Excerpt: ... (the “Vehicle”) from defendant Haute, LLC d/b/a Vegas Auto Gallery Lotus Cars Las Vegas (“Defendant”). (Complaint p. 2). In doing so, Parties entered a purchase agreement (the “Purchase Agreement”) and an arbitration agreement (the “Arbitration Agreement”). (Opposition pp. 1 –2.) Plaintiff later learned that the Vehicle's odometer had been “rolled back” so that it showed significantly lower mileage than it actually possesse...

Excerpt: ...tors LLC (“Defendant”) arising from \ his purchase of a 2020 Chevrolet Bolt EV (“Vehicle”). On November 20, 2023, Defendant filed this demurrer and motion to strike. Defendant demurs to Plaintiff's first cause of action for fra\ ud and misrepresentation, second cause of action for negligent misrepresentatio\ n, and third cause of action for violation of Business and Professions Code section 17200 et seq. (the “UCL”). Defendant moves t...

Excerpt: ...adult children. BACKGROUND: On January 25, 2023, Eliyaho Schefres (“Schefres”) and Ramish Manglani (“Manglani”) filed their Complaint against Ha -Rakhamon Farhod Azizi (“Azizi”) (erroneously sued as Azizi Ha Rakhamon Farhod) on causes of action arising from alleged negligence. On April 21, 2023, Azizi filed his Answer to the Complaint. On May 24, 2023, Azizi filed his Cross -Complaint against Peter Velasquez Hernandez, Daniel Anselmo ...

Excerpt: ... : Application to seal is denied without prejudice. SUMMARY OF ACTION On September 5, 2023, Golden Hammer Ops, LLC (Golden Hammer) sued JETNET, LLC (JETNET), Daniel Streufert, and ADSBEXCHANGE.com (ADSB) for misappropriation of trade secrets, intentional interference with contractual relations, and violations of the Californ ia Computer Fraud and Abuse Act. On October 30, 2023, JETNET cross -complained against Golden Hammer and its owner, Gregory...

Excerpt: ...er, “Defendants”) alleging six cause s of action for (1) breach of written agreement; (2) breach of personal guaranty; (3) money lent; (4) indebtedness; (5) conversion; and (6) claim and delivery stemming from Plaintiff's loan to Defendants for the purchase of various business equipment, which Defendants allegedly failed to repay. Plaintiff now applies for a writ of possession against each Defendant. Plaintiff's applications are unopposed. LE...

Excerpt: ...d, Santopietro did not request leave to file a second amended pleading, and the Court did not grant such leave. Thus, this document is a nullity. Second, Cross -Complainant's Counsel's Opposition was difficult to follow. For instance, Counsel states: “B. The essence of the Complaint by Vasdekis against Santopietro is (for the purpose of opposing these Demurrers, this section is showing disputed facts and undisputed facts that establish her cros...

Excerpt: ...aula Quezada sues Defendants Rogelio Quezada (ex -spouse), Erika Rivera (Rogelio Quezada's girlfriend), Samuel Quezada (Rogelio Quezada's brother), and Does 1 through 100 pursuant to a February 1, 2021, Second Amended Complaint (SAC) alleging cla ims of: (1) Fraudulent Conveyance and (2) Conspiracy to Engage in Fraudulent Conveyance against Rogelio Quezada and Erika Rivera; and (3) Fraud and (4) Constructive Fraud against Samuel Quezada (construc...

Excerpt: ...ourt sets the OSC RE: Amended Complaint for June 7, 2024, at 8:30 a.m. Defendant to give notice. BACKGROUND On January 1, 2024, Nicholas F. Sherman (“Plaintiff”) filed a Complaint against Ori Sultan (“Sultan”), AS Woodland Hills LLC (“AWH”) and Does 1 to 20. The Complaint alleges three causes of action: (1) Quiet Title, (2) Fraud, and (3) Recovery of Money Paid to Unlicensed Contractor. On January 23, 2024, Defendant AWH filed an unla...

Excerpt: ...Fourth Amended Complaint is overruled. Farmers Insurance Exchange's Motion for Determination of Good Faith Settlement is granted. Background Plaintiffs filed the Complaint on February 26, 2021. Plaintiffs' First Amended Complaint was filed on July 15, 2022. Plaintiffs' Second Amended Complaint was filed on February 27, 2023. Plaintiffs' Third Amended Complaint (“TAC”) was filed on October 17, 2 023. Plaintiffs' Fourth Amended Complaint (“4A...

Excerpt: ...d with 20 days leave to amend, in part. McDonald's Corporation, et al.'s Motion to Strike Portions of Complaint is granted with 20 days leave to amend. Background Plaintiff filed the Complaint on December 6, 2023. While at McDonald's in Harbor City, Plaintiff K.J., a minor, was attacked by another patron of McDonald's. Plaintiff alleges the following causes of action. 1. Premises Liability 2. Negligence 3. Negligent Hiring, Training, Supervision ...

Excerpt: ...e fourth cause 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, Defendan...

Excerpt: ... an amended complaint within 20 days of the Court's order. Alternatively, if Plaintiffs decline to amend and choose to proceed on the remaining causes of action, Defendants must file and serve an answer within 30 days of the Court's order. The Court GRANTS the motion to strike to the following portions of the First Amended Complaint: 1. Paragraph 7, page 3 line 4, “jointly and severally”; 2. Paragraph 49, “emotional distress, mental anguish...

