Excerpt: ...of Cross-Complainant Shan C. Kou to Requests for Production, Set One; and Requests for Sanctions for $3,310. (1983) 2. Motion to Compel Response of Cross-Complainant Shu C. Kou to Requests for Production, Set One; and Requests for Sanctions for $3,310. (1129) The court considered the moving, opposition, and reply papers. 1. Motion to Compel Response of Cross-Complainant Shan C. Kou to Requests for Production, Set One is GRANTED. Requests for Sanc...

Excerpt: ...he pleading or via proper 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...

Excerpt: ...erties Inc. and Cassandra Chase, and on August 3, 2023, it filed a first amended complaint (“FAC”). On November 13, 2023, Defendants filed a demurrer, and on November 15, 2023, they filed a motion to strike. REQUEST FOR JUDICIAL NOTICE Defendants ask the Court to take judicial notice of the records of 2633 Manning Cheviot Hills LLC v. Cassandra Chase and Chase N' Properties Inc. (Case No. 19LBSC03130). The request is granted. Plaintiff asks t...

Excerpt: ..., CA 90036. Defendants Steve Hoffman, an individual, and Steve Hoffman, as Trustee of the Karl and Pearl Family Living Trust, operate and manage the complex. Plaintiff alleges a water leak caused mold in her unit that went unremedied by Defendants. Defendants now demur to the Second, Third, Fifth, Sixth, Seventh, and Eighth Causes of Action. Defendants also move to strike allegations pertaining to punitive damages. Plaintiff opposed both motions....

Excerpt: ...rovided negligent drawings, plans, specifications, safety instructions, and designs for Plaint iff to use in constructing a building. As a result, the building Plaintiff was working on collapsed, causing him to sustain grave injuries. His wife sues for loss of consortium. 2. Motion to Compel Plaintiffs propounded RPDs, FROGs, and SROGs on Defendant, Kern Steel Fabrication, Inc. on 8/04/23. Defendant obtained extensions of time to respond, and ult...

Excerpt: ... been entered on Blackley's cross -complaint. Burnham alleges that while they were a couple they purchased real property together (Palm Property). Burnham alleges it was purchased jointly, but that she learned in 2014 Blackley was the only one on title. This is the second demurrer to the Complaint. On August 31, 2023, the Court sustained the demurrer to the first, second, fourth, fifth and sixth causes of action and overruled the demurrer to the ...

Excerpt: ...t considered the moving, opposition, and reply papers. RULING The demurrer to the first cause of action in the complaint is SUSTAINED WITH TWENTY DAYS LEAVE TO AMEND. The motion to strike is GRANTED WITH TWENTY DAYS LEAVE TO AMEND as to the first cause of action and prayer at no. 1 for attorney's fees and prayer at no. 3 for punitive and exemplary damages. BACKGROUND On May 11, 2022, plaintiff Paula Renee Pruitt filed a complaint against Providen...

Excerpt: ...RESPONDING PARTY: Plaintiff Jane Doe (“Plaintiff”) The Court has considered the moving, opposition, and reply papers. BACKGROUND This is an action for invasion of privacy and sexual battery. The Third Amended Complaint (TAC) alleges that Plaintiff was required by her employer, Michelson Laboratories, Inc., to undergo a drug test and physical examination at Defendant Southern Califor nia Immediate Medical Center's facility. (TAC ¶¶ 9–10.) ...

Excerpt: ...rtainty is overruled. The demurrer is sustained with leave to amend as to the seventh cause of action for fraud and deceit, eighth cause of action for negligent misrepresentation, ninth cause of action for quiet title by adverse possession, and tenth cause of action for quite title by easement by prescription. Defendant Rebecca's motion to strike is granted with leave to amend. Plaintiffs are granted 30 days leave to amend. The court sets the OSC...

Excerpt: ...C filed this action (Case No. 22STCV28077) against Green Court Investors LP, Infinity Plumbing Inc., Marco Marquez, and Maria Carmen Marquez. On July 20, 2023, Infinity Plumbing Inc. and Marco Marquez filed a first amended cross - complaint (“FACC”) against Green Court Investors LP, KLS Financial LLC, and Kim Shapiro. On August 2, 2023, Green Court Investors LP, KLS Financial LLC, and Kim Shapiro filed a demurrer and motion to strike Infinity...

Excerpt: ...use 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, Defendant Frank Mac...

Excerpt: ...�) (jointly, “Plaintiffs”) filed the instant collateral action against Defendants Jong Han Lee (“Jong”), Bow Tie Realty and Investment, Inc. (“Bow Tie”), RSM Properties , Inc. (“RSM”), Michael I. Kim (“Kim”), Unity Escrow, Inc. (“Unity”), Ticor Title Company of California (“Ticor”), and Douglas Chadwick Biggins (“Biggins”) (collectively, “Defendants”). The Complaint asserts the following six causes of action: (...

Excerpt: ... LLC (“Defendant,” “CCM,” or “Consequent”) in “the sum o f $448,000.00, with prejudgment interest, costs and attorneys' fees in amounts to be determined through post- trial proceedings.” (January 30, 2024 Judgment.) Plaintiff now moves to recover $89,800 in attorneys' fees pursuant to Code of Civil Procedure section 2033.420 based on Defendant's failure to admit that it owed Plaintiff $448,000 in response to Plaintiff's requests f...

