Excerpt: ...E RULING: 1. The Petition to Vacate the Contractual Arbitration Award is DENIED; STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On September 8, 2021, Plaintiff Serena Serrano (Plaintiff) filed a Complaint against Defendants Core Community Organized Relief Effort, Ann Young, City of Los Angeles, Los Angeles Fire Department, and Jamie Lesinki (Defendants) with nine causes of action f or (1) Hostile Work Environment Sexual Harassment (2) Gender Vio...

Excerpt: ...aintiff Gertrud Jacoby (“Plaintiff”) was a resident at Defendant La Mirada Post Acute LLC's (“Defendant”) skilled nursing facility. On January 3, 2023, Plaintiff and Successor in Interest Brain Jacoby brought this action against Defendant alleging the following causes of action: (1) Elder Abuse and Neglect and (2) Violation of Residents' Rights, (3) Negligence, and (4) Wrongful Death. The Complaint alleges that Defendant's “consistent f...

Excerpt: ...e 5, 2020, Consumer Advocacy Group, Inc. filed this action against Pegasus Trucking, LLC dba Fallas Discount Stores (“Pegasus”), alleging violations of Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986 . On March 12, 2021, Pegasus filed a Cross -Complaint against a number of Cross -Defendants, including Sacha Handbags, Inc. and Yoki Fashion, Inc. Pegasus filed the operative First Amended Cross -Complaint (“FACC”) o...

Excerpt: ...024. BACKGROUND This action arises out of a dispute over the enforcement of a money judgment. The currently operative fourth amended complaint (the “4AC”) alleges: (1) statutory voidable transfers; and (2) common law voidable transfers. Plaintiff filed the Motion to Continue Trial (the “Motion”) currently before the Court on April 17, 2024. The Court advanced the hearing date on the Motion from July 1, 2024 to May 14, 2024 on April 22, 20...

Excerpt: ...for Sanctions is GRANTED in part. Big Bus is ORDERED to produce all non -privileged document responses to Starline's RPD Nos. 28– 30, 33 –36, 38, and 44 –45 within seven days of the issuance of this Order. Any documents withheld on the basis of privilege must be noted with a privilege log, pursuant to Code of Civil Procedure section 2031.240. Big Bus is ORDERED to produce a production log, or otherwise sufficiently identify the documents pr...

Excerpt: ...on for an Order to Compel Defendant Rochelle H. Sterling to Produce Documents, Records and Other Material at Deposition is DENIED without prejudice. BACKGROUND On October 23, 2019, Plaintiff Shahnaz Amirtalesh (“Plaintiff”) filed this action against Defendants Rochelle H. Sterling (“Sterling”), Beverly Hills Properties (“BHP”), The Sterling Family Trust, Susan Robman and Does 1 -50 (collectively, “Defendants”). This action arises ...

Excerpt: ...e r Tentative Rulings: (1) MTC is mostly Grante d (2) Request for Monetary Sanctions is granted in a lowered amount . (3) Demurrer SUSTAINED without leave to amend. I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On November 1, 2022, Plaintiff, Reza Abolahrar (“Plaintiff”) filed a Complaint against Defendants, PNC Bank, National Association, Joshua Wolfson a/k/a Josh Wolfson d/b/a Executive Funding Solutions, and DOES 1 through 20. On April 27, 20...

Excerpt: ...nd no substantive or responsive documents. Plaintiffs requested and received a 30- day extension to complete these responses. No further responses were received. On February 23, 2024, Defendant provided another 7 -day extension to respond. No further responses were provided. On April 15, 2024, Defendant filed these Motions to Compel Further Responses to Form Interrogatories (Set One) from Plaintiffs. While Plaintiffs expressly do not oppose the m...

Excerpt: ...yable to Defendants within 30 days. Defendants to provide notice. DISCUSSION “Any party may obtain discovery . . . by propounding to any other party to the action written interrogatories to be answered under oath.” (Code Civ. Proc., § 2030.010(a).) If a propounding party is not satisfied with the response served by a responding par ty, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., § 2030.300; Sin...

Excerpt: ... through 100, inclusive, alleging causes of action for: (1) Premis es Liability; and (2) Negligence. Plaintiff alleges that on January 12, 2020, she suffered serious and life-altering injuries when she was involved in a trip -and- fall while at a building that was under construction being performed by Defendants. (Complaint, ¶ 1.) Plaintiff alleges that she was showing a prospective tenant a unit on the fourth floor when, while crossing a hallwa...