Excerpt: ...arises out of allegations of childhood sexual abuse. Plaintiffs SALUD GONZALEZ (“Salud”) and JOANA DIAZ (“Joana”) allege the following against Defendants INTERNATIONAL CHURCHES OF CHRIST, INC. (“ICOC”); THE INTERNATIONAL CHRISTIAN CHURCH, INC. (“ ICC”); CITY OF ANGELS INTERNATIONAL CHRISTIAN CHURCH (“City of Angeles Church”); THOMAS (“KIP”) McKEAN; FERNANDO SANCHEZ (“Sanchez”); SELINA ANN BOQUET (“Selina”); RICARDO...

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: ...ARTY: Plaintiff Sanah “Sonya” Hamad (“Plaintiff”) NOTICE: OK RELIEF REQUESTED: An order from this Court granting Defendants' demurrer to the Fifth and Sixth Causes of Action and striking portions of Plaintiff's First Amended Complaint. TENTATIVE RULING: The demurrer is OVERRULED. The motion to strike is GRANTED with LEAVE TO AMEND. BACKGROUND On June 27, 2023, Plaintiff initiated this action against Defendants and Does 1 -10. Subsequently...

Excerpt: ...defendant Reel Security California, Inc. (“Defendant” and, together with Plaintiff, “Parties”). (FAC pp. 1 –3.) This lawsuit arises out of that employment. On July 28, 2023, Plaintiff initiated this lawsuit by filing a complaint (the “Complaint”). On November 7, 2023, Defendant demurred to the Complaint, which demurrer was sustained with leave to amend on January 2, 2024. On February 23, 2024, Plaintiff filed a first amended complai...

Excerpt: ... Health (collectively, Defendants/Judgment Debtors), alleging: (1) breach of contract; (2) breach of implied in fact contract; (3) open book account; and (4) account stated. Now, Plaintiff/Judgment Creditor Hospice Source, LLC (Hospice Source) moves for an order assigning to it the interest, if any, of Defendants/Judgment Debtors. The motion is unopposed. Factual Background On March 8, 2024, judgment was entered in favor of Hospice Source against...

Excerpt: ... Manager, and Does 1 to 10 for injuries arising from a slip and fall on a wet floor because Doe Manager was pouring water onto the floor. Home Depot now moves for a Protective Order to prevent Plaintiff from taking the depositions of Julio Monzon (“Monzon”) and Michael Lewis (“Lewis”). Plaintiff opposes the motion, and Home Depot filed a reply. 1. Moving Argument Home Depot avers that its employees Monzon and Lewis were investigating mana...

Excerpt: ...Jeffrey Solomon fell from a ladder that he purchased from Defendants. The accident occurred in Idaho, where Plaintiffs reside, and Plaintiffs were treated in Idaho. There is one other witness to the incident, who also lives in Idaho. However, Defendants have their principal place of business in California. On March 30, 2023, Defendants filed a motion to dismiss the action on grounds of forum non conveniens, arguing that the case should be tried i...

Excerpt: ...fendant”) and DOES 1 through 50, inclusive, alleging causes of action for: (1) breach of written contract; and (2) s tatutory misappropriation of trade secrets. The Complaint arises from the alleged breach of the Confidentiality and Non-Compete Agreement (the “Agreement”), entered into between Plaintiff and Defendant. (Complaint, ¶ 11- 12; Exh. A.) The Agreement states, i n part, that “[t]he prevailing party in any action to enforce this...

Excerpt: ... against Defendants Amy Jam and Mohsen Haddad (collectively, Defendants) for unlawful detainer. On 8/15/23, after a court trial, the Court entered judgment in favor of Plaintiff awarding Plaintiff possession of the disputed real property, holdover damages of $62,500.00 and costs of $750.00 for a total monetary judgment of $63,250.00 . On 8/30/23, Plaintiff filed and served a memorandum of costs in the amount of $14,176.75 which Defendants did not...

Excerpt: ...or terminating sanctions, it is making no ruling of what evidence will be admitted at trial. These will be issues to be decided based on Motions in Limine or objections posed during the trial. BACKGROUND: On January 12, 2022, Plaintiffs Sawyers S., Donlad D., Ayden M., Connor C., Hayden H., Walker B., Sophia F., Corinne D., Symonne H., Claire E., and Reese E. filed their Complaint against Defendants Tiffany Rockelle Smith, Hunter Hill, and Piper ...

Excerpt: ...ants' answer and cross - complaint, and monetary sanctions against Defendants and their counsel in the amount of $4,560.00. ¿ TENTATIVE RULING: The motion is granted in part. The Court imposes $900.00 in monetary sanctions against Defendants and/or their counsel. Plaintiff is reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e- filing documents, parties must comply with the “TECHNICAL REQU...

Excerpt: ...ts”) alleging, among other claims, a claim for declaratory relief in connection with a Partnership Agreement and Operating Agreement pur portedly entered into between Plaintiff and Darlene J. Upchurch-Friedman for properties located on La Brea Avenue and W. Jefferson Boulevard in Los Angeles (the “Property”). Defendants' Cross-Complaint alleges claims against Plaintiff for trespass, intentional interference with prospective economic relatio...