Excerpt: ...ted. On February 25, 2022, Plaintiff Nataly Consuelo (Plaintiff) filed a Complaint alleging 14 employment -related causes of action stemming from an alleged assault, including, but not limited to, harassment, discrimination, retaliation, failure to engage in the interactive process, failure to provide a reasonable accommodation, wrongful termination, and whistleblower retaliation. On October 11, 2023, the parties – Defendants Lyneer Staffing So...

Excerpt: ...sion that was filed on August 22, 2023. Plaintiff alleges that Defendant's principal misappropriated confidential and sensitive personal information belonging to Plaintiff's claimants. Plaintiff moves for entry of default judgment and for a permanent injunction. TENTATIVE RULING: Plaintiff's Motion for Entry of Default Judgment and Permanent Injunction is CONTINUED for hearing on June 3, 2024 at 9:00 a.m. Plaintiff is directed to submit at least ...

Excerpt: ...on and against Defendant Verb Technology Company, Inc. On February 23, 2024, Plaintiff filed a Motion for Extension of Time to File Attorney Fee Motion and Cost Memorandum. Plaintiff seeks relief under Code of Civil Procedure section 473, subdivision (b) and the Rules of Court. A memorandum of costs must be filed on or before the earliest of (A) 15 days after a written Notice of Entry of Judgment, or (B) or within 180 days after entry of judgment...

Excerpt: ...efendants, Joshua Driskell, Primuth Driskell & Terzian LLP, and Lagerlof LLP, in November 2018 to represent Plaintiff in the underlying probate action filed as 18STPB11264 in the County of Los Angeles. On July 26, 2023, Plaintiff filed the operative Third Amended Complaint (TAC) alleging causes of action for (1) Legal Malpractice/Negligence, (2) Breach of Fiduciary Duties, (3) Breach of the Covenant of Good Faith and Fair Dealing, and (4) Intenti...

Excerpt: ...go. The Demurrer is OVERRULED with respect to Defendant Structured Asset Mortgage Investment II Trust 2007-AR7, Inc. Defendants Wilmington Trust and Wells Fargo are to submit a proposed judgment within 10 days after the date of this order. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. FACTUAL BACKGROUND This is an action for wrongful foreclosure. Plaintiff alleges t...

Excerpt: ...8/01/24. On 2/16/24, at Defendant's request, the Court advanced the motion for hearing on 4/30/24. Defendant gave notice of the ruling on 2/20/24. To date, Plaintiff has not filed opposition to the motion. The Court will not consider untimely opposition to the m otion. b. Standard on Motion for Judgment on the Pleadings CCP §438 states, in relevant part: “(b)(1) A party may move for judgment on the pleadings. . . . (c)(1) The motion provided f...

Excerpt: ...Vice President. In 1996, Plaintiff alleges an oral agreement, whereby defendant, company owner and president of Wild Win and Canay Manufacturing, Earl Bayless, offered 20% of “proceeds,” if Plaintiff stayed on as an employee. The promise was reiterated in “the early 2000's.” In 2021, Bayless represented the sale of both companies to private equity firm, defendant Tide Rock Holdings, LLC. When Plaintiff mentioned the 20% agreement, Bayless...

Excerpt: ...(“Marquez”) obligations to Bank. The court has read and considered the moving papers (no opposition was filed) and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Bank commenced this proceeding on December 4, 2023, against Respondent Marquez dba Marquez Denim Care as a Request for Order Appointing Receiver for the limited purpose of permitting entry and inspection of the Property, pursuant to Civil Co...

Excerpt: ...report, she saw that she had a debt of $45,653.85 to CBB for Antelope Valley Hospital. Plaintiff sta tes she then spoke to Antelope Valley Hospital's billing department and was told that the debt was forwarded to CBB and Antelope Valley Hospital would not discuss the matter with her. Plaintiff alleges she then went to medical records; obtained her medical record; saw that the medical record did not contain notes regarding approval from the insura...

Excerpt: ...rned twice and (1) was told from an unknown source that the restroom was not available, but was bein g worked on; and (2) was told by some bikers that someone had overdosed on drugs in the restroom and the restroom had been welded shut. Plaintiff presents that, on the third time, after talking to the bikers, he returned inside the Arco AM/PM and confirmed the information with Maggie who informed him that the restroom door was welded shut several ...

Excerpt: ...ry 30, 2024, plaintiff Souzan Gendy (Plaintiff) filed this action against defendants County of Los Angeles (County), FALCK Mobile Care Corp., FALCK USA, Inc. (collectively, Defendants), and Does 1 through 10, alleg ing causes of action for general negligence and strict liability. On March 19, 2024, County demurred to the complaint. On April 17, 2024, Plaintiff opposed the demurrer. On the same date, Plaintiff dismissed the Second Cause of Action ...

Excerpt: ...er is OVERRULED. The Motion to Strike is DENIED. BACKGROUND: On July 12, 2023, Plaintiffs Territa Avon Calvin, Joshua Harris, Jamari Harris, Jyptian Harris, and Jently Harris filed their Complaint against Long Beach Affordable Housing Coalition, Inc. on causes of action arising from Plaintiffs' tenancy in Defendant's rental unit. On July 14, 2023, the Court appointed Plaintiff Territa Avon Calvin as the guardian ad litem for Plaintiffs Jamari Har...