Excerpt: ...laintiff's Requests for Production of Documents (“RFPs”), Set One, Request No. 17. TENTATIVE RULING: The unopposed motion is granted. Defendant to provide further code- compliant responses to Plaintiff's RFP No. 17 within 30 days. BACKGROUND This is a childhood sexual assault action in which Plaintiff alleges that in 1980, she was sexually assaulted, abused, and harassed by Doe defendant 1, Plaintiff's high school band and orchestra teacher, ...

Excerpt: ...ve Rulings: (1) DENIED (2) DENIED. I. BACKGROUND A. Factual This case originates from a Complaint filed by Plaintiff, Jiali Yan (“Plaintiff”) against Defendants, Michael Antony Forbes dba Forbes Estates, LLC, and DOES 1 through 10. The Complaint alleges a cause of action for: (1) Fraud. A non -jury trial took place in this case between March 15, 2023 and March 17, 2023. A Statement of Decision was filed on April 18, 2023. The Court found that...

Excerpt: ...ing from an automobile collision. On October 9, 2023, Plaintiff filed a Notice of Settlement of Entire Case providing the parties entered into a conditional settlement upon receipt of settlement funds. Plaintiff now moves for an order to enforce settlement agreement pursuant to CCP § 664.6. Defendant opposes the motion, and Plaintiff filed a reply. At the April 30, 2024 hearing on this matter, after hearing oral argument, the Court agreed to tak...

Excerpt: ... Construction, LLC (Atkinson), and State of California Department of Transportation (Caltrans), alleging causes of action for negligence (a gainst Atkinson), statutory liability/dangerous condition of public property (against Caltrans), and loss of consortium. The SAC alleges that on February 11, 2020, Plaintiff Kamal, a 58-year-old man was sitting in his parked work truck, on the West SR -60 Freeway, in the number four lane when a vehicle travel...

Excerpt: ...rresponding request for production. Plaintiff also seeks monetary sanctions. Defendant opposes and Plaintiff replies. LEGAL STANDARD “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 f...

Excerpt: ...Production of Business Records. Defendants Velez and Classic Distribution request monetary sanct ions in the amount of $2,660.00. Analysis Defendants Velez and Classic Distribution's subpoena requests a wide range of medical documents from Pledge Medical. In addition to Plaintiff's medical records regarding treatment received after the motor vehicle incident involving Defendant Velez, the sub poena also requests numerous documents regarding non-p...

Excerpt: ...Aquino (“Plaintiff”) filed this action on August 7, 2023 against Defendants Dawn Dee Motel and Apartments, a company doing business as Comfort Inn Santa Monica, and Leticia Gonzalez. The Complaint alleges causes of action for (1) sexual battery, (2) battery, (3) assault, (4) gender violence, (5) discrimination, (6) harassment, (7) retaliation, (8) failure to provide reasonable accommodation, (9) failure to engage in a good-faith interactive p...

Excerpt: ...ion, to arbitration. The court orders this action stayed as to those parties until the completion of arbitration. BACKGROUND On 7/28/2023, plaintiff BLF, Inc., a California corporation doing business as Larrabure Framing (“Plaintiff”), filed this action. On 8/25/2023, Plaintiff filed the operative First Amended Complaint (“FAC”) against defendants Milender White Residential Socal Corp. (“Milender White” or “MWR”), Inglewood Market...

Excerpt: ...ion, to arbitration. The court orders this action stayed as to those parties until the completion of arbitration. BACKGROUND On 7/28/2023, plaintiff BLF, Inc., a California corporation doing business as Larrabure Framing (“Plaintiff”), filed this action. On 8/25/2023, Plaintiff filed the operative First Amended Complaint (“FAC”) against defendants Milender White Residential Socal Corp. (“Milender White” or “MWR”), Inglewood Market...

Excerpt: ... Inc. (“Consolidated”) (collectively, “Moving D efendants”) move for an order compelling Plaintiff Blue Fire LLC (“Plaintiff”) to arbitrate its claims against Defendants and staying this action pending arbitration. The Court DENIES the motion as to Plaintiff's third, fourth, and fifth causes of action. The Court DELAYS its ruling on the motion as to Plaintiff's remaining claims against the Moving Defendants pending the resolution of P...