Excerpt: ...rnia Design”): Plaintiffs hired Defendant to do re- modeling work in Plaintiffs' home. As part of the remodel, Defendant's employee relocated Plaintiffs' Viking refrigerator to Plaintiffs' garage so that Plaintiffs could continue to use the Viking during the remodel, but in the process, Defendant failed to properly secure the Viking in its place. When Plaintiff Candy went to open the Viking, the entire refrigerator began to fall on ...

Excerpt: ...IONS OR FEE AWARD; AND (4) FOR RELATED RELIEF (filed 5/11/2024) TENTATIVE RULING Plaintiff's Motion for (1) Preliminary Injunction for Turnover of Client Files ; (2) Alternatively, for Order to Provide Information Needed for a Writ of Possession; (3) Request for Money Sanctions or Fee Award; and (4) for Related Relief is DENIED. I. BACKGROUND On January 4, 2022, Plaintiff John Risk, individually and as Trustee of the Anne Risk Trust, filed the in...

Excerpt: ... new date for the trial? The Court asks the question because there is a disconnect between the Notice of Ruling of the June 1, 2023 hearing prepared by Plaintiff's c ounsel and the Court's own Minute Order for the June 1, 2023 hearing. The Notice of Ruling states, in pertinent part, "[a]ll pre-trial deadlines are based on the new trial date EXCEPT for the deadline to file a motion for summary judgment. The deadline to file a motion fo...

Excerpt: ... as may be proper.” (Code Civ. Proc., § 473, subd. (a)(1).) “This discretion should be exercised liberally in favor of amendments, for judicial policy favors resolution of all disputed matters in the same lawsuit.” (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047.) Permitting plaintiff to file an amended complaint serves the interest of justice. Plaintiff, however, cannot file a second amended complaint because ther...

Excerpt: .... Defendant Brand Boulevard Associates, L.P. owns the parcel and assigned the lease. Plaintiff opened Oak & Vine Restaurant on the first floor and loft ar ea of the premises. In 2017, renovations began for the opening of “Veranda” restaurant operating on the rooftop immediately above Oak & Vine. Defendant Elevate Venues, LLC was responsible for the operation of Veranda. Plaintiff alleges the renovations, including improperly installed drainag...

Excerpt: ... Defendants/Cross- Complainants Robert Goldberg and Kathleen Goldberg, Trustees of the Robert and Kathleen Goldberg Family Trust dated July 30, 2004 (the Goldbergs) and against Plaintiffs/Cross -Complainant s Anthony Scearce and Jeannene Scearce (the Scearces), as to the Scearces' cause of action to quiet title to a prescriptive easement over the Goldberg's property. RULING : The motion is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY On 8/8/22, ...

Excerpt: ...CKGROUND A. Factual O n August 4, 2023, Plaintiff, Larry Tran (“Plaintiff”) filed a Complaint against Defendants, Tesla, Inc., Tesla Motors, Inc., and DOES 1 through 10. The Complaint alleges causes of action for: (1) Breach of Warranty – Song -Beverly Act: Failure to Repurchase or Replace Consumer Good After Reasonable Number of Repair Opportunities (Civ. Code § 1793.2(d)); (2) Breach of Warranty – Song -Beverly Act: Failure to Promptly...

Excerpt: ...RY JUDGMENT AGAINST PLAINTIFF JUAN ASPUIRO IS GRANTED. DEFENDANTS 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. No opposition has been recieved. BACKGROUND On May 11, 2022, Plaintiffs Robert Green, et al. filed a complaint against Defendant SR...

Excerpt: ...y Injunction Moving Party : Petitioners Save Weddington, Inc., Studio City Residents Association, and Save Los Angeles River Open Space Responding Parties : Respondent City of Los Angeles; Real Parties in Interest Harvard- Westlake School and 4141 Whitsett LLC T/R: PETITIONERS' REQUEST FOR A PRELIMINARY INJUNCTION OR STAY STOPPING ALL APPROVALS, SITE PREPARATION, AND CONSTRUCTION ACTIVITIES IS DENIED. THE PARTIES ARE ASKED TO ADDRESS AT ARGUMENT ...

Excerpt: ...y Injunction Moving Party : Petitioners Save Weddington, Inc., Studio City Residents Association, and Save Los Angeles River Open Space Responding Parties : Respondent City of Los Angeles; Real Parties in Interest Harvard- Westlake School and 4141 Whitsett LLC T/R: PETITIONERS' REQUEST FOR A PRELIMINARY INJUNCTION OR STAY STOPPING ALL APPROVALS, SITE PREPARATION, AND CONSTRUCTION ACTIVITIES IS DENIED. THE PARTIES ARE ASKED TO ADDRESS AT ARGUMENT ...

Excerpt: ...t in order to ensure the orderly administration of justice. (Code Civ. Proc., §§ 128, 187; Rutherford v. Owens- Illinois, Inc. (1997) 16 Cal.4th 953, 967 [“It is also well established that courts have fundamental inherent equity, supervisory, and administrative powers, as well as inherent power to control litigation before them.”].) ANALYSIS Defendants 730 N. La Cienega, LLC, Koi LP, Nick Haque, 734 LCB, LLC, and Koi Group, Inc. move to sta...

Excerpt: ...tion. TENTATIVE RULING : Summary judgment is DENIED. Summary Adjudication is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff John Doe (“Plaintiff”) has brought a suit for the alleged dissemination of his HIV status by Dr. Joshua Rice while he was a patient at the hospital. Specifically, while a colleague and friend were visiting, Dr. Rice and Good Samaritan staff walked into the room with all three, including Plaintiff, and ...