Excerpt: ...28, 2023. Plaintiff alleges the following facts. Plaintiff was injured by a pallet being carried by a forklift operated by Defendants on property owned or controlled by Defendants. Plaintiff alleges the following caus es of action. 1. Negligence; 2. Negligent Hiring, Retention, and Supervision; 3. Premises Liability. Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. ( Schmidt v. Foundati...

Excerpt: ...s third lawsuit against Defendant concerning these same allegations. In Los Angeles Superior Court case numbers 19STLC08450 and 20STLC07641, demurrers were sustained without leave to amend and the actions were dismissed. San Gabriel filed the instant demurrer on November 14, 2023. It is unopposed. Before the Court are San Gabriel's challenges to the first amended complaint. San Gabriel alleges that: (1) the first amended complaint fails to state ...

Excerpt: ...d”) bought the multi- family building located at 3750 Jasmine Avenue, Los Angeles, California. (First Amended Complaint (“FAC”) ¶9.) The building consists of 40 units and is governed by the C ity of Los Angeles Rent Stabilization Ordinance (“RSO”). ( Id. ) Landlord entered into a “responsible person agreement” with Defendant Gayle Hooks. ( Id. ¶14.) Under the agreement, Gayle's only responsibility was to report nighttime emergenci...

Excerpt: ...d into issue the first cause of action (COA) for discrimination (age/disability); the second COA for negligence, the third COA for elder abuse, the fourth COA for breach of contract, the fifth COA for breach of warranty of habitability, a nd the sixth COA for Civil Code section 1942.5(a) violation. Discussion Defendants argued that the second COA for negligence, the fourth COA for breach of contract, and the fifth COA for breach of warranty faile...

Excerpt: ...he court sustains Defendants' demurrer as to each of the Complaint's causes of action with 20 days leave to amend. I. BACKGROUND On January 23, 2024, Plaintiff Aladdin Dinaali (“Plaintiff”) filed this action against Defendants Bridge Property Management, LC (“Bridge”); Lewis Brisbois Bisgaard & Smith LLP (“LBBS”); James E. Murphy (“Murphy”); American Legal Investigation Services Nevada, Inc.; Gabriela Melendez; and Deyber Jimenez....

Excerpt: ...es 1 to 50 for injuries arising from a motor vehicle incident On March 28, 2022, Alverson filed an Answer to Plaintiffs complaint and filed a cross-complaint agamst Roes 1 to 25 for (1) equitable indemnity, (2) contribution, (3) express indemnity, and (4) declaratoty relief. On Januaty 27, 2023, Alverson filed amendments to the cross-complaint naming the City of Los Angeles as Roe 1 and Roberto Sandoval ("Sandoval M) as Roe 2. Sandoval now demurs...

Excerpt: ... Action for Violation of Business and Professions Code § 17200 · 4th Cause of Action for Violation of Business and Professions Code § 17500 · 5th Cause of Action for Violation of the Consumers Legal Remedies Act RULING : Demurrer sustained without leave to amend for the First, Second, Third, Fourth, and Fifth Causes of Action. SUMMARY OF ACTION On September 6, 2019, Plaintiff Hakop Jack Minassian (Plaintiff) visited Defendant Valencia BMW's (...

Excerpt: ... RULING The demurrer is OVERRULED as to the first cause of action in the FAC. Defendants are ordered to file an answer within 20 days. BACKGROUND On December 6, 2023, plaintiff Mahin Golchin filed a complaint against LAX Physical Medicine, LAX Physical Therapy, and Matthew Araghi for general negligence; and against DJO Global, Inc. for product liability. On January 26, 2024, plaintiff filed an amendment designating Doe 1 as Matthew Szkalak. On Ma...

Excerpt: ... orally requested a loan forbearance. Also, the purported Trustee, Integrated Lender Services, relates to no existing substitution of trustee. The causes of action in the First Amended Complaint (“FAC”) are: 1) Violation of Civ. Code § 2923.5; 2) Violation of Civ. Code § 2924(a)(1); 3) Violation of Civ. Code § 2924.9; 4) Wrongful Foreclosure; 5) Interpleader Pursuant to Code Civ. Proc. §386, Civ. Code §§ 2924j and 2924k; 6) Unfair Busin...

Excerpt: ...reafter, Design Holdings allegedly invaded Plaintiff's right to privacy without her consent by aiding a third -party company, Salesforce, to secretly eavesdrop, record, and harvest da ta in real time collected from Plaintiff's interaction with Design Holdings' chat box on its website. The Complaint alleges causes of action for (1.) Violations of the California Invasion of Privacy Act (CIPA), and (2.) Violations of the California Unautho rized Acc...

Excerpt: ...alleged valid causes of action for breach of contract and promissory estoppel against either Defendant. TENTATIVE RULING: Defendants Braidi and Ortanca's Motion for Judgment on the Pleadings is GRANTED without leave to amend. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff sold an eighty percent (80%) interest in Defendant Door Number Six, LLC to Defendants Sholom Goodman, Freddy Braidi and Kerim Ortanca. As part of the purchase and sal...

Excerpt: ...ed residential premises located at 5505 Ackerfield Ave., Long Beach, CA 90805 that were owned, managed and/or operated by Defendants. Plaintiffs allege Defendants allowed multiple dangerous conditions to exist at the property that rendered the premises uninhabitable and dangerous to the Plaintiff's health and safety. Plaintiffs filed a formal complaint with the City of Long Beach Department of Health. Plaintiffs allege Defendants also collected r...

