Excerpt: ... and handling “two ragin g litigation matters,” Plaintiff also contributed more than 2,000 hours of work in other “important and lucrative civil matters” for the firm. While the parties engaged in some form of moderately specified compensation agreement, Plaintiff maintains Defendant in fact “stiffed” Plaintiff on some or all promised compensation, notwithstanding the tremendous wealth of Mark Geragos. While the parties sought a compe...

Excerpt: ...Defendant John Chickanis to give notice. REASONING “[A] demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters ou tside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994 [in ruling on a dem...

Excerpt: ...ks and Andrew Dinksy I. BACKGROUND This is a construction defect case. David Bilfeld (“Bilfeld”) and his company, 1978, LLC, were in the business of developing and building residential homes. In 2018, Plaintiff Cathy Arkley (“Plaintiff”) entered into an agreement to purchase a residential property located at 462 N. Croft Avenue, Los Angeles, California 90048 (the “Subject Property”) from Bilfeld and his company. Douglas Elliman of Cal...

Excerpt: ... encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. On October 13, 2023, Plaintiffs Bak Auto Enterprise Inc. and Ashot Keshishyan filed the operative Complaint against Defendants City of Los Angeles, County of Los Angeles, State of California, and California Department of Transportation asserting causes of action for (1) dangerous condition of public property and (2) nuisance. The allegations of the Complai...

Excerpt: ...ch of contract, unjust enrichment, conversion, and fraudulent inducement. Plaintiff alleges that Paul Nutall, Tiffany Nutall, and Michael Harris began a partnership in 2019 titled 2ndChance Organization (2ndChance). In November 20 19, 2ndChance contacted Plaintiff to borrow money to fund a television project. 2ndChance represented it had a contract to broadcast twenty- four TV shows using Fox and its affiliate channels and that the project would ...

Excerpt: .... PROCEDURAL HISTORY On December 12, 2023, Plaintiff filed the operative, first amended complaint (“FAC”) against Defendant for breach of service contract and common counts. Defendant has answered the FAC and also filed a cross- complaint for breach of contract. On January 25, 2024, Plaintiff filed the instant application for writ of attachment, and on May 2, 2024, Defendant filed its opposition. LEGAL STANDARD “Upon the filing of the compl...

Excerpt: ...to amend. BACKGROUND This is a personal injury action in which Plaintiff alleges that on 2/16/21, he was injured in a motor vehicle collision between his vehicle and that operated by defendants Uber Technologies, Inc. and Guillermo Neuenschwander Grupp. (Compl. p. 5.) On 1/20/23, Plaintiff filed his complaint against Defendants, alleging the following causes of action: (1) Motor Vehicle Negligence; and (2) General Negligence. On 9/21/23, Cross -C...

Excerpt: ...nd intentional misrepresentation; (2) concealment; (3) violation of the Unfair Competition law; (4) violation of California Civil Code section 1102; (5) breach of contract; (6) negligent misrepresentation; (7) negligence; and (8) violation of Civil Code section 2079. On 5/23/2023, default was entered against Victor Mendiola.[1] On 4/5/2024, Victor Mendiola (Defendant) moved to set aside the entry of default and his dismissal. The motion is unoppo...

Excerpt: ...s. Accordingly, on October 21, 2019, the court ordered Plaintiff to pay Defendant $25,000 in attorney's fees and costs. On April 18, 2022, Defendant issued a writ of execution. On June 15, 2022, a levy on all wages and monies due was issued against Third -Party Sherif Osmon, Inc. (dba Maged Chevron) (Third -Party). Third -Party did not respond or comply with the levy. On September 14, 2023, Defendant filed this motion to enforce the levy. ¿¿DIS...

Excerpt: ...usiness Records Subpoenas; Request for Sanctions [THE FOLLOWING IS A TENTATIVE RULING IN THE ABOVE CASE]: I. BACKGROUND A. Factual Background Defendant Valley Grace Home, Inc. (“Valley Grace”), which is owned by defendant Gregory Mikitarian (“Mikitarian” and, together with Valley Grace, “Defendants”), is a 15 -bed residential nursing facility to which plaintiff Sharon Whitfield Wright (“Plaintiff” and, together with Defendants, �...

Excerpt: ... Party”) RESPONDING PARTY: None as of May 3, 2024. The Court has considered the moving papers. BACKGROUND On November 21, 2023, Plaintiffs Leobardo Segura -Meza and Mirian Sanchez (“Plaintiffs”) filed the operative Second Amended Complaint (“SAC”) against Defendants Agoura Hills Marble and Granite, Inc., et al. (“Defendants”) for: (1) Negligence; (2) Strict Lia bility – Warning Defect; (3) Strict Liability – Design Defect; (4) F...

Excerpt: ...ARING DEFENDANT STYLENQUAZA LLC'S MOTION TO QUASH SERVICE OF SUMMONS IS GRANTED. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self -represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, reply, and supplemental briefing. BACKGROUND On March 13, 2023, Plaintiffs Rodolfo Garcia- Ros...

Excerpt: ... No opposition papers were filed. The motion is MOOT and is taken OFF -CALENDAR due to Defendant Anita Wu being dismissed from this action on November 17, 2023. Background This is an action arising from the alleged failure to pay wages. On August 15, 2023, Plaintiff Yang Hai, an individual and on behalf of aggrieved employees (“Plaintiff”) filed a Complaint against Defendants Golden Arcus Int'l Co, Yu Zhou, Anita Wu (“Wu”) ( collectively ...