Excerpt: ...rtainment LLC, et al. for damages arising from a trip and fall at SoFi stadium. Defendants Kroenke Sports & Entertainment LLC; Stadco LA, LLC; Pincay RE, LLC; and Chargers Football Company, LLC filed their motion for summary judgment/adjudication as to Plaintiff's operative complaint. The hearing on the motion is set for April 26, 202 4. Defendant Contemporary Services Corporation filed its separate motion for summary judgment against Plaintiff's...

Excerpt: ...HAT PLAINTIFF SERPOUHIE SARKISSIAN LACKS STANDIN G TO PURSUE HER CAUSES OF ACTION Defendants' motion in limine no. 7 is DENIED. Moving party to provide notice. DISCUSSION Defendants move the Court for an order in limine to (1) preclude the presentation by Plaintiffs of any and all evidence, testimony, and argument that they suffered pecuniary harm based upon the loss of revenues of CVC, and that (2) Plaintiff S. Sarkissian lacks standing to asser...

Excerpt: ...ac”), Elena Nikolayevna Koroteeva (“Koroteeva”), and Does 1 through 20, inclusive (collectively “Defendants”), asserting five causes of act ion for (1) Breach of Contract; (2) Breach of Guaranty; (3) Conversion; (4) Restitution Based on Unjust Enrichment; and (5) Money Had and Received. On September 13, 2023, the Court entered default against Koroteeva. On February 7, 2024, Plaintiff filed the instant motion for summary judgment or summ...

Excerpt: ...he moving papers. There was no opposition filed. Plaintiff filed an unauthorized supplemental brief in support of the Motion for Summary Judgment/Adjudication. The Court does not consider Plaintiff's unauthorized supplement brief, which contains new evidence. Plaintiff's Motion for Summary Judgment is GRANTED. Background Plaintiff leased commercial property to Defendant DZLA, LLC. Plaintiff served Defendant with three 10 -day Notices to Cure or Q...

Excerpt: ...24 REPLY: 5 April 2024 TENTATIVE: Defendants' Motion for Summary Judgment or, in the alternative, Summary Adjudication is denied. Defendants to give notice. BACKGROUND This action arises out of the purchase by John O'Boyle (“Plaintiff”) of a 2019 Porsche 911 GT3 RS (“Subject Vehicle”) from Defendant, Motorcars West, LLC dba The Auto Gallery (“Dealer”). The Complaint alleges that on March 1, 2018, Plaintiff entered into a Delivery Posi...

Excerpt: ...f Milad Nowrozani (Plaintiff) filed this action against Defendant Anthony Chiang (Defendant) and other defendants on February 24, 2023. Plaintiff alleges that Defendant tricked Plaintiff into wiring him $28,000.00. Plaintiff believed that he was ge tting an Audemars Piguet watch, but Defendant never delivered the watch to Plaintiff, and Plaintiff now believes that the watch never existed. Defendant filed an answer in pro per on April 4, 2023. Sin...

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: ... Plaintiff for failure to comply with the Court's prior discovery order. On November 20, 2023, Visconti filed a motion to set aside the orde r of June 1, 2023 on the ground that the order is void because the court lacked jurisdiction to consider Pinto's motion to expunge lis pendens, and she never had notice of the hearing. On January 3, 2024, Visconti filed a motion to set aside the order of December 4, 2023 on the ground that the order is void ...

Excerpt: ...t of Quiet Enjoyment, (4) Breach of the Implied Warranty Of Habitabili ty - Civ Code §1941.1, (5) Intentional Infliction of Emotional Distress, (6) Intentional Misrepresentation (Civ Code§1709), (7) Abuse of Process, (8) Landlord Retaliation (Civ. Code § 1942.5), (9) Violation Of Bus. & Prof. Code § 17200 et. seq., Unlawful, Fraudulent and Unfair Business Acts and Practices, and (10) Negligence. Plaintiff now seeks leave to file a proposed Fi...

Excerpt: ...after all pleadings are completed (the case is “at issue”) and new information requires a change in the nature of the claims or defenses previously pleaded. (See Dye v. Caterpillar, Inc. (2011) 195 Cal.App.4th 1366, 1380.) “The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified. Leave to amend should be denied only where the facts are not in dispute, and the nature of the plainti...

Excerpt: ...ional distress, negligent infliction of emotional distress, and negligence. Plaintiff alleges while on the premises of Homegoods, Inc., located at Reseda Boulevard in Tarzana, California, DOE employee of Defendant was following Plaintiff around the store, making her feel uncomfortable to shop. When Plaintiff wanted to leave the store, she noticed the DOE employee was touching himself, fully erected. Plaintiff further alleges she went to the front...

Excerpt: ...(SBS), Bryan Russolesi, Daymon Harris, Barbara Chiling, and Timothy Glasserand for (1) Violation of CC 2924.11 (d); (2) Breach of Contract; (3) Unfair Business Practices in Violation of Business and Professions Code §§ 17200 et seq.; (4) Tortuous Interference with Prospective Economic Advantage; (5) Interference with Contract; (6) Quiet Title. (7) Declaratory Relief; (8) Temporary an d Permanent Injunction; (9) Fraud; (10) Wrongful foreclosure ...

