Excerpt: ...”) for injuries Plaintiff sustained when she slipped on a pool of liquid in Defendant's store and fell. On April 17, 2024, Plaintiff filed the instant motion for terminating sanctions to strike Defendant's Answer and enter judgment in the amount of $2 million dollars on the grounds that Defendant failed to comply with the Court's December 22, 2023 Order. Def endant opposes the motion, and Plaintiff filed a reply. 1. Moving Argument Plaintiff ar...

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

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

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

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

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

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

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

Excerpt: ...tion without leave to amend. The motion to strike is MOOT in part and GRANTED with leave to amend in part. Discussion This is a derivative action filed by Plaintiff Steven Liu on behalf of Defendant Saratoga Maintenance Corporation (“Saratoga”). Plaintiff originally pursued this action in his individual capacity, (see Case No. 19STCV25459), and alleged seven causes of act ion against Saratoga, Defendant John Leon, Defendant Frank Macciola, an...

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

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

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

Excerpt: ...ders. No opposition has been filed. LEGAL STANDARD “To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose…sanctions against any one engaging in conduct that is a misuse of the discovery process.” (Code Civ. Proc. section 2023.030.) The court may impose a terminati...

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

Excerpt: ...”) (collectively, “Defendants”) improperly withheld rent payments due to Plaintiff for breaches of contracts by SGE and Lighthouse. Plaintiff also alleges that Rubin and other Defendants induced and interfered with a sublease. The FAC's listed causes of action are: 1) Conversion; 2) Breach of Contract; 3) Inducing Breach of Contract; and 4) Intentional Interference with Contractual Relations. Rubin filed a demurrer to the first, third, and ...

Excerpt: ...to Demurrer to First Amended Complaint The court considered the moving, opposition, and reply papers filed in connection with this demurrer. REQUEST FOR JUDICIAL NOTICE The court grants defendants County of Los Angeles and Law Offices of the Los Angeles County Alternate Public Defender's request for judicial notice, filed on March 19, 2024. [1] (Evid. Code, § 452, subd. (d).) DISCUSSION Plaintiff Justin Cato (“Plaintiff”) filed the operative...

Excerpt: ... LLC, F50 League, LLC, Instaworks, Inc., Keenan Vatani (collectively “Defendants”), and DOES 1 through 10, alleging causes of action for: (1) Premises Liability; (2) Negligence; and (3) Battery. On January 23, 2024, Defendant F50 League, LLC (“Defendant F50 League”) filed and served the instant unopposed demurrer to the first and second causes of action in the Complaint. As of May 9, 2024, the demurrer is unopposed. Any opposition was req...

Excerpt: ...r negligence a nd premises liability related to a trip and fall on a sidewalk. On February 22, 2024, Plaintiff filed an amendment to the complaint substituting Salvador Munoz, Trustee of Ana Maria Hernandez Trust as Doe 1. Defendant Salvador Munoz, as Trustee of the Ana Maria Hernandez Trust Dated 1/10/1994 (“Defendant”) now demurs to the complaint for failing to state facts to constitute a cause of action and for uncertainty. Plaintiff oppos...

Excerpt: ... short leash, which at the time of this incident, she had dropped allowing him to walk on his own. (Complaint, p. 5 at ¶ 9.) Defendant was nearby standing with his two dogs on a leash. (Complaint, p. 5 at ¶ 10.) Plaintiff followed Buddy as Buddy approached affably to where Defendant was standing with his two dogs. (Complaint, p. 5 at ¶ 11.) Neither Plaintiff nor Defendant's dogs acted aggressively. (Id.) When Plaintiff and Buddy were approxima...

Excerpt: ..., 2023 by Plaintiff Abner Hinojos (“Plaintiff”) against Defendant Omar Deniz dba JS Auto Body (“Defendant”) for unpaid rents totaling $30,000.00 and holdover damages of $240 per day starting September 15, 2023. As of May 13, 2024, this motion is unopposed. Legal Standard The party against whom a complaint has been filed may object to the pleading, by demurrer, on several grounds, including the ground that the pleading does not state facts...

Excerpt: ...ird cause of action. 2. An order striking various portions. TENTATIVE RULING: 1. Defendant Bing Crosby Bautista's Demurrer is OVERRULED. 2. Defendant Josefina Bautista's Demurrer is OVERRULED. 3. Defendants are ordered to file their Answers to the Complaint within 20 days STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On May 9, 2023, Plaintiff National Asian American Coalition (“Plaintiff”) filed a Complaint against Defendants Faith Bautista...

Excerpt: ... injunction to enjoin Defendant Counter Brands, LLC (“Counter Brands”) from enforcing its non- solicitation clause against former consultants and current consultants to the extent that they are soliciting other consultants for a non -competing b usiness. The court has read and considered the moving papers, opposition, and reply, and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiffs filed this action on...

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

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

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

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

Excerpt: ...court considered the moving papers filed in connection with this motion. No opposition papers were filed. DISCUSSION Plaintiff Juan Cruz Rodriguez (“Plaintiff”) moves the court or an order (1) imposing terminating, issue, or evidence sanctions against defendant John Stich (“Defendant”), (2) awarding monetary sanctions in the amount of $1,500, payable by Defendant to the court, and (3) awarding monetary sanctions in favor of Plaintiff and ...