Excerpt: ...ts William Randolph Fry (“Fry”), Gitibin & Associates, Inc., and Does 1 to 50 for damages arising from an automobile collision. Trial is currently set for November 12, 2024. Defendant Fry now moves to reopen discovery for the limited purpose of conducting Plaintiff's physical examination, which had been noticed prior to the discovery cut- off date. Plaintiff opposes the motion, and Fry filed a reply. II. MOTION TO REOPEN DISCOVERY CCP § 2024...

Excerpt: ...d an answer and a cross -complaint against Plaintiff for assault, battery, false imprisonment, intentional infliction of emotional distress and negligent infliction of emotional distress. On January 3, 2023, Plaintiff amended the complaint to include Defendants Uber Technologies, Inc. (“Uber”) as Doe 1 and Mikael Doe (“Mikael Doe”) as Doe 2. On January 10, 2023, Huston filed a first amended cross -complaint, adding a cause of action for d...

Excerpt: ...suit against Full Circle Real Estate Solutions, Inc., Danny Elia the Mum Group, Marvin U. Mangabat, and Erik Lederman, alleging: (1) intentional misrepresentation; (2) concealment; (3) negligent misrepresentation; (4) conversion; (5) rescission; (6) cancellation of written instrument; (7) quiet title; (8) violation of Civil Code section 2945, et seq.; (9) financial elder abuse; and (10) declaratory relief. On 3/7/2024, Defendants Full Circle Real...

Excerpt: ...CE: OK RELIEF REQUESTED: An order from this Court setting aside the Default entered against Defendant on September 19, 2023. TENTATIVE RULING: The Motion to Set Aside is GRANTED. BACKGROUND This action arises from the alleged encroachment by Defendant onto Plaintiff's property located at 12325 Kagel Canyon Rd. Sylmar, California, 91342 (the “Subject Property”). On July 20, 2023, Plaintiff Cynthia Stoddart (“Plaintiff”) filed a Complaint a...

Excerpt: ...ed default against Defendant on June 7, 2022. On July 29, 2022 and April 11, 2023 the Court denied Plaintiff's requests for entry of default judgment without prejudice. The April 11, 2023 Order also stated: “If the Plaintiff is unable to obtain a Default Judgment, the Court may Dismiss the action. (See Code of Civil Procedure §§583.410, 583.420, subd.[a][2][B]; California Rules of Court, Rule 3.1340[a].)” On September 19, 2023, the Court ag...

Excerpt: ...s. I. Background A. Pleadings On August 10, 2020, Plaintiff The Law Firm of Fox and Fox (Fox & Fox) initiated this action by filing a Complaint alleging claims of (1) Breach of Contract and (2) Common Counts against Defendants David J. Itzikman and Does 1 through 10. The claims arose from allegations that Fox & Fox “represented Defendant [Itzikman] in the dissolution of marriage matter, filed in Los Angeles Superior Court, Case Number BD 646 62...

Excerpt: ...g from Plaintiff Danya Campbell's lease of a 2018 BMW 530e. (Complaint ¶ 6.) This matter came on for trial on March 13, 2023, and the jury rendered its verdict on March 24, 2023, finding in Plaintiff's favor on the implied warranty claim in the amount of $10,882.47. On July 12, 2023, this court denied Plaintiff's motion for new trial. On January 10, 2024, this court denied Plaintiff's motion to invalidate Defendant's section 998 offer. Plaintiff...

Excerpt: ..., Unit 405, Santa Monica, California (the “Premises”) to Defendant So Yun Song (“Tenant”). Tenant allegedly failed to pay rent from February 2022 through January 2023. Landlord served a 3 -Day Notice to Pay Rent or Quit. Tenant failed to quit the p remises or pay rent, and this action ensued. Trial was scheduled for April 3, 2024 at 8:30 a.m. Defendant sought from Plaintiff an agreement to seek a continuance of the trial to which Plaintif...

Excerpt: ...sentation requirement of Government Code section 945.4. BACKGROUND This case arises out of Petitioner's claim she was injured by a hazardous and negligently maintained roadway while riding on her moped in a reasonable manner. TENTATIVE RULING Petitioner's petition for an order for relief from the requirements of Government Code section 945.4 is GRANTED. DISCUSSION Petitioner seeks relief from Government Code section 945.4. “ The procedural requ...

Excerpt: ...a 30 -day suspension. The court has read and considered the moving papers, opposition, and reply, and renders the following tentative decision. A. Statement of the Case 1. The Petition Petitioner LACMA filed the Petition against Respondent Commission on July 17, 2023, alleging one cause of action for administrative mandamus. The Petition alleges in pertinent part as follows. Petitioner County is a public entity and legal subdivision of the State ...

Excerpt: ...e and she could make payments. ( Id., ¶ 17.) On or about November 3, 2019, Defendant purchased a 2020 Land Rover Evoque in his name with a down payment of $40,000 and financed the balance. ( Id., ¶¶ 18- 19.) On or about December 16, 2019, Plaintiff repaid Defendant for the down payment with a $40,000 check. ( Id., ¶ 21.) Plaintiff made the payments on the VEHICLE except when Defendant was living in Plaintiff's home or when Defendant prevented...

Excerpt: ...r employed by Lyft, Inc. (Complaint ¶ 5.) Defendant Lyft, Inc. (“Defendant”) now moves to disqualify Quinn Graham and the law firm of Rafii & Associates, P.C., the firm that represents Plaintiff. Defendant argues that Quinn Graham previously represented Defendant in automobile accidents like the i nstant case and has received confidential information. Defendant argues that because Graham is disqualified, the firm Rafii & Associates is vicari...