Excerpt: ...ant the State Bar of California's Demurrer to Plaintiff's Third Amended Complaint [CRS# 9758]. I. Background A. Pleadings Plaintiff Jinwoo Park sues Defendants Keith K. Kim, John P. Yasuda, Herb Fox, Joseph Walsh, all his former criminal defense attorneys, and the State Bar of California pursuant to a November 1, 2023, Third Amended Complaint (TAC) alleging an undefined cause of action that is alleged not to be “legal malpractice” but is alle...

Excerpt: ...aintiff”) filed a Complaint against Defendants, LAZ Karp Associates, LLC, Serco Group, City of Inglewood, County of Los Angeles, and DOES 1 through 25. On February 26, 2024, Plaintiff filed a First Amended C omplaint (“FAC”) alleging causes of action for: (1) Intentional Tort; (2) General Negligence; and (3) Motor Vehicle Negligence. On February 6, 2024, this Court previously sustained demurrers to Plaintiff's original Complaint, filed by d...

Excerpt: ...VE RULING: 1. Motion to Compel Arbitration is GRANTED; 2. The court ORDERS this action STAYED pending arbitration. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On July 20, 2023, Plaintiff Shane Lichterman (Plaintiff) filed a Complaint against Defendants Baxter of California, LLC and Ambi Enterprises Inc. (Defendants) with three causes of action for: (1) Retaliation in Violation of Labor Code §98.6, (2) Retaliatio n in Violation of Labor Code ...

Excerpt: ...ient utilities, structural defects, and deficient security. Cross -Defendant/Cross -Complainant INGENIOUS ASSET GROUP, INC. (“Ingenious”) filed a First Amended Cross -Complaint (“FACC”), alleging that it was harmed by Plaintiffs and the new property owners due to their failure to timely correct the habitability issues that allegedly existed during or before the property transfer on 3/4/20. Plaintiffs demur to the First, Fourth, Fifth and ...

Excerpt: ...ECOND AMENDED COMPLAINT WITHIN 20 DAYS OF NOTICE OF RULING. 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, and reply. BACKGROUND On January 19, 2024, Plaintiff Alison Oley filed the operative second amended complaint again...

Excerpt: ...to amend. Defendant Healthcare Financial Solutions, LLC's motion to strike is denied as moot. Defendant Healthcare Financial Solutions, LLC (“HFS”) (“Defendant”) [ previously identified as Doe 1] demurs to each cause of action in Plaintiff People of the State of California, ex rel. Allstate Insurance Company's (“Allstate”) (“Plaintiff”) second amended complaint (“SAC”) alleged against it. (Notice of Demurrer, pg. 2.) Defendant...

Excerpt: ... · 2nd Cause of Action for Fraud, Deceit, and Misrepresentation · 3rd Cause of Action for Breach of Contract · 4th Cause of Action for Intentional Infliction of Emotional Distress · 5th Cause of Action for Negligence · 6th Cause of Action for Negligent Hiring, Supervision, or Retention of Employee · 7th Cause of Action for Breach of Business and Professions Code § 17200 · 8th Cause of Action for Breach of Civ. Code § 1942.4 · 9th Cause ...

Excerpt: ...Wei”), Yi Zhang Zhou (“Zhou”), 1\ 61 Alice St. Arcadia LLC (“161 Alice LLC”), and 9416 Broadway LLC (“9416 Broadway\ ”) asserting causes of action for breach of contract, breach of fiduciary duty, aiding and abetting the breach of fiduciary duty, fraud, unjust enrichment, and constructive trust. Plaintiff alleges he owned interests in property loc\ ated at 161 Alice Street in Arcadia, California (the “Alice Property”), \ and 941...

Excerpt: ...December 20, 2022, Plaintiff, Los Angeles Apparel, Inc. (“Plaintiff”) filed a Complaint against Defendant, Domestic Medical Supply Coalition LLC and DOES 1 through 50. The Complaint alleges a cause of action for: (1) Breach of Contract; (2) Common Count s. The Complaint is based on allegations that Plaintiff and Defendant entered into a written purchase order requests and invoices, whereby Defendant would purchase gowns and masks made by Plai...

Excerpt: ...s. Pech alleged that Morgan breached the parties' written retainer agreement by failing to pay all amounts owed, which had reached $525,914.90 at the time of Pech's withdrawal as attorney in an underlying trust litigation matter. Plaintiff Pech's Second Amended Complaint alleged causes of action for (1.) breach of written contract, (2.) account stated, (3.) false promise, (4.) intentional misrepresentation, (5.) quantum meruit, (6.) breach of ora...

Excerpt: ...ey bought a new 2022 Tesla Model X from Defendant Tesla, Inc. Plaintiff alleges that he delivered his Tesla seventeen (17) times to Tesla to repair multiple defects. (Compl. ¶ 16.) Plaintiff claims Tesla was unable to service or repair the car to conform to the applicable express warranties after a reasonable number of attempts. And Tesla failed to promptly r eplace the car or make restitution to Plaintiff. ( Id. ¶ 17.) The operative complaint ...

Excerpt: ...osts are TAXED by $6,887.55. Costs are AWARDED in favor of Plaintiff and against Defendant in the total amount of $19,608.42. BACKGROUND: On September 29, 2021, Plaintiff Edward Prokop filed his Complaint against Defendant City of Los Angeles on causes of action of harassment and discrimination in violation of the Fair Employment and Housing Act (“FEHA”). On December 20, 2023, by request of Plaintiff, the Clerk's Office dismissed without prej...

