffs”) The Court has considered the moving papers, opposition, and reply. BACKGROUND On October 13, 2023, Plaintiffs filed the original complaint (the “Complaint”) in the within case, alleging: (1) breach of implied contract of confidentiality; and (2) violation of California Financial Information Privacy Act. On January 5, 2024, the Moving Defendant filed a demurrer to the Complaint. On January 23, 2024, Moving Defend...

Excerpt: ...tion 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, Defendant Frank Macciola, an...

Excerpt: ...TY: Defendant Golden State Health Centers, Inc . RESPONDING PARTY: Plaintiff Melvin Rosales, individually and as heir and successor -in- interest to Enriqueta Raymond, decease d NOTICE: o k Demurrer is to the entire complaint : 1. Wrongful Death (Elder Abuse – Welfare & Institutions Code 15600, et seq.) 2. Violations of Elder Abuse Act (Welfare & Institutions Code 15600, et seq. – Survival Claim ) 3. Violations of Health & Safety Code 1430(b)...

Excerpt: ...ikian, DDS and Y2K Dentistry for medical malpractice. Plaintiff alleges Defendants failed to act within the standard of care when performing multiple dental treat ments on Plaintiff. Plaintiff previously filed an action against Defendants in Pary al Zahawi v. Jouriy Grkikian, et al. (Case No. 23VECV03478) on August 10, 2023. [TENTATIVE] RULING Defendants' Demurrer with Motion to Strike the Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. REQUEST FO...

Excerpt: ...The Motion to strike is granted. This case is an employment discrimination suit. Plaintiff Lawrence Ambrosio (Plaintiff) filed suit against his employers, Defendant Lithia Motors, Inc. and DCH Torrance Imports Inc. for (1.) discrimination based on sexual orientation, (2.) sexual harassment in violation of FEHA, (3.) retaliation in violation of FEHA, (4.) failure to prevent discrimination, harassment and retaliation in violation of FEHA, (5.) unpa...

Excerpt: ...WER TO THE SECOND AMENDED COMPLAINT WITHIN 20 DAYS OF THIS ORDER. Defendants Promises, Promises, Inc. and Eugene Michael Hardy's Motion to Strike Portions of the Second Amended Complaint is GRANTED WITHOUT LEAVE TO AMEND. ANALYSIS: Plaintiff Romex Textiles, Inc. (“Plaintiff”) filed the instant action for breach of contract and common counts against Defendants Promises, Promises, Inc. (“Defendant PPI”) and Eugene Michael Hardy (“Defendan...

Excerpt: ... Dai has sued her former attorneys, Defendants Feldman & Rothstein PC, Anthony Ranieri, Marsha Mao, the Law Office of Mauro Fiore and Krystal Royale. She alleges they engaged in wrongdoing in connection with a $50,000 settlement she received fro m the City of Santa Monica for a personal injury action arising out of a bus accident. Her complaint is not the model of clarity, and it is even unclear what causes of action she is asserting. Plaintiff f...

Excerpt: .... The Court entered judgment on May 8, 2023. On July 7, 2023, Defendant filed a motion for attorney fees. Defendant seeks $184,251.00 in attorney fees. A. The Motion is Not Premature. Plaintiff argues that the motion is premature because an appeal is pending. (Opposition at pp. 4- 5.) However, “the filing of a notice of appeal does not deprive the trial court of jurisdiction to award attorney fees as costs post trial. Although a prevailing part...

Excerpt: ...for injuries arising from a motor vehicle v. bicycle incident. On March 19, 2024, the Court granted Defendant's motion compelling Plaintiff to appear for a mental examination with neuropsychologist John T. Dunn, Ph.D., and ordered the parties to draft a stipulated protective order regarding disclosure and use of the r aw test data. (Min. Order, March 19, 2024.) On April 8, 2024, Plaintiff filed the instant motion for reconsideration of the Court'...

Excerpt: ...n 38.2 hours at a market rate of between $550 and $800 an hour with an enhancement/multiplier, for a total of 38.2 hours at $1,100 an hour for a subtotal of $42,020; plus an additional $7,150, representing a total 13 hours incurred and estimated at the lower end $550 an hour without enhancement for the time relating to the making of the motion for attorney's fees. Judicial Notice Robles requests the Court to take judicial notice of the follow...