Excerpt: ...wing facts. Defendant owes Plaintiff for legal services rendered. On July 13, 2023, Defendant filed a Cross-Complaint. Cross -Complainant alleged the following causes of action based on Cross - Defendant's representation of Cross-Complainant in the prior legal action: 1. Fraud; 2. Breach of Fiduciary Duty; 3. Breach of Contract; 4. Slander of Title; 5. Cancellation/Expungement of Lien and Quiet Title/Injunctive Relief. Meet and Confer Cross-Defen...

Excerpt: ...videntiary Sanctions, and Awarding a Monetary Sanction (as to Jorge Chilel) (2) Motion for an Order Imposing a Terminating Sanction, or in the alternative, Evidentiary Sanctions, and Awarding a Monetary Sanction (as to Everlido Chilel) The court considered the moving papers. No opposition was filed. RULING The motions for terminating sanctions are GRANTED. The First Amended Complaint is DISMISSED WITH PREJUDICE. BACKGROUND On October 24, 2022, pl...

Excerpt: ...otion of Defendant Mercy Eye Care Medical, Inc., is continued for approximately 14 days. The Court continues the trial date, on its own motion, for good cause, for approximately 30 days. Background On November 17, 2021, Plaintiff Norma Berry (“Plaintiff”) filed the Complaint in this action against Defendants Mercy Eye Care Medical, Inc. (“Mercy”), Miguel Unzueta, M.D. (“Unzueta”), Sandeep Khanna, M.D. (“Khanna”), and Does 1 throug...

Excerpt: ...fendant”) on March 1, 2023. Defendant filed an answer in properia persona on March 27, 2023. On February 5, 2024, Plaintiff filed the instant Motion for Summary Judgment. No opposition has been filed to date. Discussion The Complaint alleges a single cause of action for breach of indemnity agreement. Plaintiff alleges that Defendant agreed to indemnify Plaintiff for losses incurred with respect to Contractors License Bond, No. 100153718, issued...

Excerpt: ...and Negligent Hiring, Training, Supervision and/or Retention as to the Hospital Defendants, arising from failure to remove a piece of glass from Plaintiff's hand when she came in for an emergency treat ment on July 31, 2021. On November 8, 2022, Defendant Gill filed an answer to the complaint. On June 7, 2023, Plaintiff filed a request to dismiss the Hospital Defendants. Defendant Fuentes has not answered or otherwise appeared. On February 13, 20...

Excerpt: ...e motion for summary judgment. I. BACKGROUND On November 1, 2019, plaintiff Kristina Reveles (“Plaintiff”) consulted with defendant Harmick Taroian, DDS (“Defendant”) in his capacity as a dentist. (Taroian Decl. ¶ 3.) On May 7, 2020, while Defendant was performing dental services on Plaintiff, a dental tool broke and a piece of it became lodged in one of her teeth where it remained at least until the date of the filing of the Complaint (...

Excerpt: ...on on October 20, 2021 against Defendants Air Tiger Express (USA) Inc. (“ATE”) and Matthew Tran (“Tran”) (jointly, “Defendants”). The Complaint alleges causes of action for (1) discrimination on the basis of age, (2) harassment, (3) retaliation, (4) failure to prevent discrimination, harassment, or retaliation, and (5) wrongful termination in violation of public policy. Defendants now move for summary judgment or, in the alternative, ...

Excerpt: ...to determine if the actions were willful; the detriment to the propounding party; and the number of formal and informal attempts to obtain the discovery.'" (Los Defensores, Inc. v. Gomez (2014) 223 Cal.App.4th 377, 390 (quoting Lang v. Hachman (2000) 77 Cal.App.4th 1225, 1246).) "Generally, '[a] decision to order terminating sanctions should not be made light ly. But where a violation is willful, preceded by a history of abuse, an...

Excerpt: ...adreza Yazdi (“Yazdi”), and Tahereh Taheryazdy Yazdi TENTATIVE RULING Plaintiff's Motion for Terminating Sanctions and Monetary Sanctions or, alternatively, for Lesser Sanctions is GRANTED IN PART. The Court DENIES Plaintiff's request for terminating, issue and evidentiary sanctions. The Court GRANTS IN PART Plaintiff's request for monetary sanctions. The Court GRANTS Plaintiff's request for judicial notice pursuant to Evid. Code §§ 452 and...

Excerpt: ...roperty located at 761 Corporate Center Drive in Pomona, California (“subject property”). In June 2021, Lucy Seh (“Lucy”) joined Kingston Financial, a mortgage lending company owned and operated by Kirk, as a loan officer. Lucy had been Kirk's domestic partner from 2000 -2014. Lucy learned of the transaction and expressed interest in the subject property. Contingent on Lucy investing in the subject property, Kirk and Lucy agreed to split ...

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: ...n, p. 4.) Failure to Provide Separate Statement Davidson did not submit a separate statement as required for this motion. “Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. The motions that require a separate statement include a motion: [¶¶] (7) For issue or evidentiary sanctions.” (Cal. Rules of Court, rule 3.1345(a).) The premise of this motion is that p...

Excerpt: ... §§ 473(a)(1), 576.) Motions for leave to amend the pleadings are directed to the sound discretion of the court. “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading . . ..” (CCP § 473(a)(1); see CCP § 576.) Policy f avors liberally granting leave to amend so that all disputed matters between the parties may be resolved. (See Howard v. County of San Diego (2010) 184 Cal.App.4th ...