Excerpt: ...its city truck colliding with Plaintiff Conejo's (“P”) trailer. P was a passenger in the truck towing the damaged trailer and claimed physical injury from the collision. A 4 day jury trial was held in January 2024 solely on the issues of causation of P's alleged personal injury damages and the quantity of those damages. On 1/24/24 the jury returned a verdict for P in the amount of $64,250 (comprised of past and future medical expenses and pas...

Excerpt: ...to Plaintiff because an account was stated in writing by and between the parties in which it was agreed that Defendant was indebted to Plaintiff. Plaintiff alleges that the claim is based on account number ending in - 2838 for the sum of $33,955.07 by which Defendant has been unjustly enriched. The complaint, filed March 21, 2023, alleges a single cause of action for common counts. On July 7, 2023, Defendant (in propria persona) filed an answer. ...

Excerpt: ...: Plaintiff Aeris Nicole De Leon alleges that on September 6, 2021, while plaintiff was a pedestrian, defendant Marco Soto Acevedo, while driving defendant's vehicle, negligently ran through an intersection and collided into plaintiff's body causing plaintif f to be injured. The complaint also alleges a claim for negligence per se, alleging that the injuries suffered by plaintiff were an occurrence the nature of which state statutes and regulatio...

Excerpt: ...intiff, if both of the following conditions are satisfied: (1)¿The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2)¿The examination is conducted at a location within 75 miles of the residence of the examinee. CCP section 2031.310 states: (a)¿If any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing with¿Section 2032.210), or...

Excerpt: ...nt, Inc. and Yuke Hou filed a Complaint against Yi Wang, Lei Zhang, and Hedi Wang on 06/21/2023. On 7/11/2023, Plaintiffs Hairun Investment, Inc. and Yuke Hou filed an ex parte application for a temporary restraining order. On 7/13/2023, the ex parte application was granted in part. On 8/2/2023, the Plaintiffs' request for a preliminary injunction was denied, and the temporary restraining order issued on 7/13/2023 was dissolved. Yi Wang filed an ...

Excerpt: ...Mercedes- Benz USA, LLC moves the Court for an order (i) compelling Plaintiff Sergio De Alba Sr., et al to arbitrate all of his claims in accordance with the arbitration agreement; and (ii) staying this action pending the outcome of arbitration. This motion is authorized by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1- 16, California Code of Civil Procedure § 1281 et seq. and supported by the accompanying Memorandum of Points and Aut...

Excerpt: ...nt in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no argument is rec eived. Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: Llyod Mosely (Plaintiff) brin...

Excerpt: ...t protected by the attorney-client privilege. The motion is granted with respect to communications on or after April 12, 2022. The motion is denied with respect to communications before April 12, 2022. RELEVANT PROCEDURAL HISTORY On January 25, 2024, while represented by attorneys of Boyd Law APC, Petitioner filed the operative, first amended petition for appointment of a provisional director and for determination of invalidity of efforts to term...

Excerpt: ...service was defective. Defendant asserts that Plaintiff failed to exercise reasonable diligence in attempting personal service, and that Plaintiff was aware, or easily could have learned, where Mr. Serpik resides as it is a matter of public record. (Serpik Decl. ¶ 2.) Defendant states that Plaintiff relied on an address of a large office building that houses many businesses, only one of which is the law firm that employs Mr. Serpik. (Serpik Decl...

Excerpt: ...ul Katz (“Defendant”) at Tujunga Ave. and Erwin St. in Los Angeles. Plaintiff alleges that Defendant failed to make a stop at a posted stop sign, which caused his vehicle to collide with Plaintiff's vehicle, resulting in Plaintiff sustaining bodily injuries. The complaint, filed August 24, 2023, alleges causes of action for: (1) motor vehicle; and (2) general negligence. B. Motion on Calendar On March 20, 2024, Plaintiff filed a motion to qua...

Excerpt: ...inants Hilton Worldwide Holdings Inc.; Woodbine Legacy/Playa Owner LLC; Davidson Hotel Company LLC; and Steve Wisner's Motion for Summary Judgment or, in the Alternative Summary Adjudication is CONTINUED to a date TBD. On or before a date TBD, the parties shall provide revised separate statements and exhibits for the Court's review. Defendants shall provide a transcript of any audio recordings on which it relies, and the transcripts must be prope...

Excerpt: ...dly due under two credit card account cardmember agreements entered between plaintiff Citibank, N.A. and defendant Arsen K. Sogomonyan. On November 20, 2023, plaintiff filed an application for an order directing service of summons on defendant by publication in the Los Angeles Daily Journal. On November 21, 2023, the court signed and filed an Order for Publication. On December 18, 2023, plaintiff filed a Proof of Publication. On January 22, 2024,...

Excerpt: ...dgment, dismissal, order, or other proceeding taken against him through his or her mistake, inadvertence, surprise, or excusable neglect.” CCP §473(b). Where such an application for discretionary relief is made, the motion shall be accompanied by a copy of the answer or pleading proposed to be filed, or the application will not be granted. (Id.) The court must grant relief from dismissal where the application is accompanied by an attorney affi...

Excerpt: ...nt in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no argument is rec eived. Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: Llyod Mosely (Plaintiff) brin...