Excerpt: ...air. Def endant allegedly failed to comply with its obligations under the Song-Beverly Consumer Warranty Act (“the Act”). II. ARGUMENTS Hyundai requests an order compelling this matter to binding arbitration pursuant to the Federal Arbitration Act (“FAA”) as required by the Retail Installment Sales Contract (“Sales Contract”) that required arbitration to solve disputes concerning the purchase or c ondition of the vehicle. Defendant ca...

Excerpt: ...unds that Plaintiff executed a valid agreement to submit all employment-related disputes to arbitration. Plaintiff opposes the motion, arguing that: 1) Defendant failed to establish a valid, enforceable arbitration agreement because Defendant has not authenticated her signature; and 2) the agreement is otherwise unenforceable because it is unconscionable. LEGAL STANDARD A party seeking arbitration has the burden of proving by a preponderance of e...

Excerpt: ...stence of a valid arbitration agreement including a valid delegation clause. Plaintiff Shaun Huttar did not meet his burden to prove a defense to enforcement of the delegation clause. The action is stayed pending resolution of arbitration pursuant to CCP §1281.4. Defendant Uber Technologies, Inc.'s RJN is GRANTED. REASONING Under both the Title 9 section 2 of the United States Code (known as the Federal Arbitration Act, hereinafter “FAA”) an...

Excerpt: ... then transferred to an independent calendar courtroom. (Minute Order, 09/23/20.) Proofs of service of the Summons and Complaint were filed in October 2021. From early 2022 to mid -2023, Defendants filed challenges to the pleadings, including the Second and Third Amended Complaints. On May 11, 2023, the Court sustained Defendants ' demurrer to the non- negligence causes of action without leave to amend and set an order to show cause why the actio...

Excerpt: ... LLC is DENIED. FA9's PMK is ordered to appear for deposition within 30 days. Counsel are to meet and confer regarding a mutually agreeable date within the next 30 days. The motion for a protective order is GRANTED. Moving party to give notice. FACTUAL BACKGROUND This is a breach of contract action. The Complaint alleges as follows: On July 18, 2019, Plaintiff and Defendants entered into a written loan agreement for $60,000.00, interest free. (Co...

Excerpt: .... ANALYSIS: On December 14, 2023, Petitioner Jordan Roberts (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Carlos Caraccioli (“Respondent”). The Petition was initially set for hearing on April 18, 2024 but continued the day b efore to May 14, 2024 with an order from the Court for Petitioner to give notice to all parties. (Notice Re: Continuance, 04/17/24.) No proof of service of the Petition or h...

Excerpt: ...ferent Courts is GRANTED. I. BACKGROUND On January 4, 2022, Plaintiff John Risk, individually and as Trustee of the Anne Risk Trust, filed the instant action against Defendants Franklin R. Fraley, Jr. (“Fraley”); Fraley & Associates (“F & A”); and the American Arbitration Association. From approximately 2013 to 2019, Fraley and F & A represented Anne Risk and her trusts in an action in the Orange County Superior Court entitled Risk v. Cox...

Excerpt: ...l Ltd., and Rocio Trading Corporation, filed a Petition to Confirm Contractual Arbitration Award against Respondent, RT Features U.S., LLC (“RT Features”). The Petition is redacted. On January 25, 2024, Petitioners filed a Motion to File Portions of Petition to Confirm Arbitration Award Under Seal. The court granted the unopposed motion on April 11, 2024. On April 15, 2024, Petitioners served Respondent with Notice of Hearing for the Petition...

Excerpt: ... after he had been drinking heavily. Petitioner maintained that he was suffering from post -traumatic stress disorder (“PTSD”) stemming from his military service. The Chief of Police (the “Chief”) ordered a Board of Rights (the “Board”) hearing on three charges. The Board found Petitioner guilty and recommended a penalty of termination, which the Chief imposed. Now, Petitioner petitions for a writ of administrative mandate directing t...

Excerpt: ... discovery sought. (Code Civ. Proc., sec. 2031.310(b)(1).) The motions must be accompanied by good faith meet and confer declarations and separate statements and must be brought within 45 days of service of the responses, unless stipulated in writing otherwise. (Code Civ. Proc., secs. 2030.300(c) and 2031.310(c).) Plaintiffs showed good cause for RFP nos. 22 and 23 because Defendant's insurance policies are allow ed discovery demands based upon t...