Excerpt: ...ction: breach of written contract, breach of partnership agreement, breach of fiduciary duty, and an accounting. On November 14, 2023, Plaintiff filed this motion to compel Defendant's further responses to special interrogatories (set two). LEGAL STANDARD A propounding party may move for an order compelling a further response to interrogatories if the propounding party deems that an answer to a particular interrogatory is evasive or incomplete, o...

Excerpt: ...of contract. According to the First Amended Complaint (“FAC”) Plaintiff Bradley Fischer is a film producer, while Defendant New Republic Pictures, LLC (“NRP”) is in the business of film and television production and financing. (FAC ¶¶ 1 -2.) On November 1, 2019, Plaintiff and Defendant entered into a written contract for Plaintiff to serve as Defendant's President and Chief Content Officer (the “2019 Agreement”). (Ex. A to FAC.) The...

Excerpt: ...orm Interrogatories, Set One. Plaintiff must serve complete and verified responses, without objection, to Defendants' Request for Production and Identification of Documents, Set One, Special Interrogatories, Set One, and Form Interrogatories, Set One, and produce all responsive documents, within 20 days of the Court's order. The Court GRANTS Defendants' requests for monetary sanctions in the reduced amount of $684.95. Plaintiff and her counsel of...

Excerpt: ...y judgment against Plaintiff The Woman's Club of Hollywood, California (“TWCOH”) (“Plaintiff”). (Notice of Motion, pg. 2; C.C.P. §437c.) Defendants move on the grounds the material facts are undisputed, and Defendants are entitled to judgment as a matter of law because Plaintiff admitted that it is not the owner or the landlord of the property at issue and did not serve valid notice to terminate tenancy, three essential elements of its p...

Excerpt: ... as sanctions. RULING : Motion to compel further responses to request for production is granted for the verification of the responses. SUMMARY OF ACTION Plaintiff Justine Amanda Cruz Echavez (Plaintiff) filed this action against Defendant California Institute of the Arts (Defendant) on April 18, 2023. On July 7, 2023, Plaintiff served Defendant with Plaintiff's Requests for Production of Documents, Set One . On September 19, 2023, Defendant serve...

Excerpt: ...ct rather than in person due to the COVID-19 pandemic. This is an action arising from a fist -fight during Halloween trick -or -treating. On November 8, 2022, Justin Gimelstob filed a Fourth Amended Cross -Complaint (“4ACC”) against Randall Kaplan and Madison Kaplan for (1) assault, (2) battery, (3) equitable indemnity, (4) tort in essence, (5) intentional interference with contractual relations , (6) intentional interference with prospective...

Excerpt: ... the Complaint on March 24, 2023. Plaintiff alleges the following facts. Plaintiff was involved in a motor vehicle accident with Defendant. Motion for Leave to File Complaint in Intervention Code Civ. Proc., § 387(b) states: “An intervention takes place when a nonparty, deemed an intervenor, becomes a party to an action or proceeding between other persons by doing any of the following: (1) Joining a plaintiff in claiming what is sought by the ...

Excerpt: ...on is DENIED. BACKGROUND Judgment was entered on November 3, 1987 in favor of plaintiffs Frank Wilson, Thelma Wilson, Johnnie Wilson, and Lonnie Wilson against defendants Delta Homes, Inc., Delta Omni Corporation, Corporate Development, Brad Handy, Joe Polifroni, Kevin Williams, C hris Kalageris, and Theadore Kalogeris. The judgment was renewed on October 15, 1997 and on September 20, 2007 for $427,670. On September 20, 2007, judgment creditor fi...

Excerpt: ...nsidered the moving papers. BACKGROUND The currently operative First Amended Complaint (the “FAC”) alleges: (1) negligence; and (2) negligent hiring, retention, and supervision. In relevant part, the FAC alleges that Plaintiff was sexually abused by Norbert Stuart Volk (“Volk”), a teacher employed by the Defendant from approximately 1969 to 1970. (FAC ¶¶ 18- 19.) The FAC alleges that Defendant had reason to know of Volk's misconduct tha...

Excerpt: ... vehicle negligence arising out of an automobile accident that occurred on October 14, 2021, at or near the intersection of Vermont Avenue and 43rd Street in Los Angeles. Lyft and Bah filed their answers on January 27 and May 1, 2023. On March 15, 2024, Lyft filed this motion for leave to conduct a medical examination of Plaintiff. Lyft filed a declaration of Joshua Prager, M.D., M.S., in support of the motion on April 5. Plaintiff filed an oppos...

Excerpt: ...ainst defendants the Ci5r of Los Angeles ("the Ciöf') and Does 1 to 50 for damages arising from a trip and fall on a sidewalk Plaintiff filed amendments to complaint naming Letha Jones as Doe 2. Letha lones ("Jones") filed an Answer in pro per on July 5, 2023. Jones, now represented by counsel, seeks leave to file a First Amended Answer ("FAA") to Plaintiffs complaint to include affirmative defenses not previously pleaded due to the lack of assi...

Excerpt: ...gh 100 for damages arising from an alleged dangerous condition of public property. Plaintiff filed amendments to complaint, naming Los Angeles Department of Wa ter & Power as Doe 1, Northwest Excavating, Inc. (“Northwest”) as Doe 2, Skansa, Inc. as Doe 3, Skansa USA, Inc. as Doe 4, and Regional Connector Constructors, Inc. (“RCC”) as Doe 5. RCC filed its Answer to Plaintiff's complaint on December 5, 2022. RCC now seeks leave to file a cr...