Excerpt: ...9-1731 North Whitley Avenue (the “Project”) in the City. On December 1, 2021, the court (Judge Mitchell Beckloff) granted the petition on the grounds that City prejudicially abused its discretion in concluding that the Project qualified for the Class 32 in -fill development project exemption under CEQA. On May 27, 2022, the court entered a judgment in favor of Petitioner, and on June 22, 2022, the court issued a writ directing City to set asi...

Excerpt: ... complaint, Plaintiff was assaulted and battered on premises owned or controlled by defendants on West Olympic Boulevard in Los Angeles on October 15, 2021. On March 29, 2024, Defendant Reserve Lofts LLC (“Defendant”) filed this motion to strike portions of Plaintiff's complaint. No opposition has been filed. Legal Standard Under Code of Civil Procedure section 435, “Any party, within the time allowed to respond to a pleading may serve and ...

Excerpt: ...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 -Tile Distribution, I...

Excerpt: ...r “Netflix”) RESPONDING PARTY: Plaintiff OneTaste, Inc. (“Plaintiff” or “OneTaste”) The Court has considered the moving, opposition, and reply papers. BACKGROUND On November 3, 2023, Plaintiff OneTaste filed the instant Complaint against Defendant Netflix and DOES 1 to 100, inclusive, alleging a single cause of action for Defamation Per Se. On March 4, 2024, Defendant filed this instant special motion to strike (Anti-SLAPP) (the “Mo...

Excerpt: ..., they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 21STCV18469 and 21STCV18241 are related cases. In 21STCV18241, Plaintiff Brendan Schulz filed a First Amended Complaint against Defendants Pitzer College (“Pitzer”), Janet Schwing, Nigel Boyle, and Melvin Oliver for (1) violation of the Unruh Act, (2) attempted extortion, (3) intentional infliction of emotional distress, (4) breach o...

Excerpt: ...) filed the Petition for Writ of Mandate to compel inspection and copying of corporate documents under CCP § 1085 and Corporations Code, § 17704.10 against Respondent Oceans V, LL C (“Respondent”). Petitioner alleges that he is the owner and holder of record of one Class A Membership Unit as defined in the Operating Agreement for Oceans V, LLC dated June 21, 20216 of Respondent as a result of having invested $500,000 and paid an administrat...

Excerpt: ...laim and Delivery/Writ of Possession SUMMARY OF FACTS: Plaintiff Christopher J. Rodgers alleges that in November of 2020, plaintiff and defendant Joanie K. Chan - Jones purchased a single-family residence in Altadena as joint tenants. As of the time of the property purchase, plaintiff and defendant were in a relationship and until October of 2023 resided together at the property. Plaintiff alleges that in June of 2019, plaintiff purchased a Labra...

Excerpt: ... November 20, 2014, Raymond Tash, Trustee and Plaintiff's counsel to Defendants Vladimir Valsky, Val Serebryany, as trustee of the Serebryany Family Trust, and VIG Private Lending, Inc. and defense counsel within thirty (30) days of entry of this order. Defendants Vladimir Valsky, Val Serebryany, as trustee of the Serebryany Family Trust, and VIG Private Lending, Inc. to give notice. REASONING Defendants Vladimir Valsky, Val Serebryany, as truste...

Excerpt: ...use, (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 admission (set one) (RFAs) by mail and email. (Chen Decl., ¶ 4.) Plaintiff's daughter acknowledged receipt of the discovery by...

Excerpt: ...ent in the Tentative Ruling, no argument will be permitted unless a “ party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: Armen Elvis Sahakian...

Excerpt: ...anchez sued Defendants Mercedes -Benz USA, LLC and Does 1 through 10 pursuant to a July 3, 2023 Complaint violations of the Song Beverly Act. The claims arise from the following allegations. On July 20, 2019, Plaintiff purchased a 2019 Mercedes-Benz GLA250W (Vehicle) manufactured and/or distributed by Mercedez- Benz. In connection with this purchase, Plaintiff received an express written warranty from Mercedez -Benz, which undertook to preserve o...

Excerpt: ...ed Plaintiff through staff agency Partners Personnel – Management Services (“PPMS”). While employed with WePackItAll, Aguilera suffered various hand injuries which required accommodations. After the first injury, WePackItAll did not accommodate Aguilera. He continued working in the same manner and fashion prior to the injury. As a result, Aguilera suffered a second hand injury. WePackItAll did not offer Aguilera an y alternative light duty ...

Excerpt: ...o give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. On January 16, 2019, Plaintiffs Brian Yang and Jerry Xu filed a Complaint against Defendants Michel Amar, Alec Amar, Bit.Management, LLC, NYAM, LLC and Multiple Application Technology, LLC for (1) breach of fiduciary duty, (2) breach of contract, (3) breac h of the implied covenant ...

Excerpt: ...der Re Discovery (Song Beverly Litigation) MONETARY SANCTION: None sought FACTUAL BACKGROUND: Plaintiff Arvin Pairavi alleges that in August of 2022 plaintiff purchased from defendant dealer Allen Gwynn Chevrolet, Inc. (Allen Gwynn) a new 2023 Chevrolet Corvette vehicle, which was sold to plaintiff with an express warranty from the vehicle manufact urer, defendant General Motors LLC (General Motors). Plaintiff alleges that the vehicle was also so...