Excerpt: ...aintiff) sues Defendants FCA US, LLC (FCA) and Does 1 through 30 pursuant to an April 26, 2021, Complaint alleging claims of (1) Breach of Written Warranty Pursuant to the Magnuson -Moss Act; (2) Breach of Implied Warranty Pursuant to the Magnuson -Moss Act; (3) Breach of Written Warranty Pursuant to the California Song -Beverly Consumer Warranty Act (SBA); and (4) Breach of Implied Warranty Pursuant to the SBA. The Complaint's claims arise from ...

Excerpt: ...red the moving, opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court rules on plaintiff Virginia Zamora's evidentiary objections, filed on May 7, 2024, as follows: Objections Nos. 1 -22 are overruled. DISCUSSION Plaintiff Virginia Zamora (“Plaintiff”) moves the court for an order awarding attorney's fees and costs in her favor and against defendant General Motors LLC (“Defendant”) in the tota...

Excerpt: ...oup was made in good faith is granted. Defendants Hasti Rahsepar and HDR Law Group [erroneously sued as HDR Law Group, Inc. ] (collectively, “HDR Parties”) (collectively, “Defendants”) move for a determination that the settlement between Plaintiff Jaydon Douglass Paull (“Paull”) (“Plaintiff”) and HDR Parties was entered into in good faith and that any present or future claims or cross-complaints by any other alleged joint tortfeas...

Excerpt: ...e motion. Background This case relates to a real estate loan transaction. The following facts are taken from the Complaint, and the Court accepts them as true for the purposes of the motion for judgment on the pleadings. Plaintiff is a disabled U.S. Veteran. In January 2022, Plaintiff decided to sell her home in Sacramento and move to Los Angeles. Plaintiff engaged Defendant to obtain financing for the purchase of a home in Los Angeles for Plaint...

Excerpt: ...on as to Greenfield's fourth cause of action for defamation against Sinclair. The Court DENIES the remainder of the motion. Background This case relates to a failed real estate transaction. On October 1, 2021, non -parties Negar Aref and Omid Pezeshkfar (together, “Sellers”) and Cross- Defendant Agnes Sinclair entered into a written Residential Purchase Agreement (“RPA”) for the purchase by Sinclair of a single-family residence located at...

Excerpt: ...t on the 405 Freeway. The complaint states that the accident occurred on October 3, 2020, but that must be a typographical error, as the complaint was filed in September 2020. On April 15, 2022, Richard Marc Zuker (“Zucker”) and Shaw Industries Group, Inc. (erroneously sued as Shaw Industries, Inc. (“Shaw”) filed an answer. Shaw demanded a medical examination of Plaintiff by an orthopedic specialist regarding injuries to her back. This ex...

Excerpt: ...efendants” or “Condons”) RESPONDING PARTY: Defendants/Cross -Complainants Ryan Culver Ealing and Adriana Velasquesz Vacca (“Defendants/Cross -Complainants” or “Ealing/Vacca”) NOTICE: OK RELIEF REQUESTED: An order granting Plaintiffs/Cross -Defendants leave to file their Third Amended Complaint. TENTATIVE RULING: The motion is DENIED. BACKGROUND This action arises out of a dispute between neighboring landowners regarding the existenc...

Excerpt: ...mation/evidence that proves or disproves the elements of the causes of action pled in Plain tiff's Complaint, pursuant to CCP 2017.020; and/or (2) limiting or restricting the frequency/extent/number of interrogatories Plaintiff may utilize, pursuant to CCP 2030.090(a) and 2019.030; and (3) by this motion, Defendant Alpha Beta Company dba Food 4 Less (Food 4 Less) challenges Plaintiff's declaration of necessity used to justify more than 35 interro...

Excerpt: ...er as to Category Numbers 2, 6, and 7. The Court DENIES Plaintiff's request for monetary sanctions. The deposition of the person most qualified for Polaris Industries, Inc. shall occur within 30 days of the Court's order. Polaris Industries, Inc. is ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND This is a products liability action. On November 15, 2022, plaintiff Sophia Soli (Plaintiff) filed this...

Excerpt: ...Housing Authority of The City of Los Angeles (“HACLA”) and Does 1 to 50 for damages arising from a workplace injury. Plaintiff alleges he was employed to perform soldering work on an elevator in Building 2 of the Jordan Downs Housing Project. While the elevator was positioned on the 6 th floor, Plaintiff fell six stories in free fall when the elevator suddenly fell and crashed to the 1 st floor. Plaintiff's First Amended Complaint (“FAC”)...