Excerpt: ...se of action has been asserted may file a cross -complaint setting forth: “(b) Any cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the pro...

Excerpt: ... BEING DENIED. ANALYSIS: Plaintiff Blue Moon Service Corporation (“Plaintiff”) filed the instant action against Defendant Wallis Annenberg Center for the Performing Arts (“Defendant”) on June 20, 2023. On August 17, 2023, Defendant filed an answer and cross- complaint. Plaintiff answered the cross- complaint on November 21, 2023. Plaintiff filed the instant Motion for Leave to File An Amended Complaint on February 1, 2024. No opposition h...

Excerpt: ...renew the motion in Dept. SE -F, the master calendar department. III. Plaintiff Dane Medley's Motion to Compel Further Responses to Requests for Production (Set Three) is GRANTED in part as set forth below. Sanctions are DENIED. Plaintiff to give notice. This is an employment discrimination lawsuit. Defendants Pacific Office Automation, Inc. (“Defendant POA”) and Eric Pitassi (“Defendant Pitassi”) terminated Plaintiff Dane Medley's (“Pl...

Excerpt: ...�Moving Defendants”) move for this Court to reconsider its August 4, 2024, [1] and April 9, 2024, Rulings. (Notice of Motion, pg. 2; C.C.P. §§1008(a)- (h).) Moving Defendants move on the grounds that recent findings of fact and conclusions of law in the April 9, 2024, Order against Defendant Benson Williams II (“Williams”) for the 6th, 7th, and 15th causes of action affect all Defendants as there are no remaining factual allegations for t...

Excerpt: ...successor -in- interest to Decedent Stellina Parco, as plaintiff in place and stead of Decedent, and for an order allowing the filing of a First Amended Complaint . RULING : SUMMARY OF ACTION & PROCEDURAL HISTOR Y This action arises out of a motor vehicle collision that occurred on 9/30/21. Plaintiff Stellina Parco was a passenger in one of the involved vehicles and suffered injuries as a result of the collision. On 6/24/22, Stellina Parco and he...

Excerpt: ...been filed as of April 26, 2024. BACKGROUND On May 18, 2023, Plaintiff Tohid Naeem (“Plaintiff”) filed the operative Complaint against Defendant Nidal A. Barakat (“Defendant”) for Violations of Tenant Anti- Harassment Ordinance. On July 31, 2023, Defendant filed an Answer. On January 12, 2024, Plaintiff filed a Motion for Leave to File Second Amended Complaint. No opposition was filed to the Motion; however, on January 31, 2024, this Cour...

Excerpt: ...dants”\ ) filed this motion for an order compelling plaintiff Rocio Macias (“Plaintiff”\ ) to submit to a mental examination by Dr. April Thames. Defendants state that Dr. Thames will conduct some or all of the following tests: Minnesota multiphasic personality inventory, Millon clinical multiaxial inventory, trauma symp\ tom inventory, clinician checklist for DSM 5 PTSD, depression inventory, Beck depression inventory, Beck anxiety invento...

Excerpt: ...The verdict may be vacated and any other decision may be modified or vacated, in whole or in part, and a new or further trial granted on all or part of the issues, on the application of the party aggrieved, for” specified reasons. (Italics added.) This procedure generally applies to judgments entered without any trial. (See, e.g., Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 858 [“A motion for a new trial is appropriate following ...

Excerpt: ...istian Arturo Llamas. On March 25, 2024, Plaintiff filed a motion for protective order for the depositions of Plaintiff's principals (Jessica Llamas and Claudia Llamas) and the production of documents at the depositions. Upon a showing of good cause, the Court may issue a protective order to protect a party or deponent from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. (Code Civ. Proc., § 2025.420, subd. (b).) Th...

Excerpt: ...(1) CONTINUED to June 13, 2024 to enable filing of a supplemental declaration containing the missing components of a motion to amend a pleading ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual ¿¿¿ ¿¿¿ On August 3, 2023, Plaintiff, County of Los Angeles (“Plaintiff”) filed a Complaint against Defendants, Stadco LA, LLC, Hollywood Park Land Company, LLC, and DOES 1 through 20. The Complaint alleges a cause of action for: (1) Premises Liability....

Excerpt: ... served as Trader Joe's East, Inc. and 10850 National Boulevard d.b.a. Trader Joe's) propounded form interrogatories, set two, and requests for admissions (“RFAs”), set one, on Plaintiff Mandana Mizrahi (“Plaintiff”) on November 3, 202 3. As of the date of Trader Joe's Company filing the instant motion, Plaintiff has not served responses. Trader Joe's Company therefore seeks an order to compel responses to the outstanding discovery, in ad...

Excerpt: ... has been filed. 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 latitude in the matter of calendar control including the gra...

Excerpt: ...led their answer on March 17, 2023. On April 24, 2023, a stipulation was filed setting aside the default against Defendants. On April 4, 2024, Defendants filed this motion to continue trial. Defendants filed a supplemental declaration in support of their motion on April 23. No opposition has been filed. 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 ...

Excerpt: ... Estrada filed an action against Wu and Does 1 - 30 for motor vehicle tort and general negligence. (Case number 22PSCV01837.) On December 19, 2023, Wu filed an answer and a cross-complaint against Cross -Defendants Estrada and Roes 1 -20 for indemnity and contribution. C. The Court relates the cases On November 28, 2023, the Court found that case numbers 21STCV19189 and 22PSCV01837 are related within the meaning of California Rules of Court, rule...