Excerpt: ...f Noemi Ceja for Form Interrogatories and Special Interrogatories (Reservation ID 042773476684); (2) a motion to compel further response s from Plaintiff Carlos Figueroa for Form Interrogatories and Special Interrogatories (Reservation ID 678564236875); and (3) a motion to compel further responses from Plaintiff Dominique Santana for Form Interrogatories and Special Interrogatories (Reservation ID 994477943824). Each motion also requests sanction...

Excerpt: ...d confer as required. “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (CCP § 2016.040.) Plaintiff shows a sufficient effort to meet and confer. On February 22, 2024, plaintiff's counsel sent QTC's counsel a long email discussing the disputed form interrogatories and requests for production. (Zilikyan Decl., Ex...

Excerpt: ...rtroom 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 oppositions were filed. Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co -obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other clai...

Excerpt: ...-day noti ce (January, 2022 through December, 2022). MIL 2. Statements that the defendant caused the delay in bringing the matter to trial; MIL 3. Evidence not produced in discovery. All three motions were denied. MIL 1: allegations of contract or wrongdoing are not required since an unlawful detainer action inherently involves a contract breach or wrongdoing. Also, unpaid rent after the three-day notice is called holdover “damages”. MIL 2: T...

Excerpt: ... the Arbitration Award in its favor. The court has read and considered the moving papers, oppositions, and replies, and renders the following tentative decision. A. Statement of the Case 1. First Amended Petition Petitioner Key commenced this proceeding on September 13, 2021. The operative pleading is the First Amended Petition (“FAP”), filed on April 18, 2022 against Association and Land Mark Electric, Inc. (“Land Mark”) and alleging cla...

Excerpt: ...rty located at 344 S. Rexford Drive #6, Beverly Hills, California 90212 (the “Premises”). Plaintiff Miriams Well, LLC is the Landlord. The parties signed an “Unlawful Detainer Stipulation and Judgment”. The stipulation provided for judgment of $42,600 which was subject to partial waiver if Tenants made timely payments of (1) $7,200 on July 20, 2023, (2) $7,200 on September 20, 2023, and (3) an additional $200 per month for 12 months begin...

Excerpt: ...individual employees of the county (“County Employees”) [1] (collectively “Defendants”) following events surrounding the arrest and trial of Plaintiff's client, Blake Leibel, for murder. The complaint alleges the following facts: Plaintiff is an entertainment lawyer who represents Leibel. On May 26, 2016, Leibel was arrested for the murder of Iana Kasian. Plaintiff met with Leibel the following day at the county's Twin Towers Correctional...

Excerpt: ...io and David Gorgonio (“Plaintiffs”) NOTICE: OK RELIEF REQUESTED: An order from this Court striking the Fourth Cause of Action for punitive damages, in its entirety. TENTATIVE RULING: The motion is GRANTED. BACKGROUND This action arises from alleged personal injuries caused by an automobile accident that occurred on February 21, 2022. (FAC, ¶¶ 7, 42.) On January 8, 2024, Plaintiffs initiated the action. Subsequently, on February 28, 2024, P...

Excerpt: ...RANTED. Defendant Fred Gsell RJN is GRANTED. REASONING “California's long -arm statute authorizes California courts to exercise jurisdiction on any basis not inconsistent with the Constitution of the United States or the Constitution of California. A state court's assertion of personal jurisdiction over a nonresident defendant who has not been served with process within the state comports with the requirements of the due process clause ...

Excerpt: ...it, located at 13700 Marina Pointe Drive #1809, Marina del Rey, California (the “Property”). (Compl. ¶ 2.) Defendants Ben Sayani and Valeh Raissi are tenants of the Property. ( Id. ¶6.) Plaintiff and Defendants entered into a written lease agreement for the Property on May 3, 2016. ( Id. ) The lease was subsequently extended in 2017, 2018, 2019 and finally on January 31, 2020. ( Id. ) After the termination of the lease, on March 31, 2020, D...

Excerpt: ...sition to Hajoca's demurrer and motion to strike no later than May 29, 2024. Hajoca may file a reply no later than June 4, 2024. Moving party to provide notice. FACTUAL BACKGROUND This motion pertains to a Cross -Complainant filed by Goodson Real Estate Co. (GRE) and HIMR Normandie JV, LLC (HIMR) against Cross -Defendants Express Remodeling & Plumbing Inc. (Express), Jacom Mullem, The North River Insurance Company (North River), Hudso n Insurance...