Excerpt: ...ACTION AND ANALYSIS On October 6, 2023, Plaintiff Mina Asghari (Plaintiff) filed this lemon law case against Defendant General Motors, LLC (Defendant). As part of Plaintiff's discovery requests in this case, Plaintiff served a notice of deposition for Defendant's person most qualified (PMQ) on November 2, 2023. On November 21, 2023, Defendant served objections to the notice, which Plaintiff claims were baseless, boilerplate objections. On Novembe...

Excerpt: ...MOTION: Reasonable and good faith attempt to resolve informally: Yes FACTUAL BACKGROUND: Plaintiff Behzad Richey alleges that in May of 2020, plaintiff purchased a 2019 Alfa Romeo Stelvio new motor vehicle manufactured or distributed by defendant FCA US LLC, and plaintiff received express warranties that the vehicle would be free from defects in materials, nonconformities or workmanship during the applicable warranty period, and to the extent the...

Excerpt: ...ywood, Inc. (“Starline”) on causes of action for unfair competition (statutory and common law), intentional interference with prospective economi c advantage, and false advertising. On June 8, 2022, the Court found related cases 19STCV36480 and 22STCV14150, and designated 19STCV36480 as the lead case. On October 31, 2022, the Court sustained Starline's Demurrer to the Complaint's third cause of action for intentional interference with prospec...

Excerpt: ...n, counsel for Plaintiff, Fredrick Smith, filed a Motion to be Relieved as Counsel. The court granted the motion on January 5, 2024. As such, Plaintiff is currently self- represented. On October 12, 2023, Defendant, Clearpath Federal Credit Union, filed these motions to compel Plaintiff's verifications and further responses to Requests for Production, Set One, Nos. 13, 14, 18, 19, 25, and 28- 30, and to compel Plaintiff's verifications to Form In...

Excerpt: ...rovide Responses to Requests for Production of Documents, Set One, and Request for $2,356.65 in Monetary Sanctions [CRS# 9791]; and Defendant JLR Los Angeles LLC's Motion for Order Compelling Plaintiff Powerhouse Enterprise Ltd. to Provide Responses to Requests for Production of Documents, Set One, and Request for $2,271.65 in Monetary Sanctions [CRS# 9791]. I. Background The complaint in this case alleges violations of the California Consumer Le...

Excerpt: ...country. It alleges that in December 2021, it entered into a contract with SA Hospital Acquisition, LLC (“SAH”), which was owned by Defendants Lawrence Feigen and Jeffrey Ahlholm. Plaintiff alleges that under its agreement with SAH, SAH agreed to use Plaintiff's HR services and Feigen and Ahlholm each personally guaranteed SAH's payment and performance obligations under the agreement. Plaintiff alleges that SAH began having difficulty submitt...

Excerpt: ...uest for Sanctions is GRANTED in part. Monetary sanctions are AWARDED in favor of Plaintiff and against Defendant and Defense Counsel, jointly and severally, in the total amount of $1,635.00. BACKGROUND: On August 1, 2023, Plaintiffs Edwin Haratonians and Wellness Care Residence, LLC filed their Complaint against Maurice Maalouf on the following causes of action: (1) declaratory relief; (2) breach of fiduciary duty (two counts); (3) accounting; a...

Excerpt: ...iff”) RESPONDING PARTY: Defendant American Honda Motor Co., Inc. (“AHM” or “Defendant”) NOTICE: OK RELIEF REQUESTED: An order from this Court compelling AHM to provide further responses to Plaintiff's first set of Special Interrogatories Nos. 10, 46 -48, and imposing monetary sanctions in the amount of $2,185.00 against AHM and its attorney of record. TENTATIVE RULING: The motion is DENIED. The request for monetary sanctions is DENIED. ...

Excerpt: ... to May 24, 2024 at 9:30 a.m. The parties are ordered to meet and confer pursuant to the guidelines provided by this Court below, and Plaintiff is ordered to file a 2 nd Amended Separate Statement after the completion of the Court -ordered further meet and confer, consistent with the even more detailed direction given by the Court in this Tentative Ruling . (2) CONTINUED and will be determined at the next hearing. I. BACKGROUND A. Factual On Febr...

Excerpt: ... of Subdivision (a)(3) of Civil Code Section 1793.2; (4) Breach of Express Written Warranty Civil Code Section 1791.2 subdivision (a), Section 1794; and (5) Breach of the Implied Warranty of Merchantability Civil Code Section 1791.1, Section 1794. RELIEF REQUESTED¿ “Plaintiff moves for an order compelling Defendant, FCA US LLC to respond to Plaintiff's (1) Form Interrogatories, Set One; (2) Special Interrogatories, Set One; (3) Requests for Ad...

Excerpt: ...ANAGEMENT COMPANY v. MARB CONSTRUCTION MANAGEMENT, an entity; ML PLUMBING, an entity; MICHAEL LEVENDOSKY, an individual; and ROES 1-50 inclusive TENTATIVE RULING – COMPEL RESPONSES BACKGROUND Plaintiffs filed a Complaint against Defendants on 9/1/2022 alleging three causes of action for: (1) General Negligence; (2) Negligent Hiring, Supervision, or Retention of Employee; and (3) Negligent Infliction of Emotional Distress. On 11/17/2022, a Cross...

Excerpt: ...ts argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no argument is rec eived. Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: Mehrin May (Plaintif...