Excerpt: ...zy Mills Production, Inc., Sean Hayes, Todd Milliner, Ben Beins, 2 Arts Entertainment, LLC, David Miner, and Max Silverstri. Now, Plaintiff moves to lift the stay in discovery to conduct limited discovery pursuant to CCP section 425.16(g) and to continue Defendants' special motion to strike. Discussion Plaintiff moves to lift the stay in discovery to conduct limited discovery to support her opposition to Defendants' pending anti -SLAPP motion. Af...

Excerpt: ...scovery to allow Defendant to conduct the mental examination, to be heard on April 26, 2024. The Court continued the hearing to April 29, 2024. On March 29, 2024, Plaintiff filed an opposition. On April 17, 2024, Defendant filed an amended notice of motion. On April 22, 2024, Defendant filed a reply. Trial is currently scheduled for May 24, 2024. PARTIES' REQUESTS Defendant asks the Court to compel Plaintiff's mental examination and reopen discov...

Excerpt: ...owing causes of action: (1) financial elder abuse, (2) conversion, (3) unjust enrichment, (4) cancellation of instrument, (5) cancellation of instrument, (6) quiet title, (7) quiet title, (8) violation of Tom Bane Civil Rights Act, (9) violation of Civil Code Section 789.3, and (10) wrongful eviction. On October 27, 2023, Defendant served Plaintiff with requests for production of documents (set one) (RFPs) by mail and email. (Chen Decl., ¶ 4.) P...

Excerpt: ... moving papers. BACKGROUND This is a Song- Beverly Consumer Warranty Act action arising from the Defendant's alleged failure to repair Plaintiff's vehicle in violation of the parties' warranty agreement and Civil Code §§ 1790-1795.8. On April 24, 2023, Plaintiff filed the operative C omplaint alleging (1) violation of Civil Code § 1793.2(d), (2) violation of Civil Code §§ 1793.2(b), (3) violation of Civil Code § 1793.2(a)(3), (4) breach of ...

Excerpt: ...IED. Legal Standard California Code of Civil Procedure section 2025.450, subdivision (a) provides: “If, after service of a deposition notice, a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document . . . described in the deposition notice, the party giving the notice may move for an order compelling the deponen...

Excerpt: ...bility against Defendants Conair Corporation, Waring Commercial, and Does 1 through 20. On August 31, 2021, Norguard Insurance Company (“Norguard”) filed a complaint in intervention against Conair Corporation, Waring Commercial, and Does 1 through 20, alleging that the accident occurred during the course of Plaintiff's employment and that Norguard made workers compensation payments to Plaintiff as a result of the accident. Conair Corporation ...

Excerpt: ... Motion is granted. SUMMARY OF ACTION Plaintiff and Cross-Defendant Mina Kateb (Kateb) filed this motion to compel compliance with deposition subpoena of business records after serving the subpoena on Doug Bend, Esq., (Bend) on December 5, 2023. Bend was involved in transactions relating to Mo nocent and drafting documents for Monocent, the company that Kateb claims to be a shareholder for. Kateb's subpoena sought non -privileged documents and co...

Excerpt: ...arises out of the construction of an approximately 18,000 square foot home in Pacific Palisades, California, located at 15954 Alcima Avenue (the “Property”). Defendant 15951 Alcima LLC (“Alcima”) is the owner of the Property. Defendant Suarez Build Construction Inc. (“Suarez”) served as a general contractor to Alcima. Suarez requested construction services from KE General Building Inc. (“KE”). Alcima allegedly agreed to the reques...

Excerpt: ...on November 10, 2021. According to the Complaint, Plaintiffs Amnon Mizrahi and Susan Mizrahi (collectively, “Plaintiffs”) were injured when they were struck by their improperly secured vehicle after it rol led off a flat bed tow truck. (Complaint, ¶¶ 10 -23.) On September 25, 2023, Plaintiffs filed the Complaint in this action against Carmel Towing & Transport, Inc.; Bert's Garage, Inc.; Automobile Club of Southern California (“AAA”), a...

Excerpt: ...ing party to give notice. BACKGROUND On March 1, 2024, Troy Wiltshire (“Plaintiff”) filed a Complaint against Adam Charles Walker (“Defendant”) in relation to a motor vehicle accident that occurred on March 10, 2022, allegedly caused by Defendant driving under the influence. The Complaint alleges three causes of action: (1) Motor Vehicle Negligence; (2) Negligence; and (3) Negligence Per Se. Defendant now moves to strike punitive damages ...

Excerpt: ..., LLC and Newton Solutions LLC (collectively “Plaintiffs”) filed its Complaint. On January 12, 2024, Plaintiffs filed the First Amended Complaint (“FAC”) against Stephen Scott Brown, Aka Scott Brown, Newton Operations, LLC, Pacific West Distributors, Ice Kream, LLC, Jokes Up Ice Kream LLC, Derek Lodder, Stephen Wayne Burt, Samantha Gibney, Mike Warren, Sione Schaff, and DOES 1- 120 (collectively, “Defendants”), alleging six causes of ...

Excerpt: ...motion is unopposed. LEGAL STANDARDS “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” (Code Civ. Proc., § 418.10, subd. (a)(1).) “In the absence of a voluntary submission to ...