Excerpt: ... Portions of Plaintiff's Complaint is granted with 20 days leave to amend. Background Plaintiff's Complaint was filed on December 12, 2023. Plaintiff was involved in a motor vehicle accident with Defendants. Meet and Confer Defendants set forth a meet and confer declaration in sufficient compliance with CCP § 435.5. (Decl., William E. Jemmott, ¶¶ 1-5.) Motion to Strike The court may, upon a motion, or at any time in its discretion, and upon te...

Excerpt: ...ntiff was granted on January 24, 2023. Plaintiff was ordered to serve verified responses, without objections, to discovery within 30 days of the Court's orders. (Min. Order, 1/24/23, 1/25/23.) On April 7, 2023, after Plaintiff failed to serve responses, the Court granted a motion for terminating sanctions and dismissed the complaint without prejudice. (Min. Order, 4/7/23.) Plaintiff failed to file an op position to the motion. On October 5, 2023,...

Excerpt: ...Scot L. Bennett's Motion to Set Aside the Dismissal Entered on December 5, 2023 as to Defendants John Koutsoukos and "Jane Doe" Koutsoukos, and to Deem the 5-Year Dismissal Statute Tolled is CONTINUED to June 13, 2024 at 10:00 a.m. in Department 25 of the Spring Street Courthouse. Plaintiff Scot L. Bennett is ordered to serve his moving papers on the defendants, file a supplemental declaration attaching the missing exhibits, and give noti...

Excerpt: ... proof of service of the complaint, summons, and statement of damages on Defendant Fernando Gutierrez Jr. (“Defendant”) showing he was personally served on August 3, 2021. On October 18, 2021, default was entered against Defendant. On November 16, 2022, the Court granted default judgment against Defendant for $586,161.10 in damages and $574.10 in costs. Defendant now moves to set aside the default and default judgment under Code of Civil Proc...

Excerpt: ... within 5 court days. Defendants to give notice. The complaint was filed on April 10, 2023, by Plaintiffs Robert W. Harrold and Maureen M. Harrold against Defendants Enzo Enterprises, Smooth Sailing Consultants GP, and Darius Rutledge alleging (1) Fraud/Deceit; (2) Financial Elder Abuse; (3) Quiet Title; (4) Cancellation of Instruments; (5) Declaratory Relief; (6) Slander of Title; and (7) Unjust Enrichment. On April 11, 2023, Plaintiffs filed an...

Excerpt: ...ct, unjust enrichment/quantum meruit, and breach of guaran ty agreement. On January 12, 2024, Plaintiff filed Judicial Council Form POS- 010, Proof of Service of Summons as to Defendant Slauson Gas Station Inc. On January 29, 2024, Plaintiff filed Judicial Council Form POS- 010, Proof of Service of Summons as to Defendant Hooman M. Nissani. On March 28, 2024, Specially-Appearing Defendant Hooman Nissani filed his Motion to Quash Summons. Speciall...

Excerpt: ... FACTS AND/OR PROCEEDINGS: This is an action for breach of contract stemming from a commercial banking agreement. Plaintiff moves to quash a series of third- party subpoenas for business records propounded to various financial institutions by Defendant. TENTATIVE RULING: Plaintiff's Motion to Quash Third -Party Subpoenas for Business Records is GRANTED. This ruling is conditioned on payment of $300 in filing fees within 10 days of this order. DIS...

Excerpt: ...e ground of lack of jurisdiction of the court over him. Defendant Jean- Pierre Murray (“Defendant”) moves to quash service of the summons and complaint upon him on the ground that Plaintiffs Richard N. Husky and Kevan J. Husky (“Plaintiffs”) did not serve Defendant by substituted service, nor was posting and mailing service proper here. Notably, “[w]hen a defendant challenges the co urt's personal jurisdiction on the ground of improper ...

Excerpt: ...aintiffs McKinley Home Foundation (MHF) and McKinley Children's Center, Inc. (MCC, collectively McKinley) entered into an agreement with Defendant West Hills Construction, Inc. (West Hills) in which West Hills agreed to install a solar power system manufactured and supplied by Green Volts, Inc. (Green Volts) in exchange for payment of $2,481,088.21. West Hills installed the system in May 2012 and in April 2015, a large number of components fa ile...