Excerpt: ...his motion. No opposition papers were filed. DISCUSSION Defendant Target Corporation (“Defendant”) moves the court for an order reclassifying this action, filed by plaintiff Emily Keough (“Plaintiff'), as a limited jurisdiction case. “If a party files a motion for reclassification after the time for that party . . . to respond to a complaint, cross-complaint, or other initial pleading, the court shall grant the motion and enter an order f...

Excerpt: ...tion against Defendants Crystal Boultinghouse (Boultinghouse) and Josh Freeman Stinn (Stinn), alleging cause of action for (1.) conspiracy to violate 42 USC section 1983 and (2.) due process violation. Defendant Boultinghouse filed a special motion to strike the Complaint pursuant to Code of Civil Procedure section 425.16, arguing that the claims arise from petitioning conduct that is protected under section 425.16, subdivision (e). No opposition...

Excerpt: ... damages arising from a motor vehicle incident. On July 28, 2023, this matter was called for non -jury trial. After no appearances or contact by either party, Plaintiff's complaint was dismissed without prejudice. (Min. Order, July 28, 2023.) On January 29, 2024, Plaintiff filed the instant motion to set aside the dismissal. II. MOTION TO SET ASIDE 1. Legal Standard Code Civ. Proc. (“CCP”) § 473 provides for both discretionary and mandatory ...

Excerpt: ...UND This action arises from alleged habitability issues at a property located at 3714 Fletcher Drive, Los Angeles, CA 90065 (the “Property”). On December 4, 2023, Plaintiff filed a Complaint against Defendant and DOES 1 through 100, inclusive, alleging causes of action for: (1) negligence, (2) breach of implied warranty of habitability; (3) violation of Los Angeles Municipal Code § 151.10 et seq.; and (4) civil penalties for violation of the...

Excerpt: ...laint filed. • 12/28/23: Cross-Complaint filed by Lowe's Home Centers, LLC • 12/29/23: Cross-Complaint filed by Jacobe Enterprises, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort action alleging that Plaintiff Montoya -Bautista developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Defendant Dal -Til...

Excerpt: ...trike Portions of Plaintiff's First Amended Complaint. I. Background A. Pleadings Plaintiff Daniel Stevenson sues Defendants Louise Voyazis dba Louise Voyazis Interior Design (Voyazis), Louise Voyazis Interior Design (LVID), and Does 1 through 30 pursuant to an August 9, 2023, First Amended Complaint (FAC) alleging claims of (1) Breach of Contract, (2) Fraudulent Inducement, (3) Fraud/Intentional Misrepresentation, (4) Negligent Misrepresentation...

Excerpt: ...n Beverly Hills when Defendant Simon Nicholson -Pine pulled out of a Whole Foods' parking lot, causing a violent T- bone collision. Plaintiff alleges Defendant was dri ving his car negligently and recklessly. On November 21, 2023, Plaintiff filed a Complaint against Defendant. The Complaint alleges two claims for general negligence and motor vehicle. Plaintiff filed a proof of service showing Defendant was personally served with the summons and c...

Excerpt: ...EL BINDING ARBITRATION AND TO STAY THE SUPERIOR COURT MATTER Background Plaintiffs Juhee Bang by and through her Successor -in- Interest, Lora Tram, and Lora Tram (jointly, “Plaintiffs”) filed this action on June 16, 2023 against Defendant 1100 South Alvarado Street, LLC dba Olympia Convalescent Hospital (“Defendant”). Plaintiffs filed the operative First Amended Complaint (“FAC”) on June 20, 2023, alleging causes of action for (1) el...

Excerpt: ...s of the Cement Masons Southern California Health and Welfare Fund, Board of Trustees of Eleven Counties Cement Masons Vacation Savings Plan, Board of Trustees of Cement Masons Joint Apprenticeship Trust, and Board of Trustees Cement Masons Southern California Individual Retirement Account (Defined Contribution) Trust \ (collectively, “Petitioners”) request the Court issue an order c\ onfirming the arbitration award (“Award”) issued by Ma...

Excerpt: ...arbitration matter. On December 8, 2023, petitioner Swift Financial, LLC, as Servicing Agent for WebBank (Petitioner) filed a petition against respondents Lumenos Technologies, Inc., Matthew Laney (collectively, Respondents) and Does 1 to 10, to confirm an arbitration award issued on July 12, 2023 in the amount of $111,196.02. Respondents did not oppose the petition. LEGAL STANDARD “Any party to an arbitration in which an award has been made ma...

Excerpt: ...ce of intention to appear is not given, oral argument will not be permitted . Notice to Department 76 may be sent by email to [email protected] or telephonically at 213-830- 0776. TENTATIVE RULING Defendants BMW of North America, LLC and Sterling BMW's Petition To Confirm Partial Final Arbitration Award is GRANTED. ANALYSIS Petition To Confirm Arbitration Award Discussion Defendants BMW of North America, LLC and Sterling BMW move for an order...

Excerpt: ...efendants") for damages arising from an automobile accident Defendants now move to compel non-party Pacific MRI to produce its custodian of records for deposition, and to produce documents pursuant to a deposition subpoena sewed. Defendants further request monetary sanctions against Pacific MRI. Any opposition was due on or before April 16, 2024; the motion is unopposed. 11. MOTION TO COMPEL DEPOSITION (NON-PARTY) 1. Procedural Per CRC 3.1346, wh...