Excerpt: ...lly and dba Quality Stamp Show and Orcoexpo, Briana Pattillo's, and Eric Pattillo's motion in the alternative for summary adjudication of pro per Plaintiff Wesley Robbins' second amended complaint is denied as to the 1st, 7th, and 15th causes of action and granted as to the 6th cause of action. Defendants Stephen Pattillo, individually and dba Quality Stamp Show and Orcoexpo (“Stephen”), Briana Pattillo (“Briana”), and Eric Pattillo (“E...

Excerpt: ...ment for the property at 4930 Coldwater Canyon Ave, Sherman Oaks, CA 91423, with Plaintiff as purchaser and Defendant as seller. Plaintiff alleges it was ready to perform but that Defendant cancelled escrow and the contract. Plaintiff brings causes of action for (1) breach of written contract and (2) breach of the implied covenant of good faith a nd fair dealing. Defendant 4930 Coldwater filed a Cross- Complaint against Plaintiff for (1) breach o...

Excerpt: ...Roes 1 -25 for declaratory relief, implied indemnity and equitable apportionment. On December 22, 2022, Plaintiff amended the complaint to include Defendant Emotional Health Association (“EHA”) as Doe 1. (EHA later clarified that its correct name was Emotional Health Association Corporation dba Share!) On June 8, 2023, Plaintiff filed a first amended complaint. On July 12, 2023, Jenkins filed an answer. On September 7, 2023, the Court sustain...

Excerpt: ...�¿ ¿ On November 17, 2020, Plaintiff DRAKK Holdings, LLC (“DRAKK”) filed this action against Defendant, PSIP SN Vermont, LLC (“PSIP”). On September 29, 2021, Plaintiff filed a Second Amended Complaint. On November 30, 2022, Plaintiff filed a Third Amended Complaint (“TAC”)alleging cases of action for: (1) Specific Performance/Express Written Contract; (2) Specific Performance/Promissory Estoppel; (3) Specific Performance/Breach of I...

Excerpt: ...onal injury action. Plaintiff later identified Defendant Doe 1 as Jamison Services Inc. (“Jamison Services”), Doe 2 as Central Plaza LLC (“Central Plaza”), and Doe 3 as Jamison Realty Advisors LLC (“JRA”). On July 24, 2023, JRA filed a motion for summary judgment, or in the alternative, summary adjudication. On November 30, 2023, Jamison Services and Central Plaza filed a motion for summary judgment, or in the alternative, summary adj...

Excerpt: ...etainer action. On August 1, 2023, Plaintiff Scarlet Martha Morales (“Plaintiff”) filed this action against Defendant Armida Cardenas (“Defendant”) seeking six months of unpaid rent from February 1, 2023 to August 1, 2023, totaling $15,000, in addition to holdover damages of $83.33 per day starting July 31, 2023. Plaintiff is Defendant's former mother- in-law. Legal Standard The purpose of a motion for summary judgment “is to provide co...

Excerpt: ...�Plaintiff”) filed this action against Defendants FI Automotive Group, Inc. (“FI Automotive Group”), Arthur Bakharyan, aka Artur Bakharyan, and George Bakharyan, aka Gevork Bakharyan, aka G. Bakharyan . On September 26, 2022, Plaintiff filed an amendment to the Complaint naming Formula Automotive Group, Inc. (“Formula Automotive Group”) in place of “Doe 1.” On April 13, 2023, Plaintiff filed the operative Second Amended Complaint (�...

Excerpt: ... of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” “The court must ‘grant[ ]' the ‘motion' ‘if all the papers submitted show' that ‘there is no triable issue as to any material fact' [citation]—that is, there is no issue requiring a trial as to any fact that is necessary under the pleadings and, ultimately , the law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Issue 1: Pl...

Excerpt: ...iff was unconscious. When Plaintiff woke up the next day, April 24, 2020, he was disoriented and repeatedly asked two orderlies where he was. Plaintiff alleges the two orderlies shoved Plaintiff, and repeatedly punched Plaintiff's face and body. Plaintiff has a history of manic depression. (Compl. ¶¶ 12- 13.) Plaintif f alleges significant mental suffering and emotional distress because of the abuse. (Compl. ¶ 26.) Plaintiff brings causes of a...

Excerpt: ...nt dispute with the University of Southern California (“USC”). (Compl. ¶ 1.) Plaintiff alleged she had been wrongfully terminated and also claimed whistleblower retaliation and discrimination. ( Id.) Plaintiff alleges the Defendant was negligent in its representation of her in the underlying employment case by acquiescing to arbitration when the arbitration agreement was not enforceable and was repudiated by USC; failing to properly investig...

Excerpt: ...siness relationship gone awry. On December 14, 2023, the First Amended Complaint (FAC) was filed, which omitted Leo Gonzalez as a plaintiff and added a cause of action. On December 21, 2023, Plaintiff Vrezh Hovhanissyan (“Plaintiff”) filed Notice of Errata Re First Amended Complaint. On March 27, 2024, by request of Plaintiff, the Clerk's Office entered default on Defendant Faro Management, LLC. On April 11, 2024, the Court denied the anti -S...

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

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

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

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

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

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

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

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

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

Excerpt: ...ges on Varela on November 17, 2022, and personal service of a statement of damages on Song on November 12, 2022. The statements of damage each listed $5,000 ,000.00 for pain, suffering, and inconvenience, $2,000,000.00 for emotional distress, $650,000.00 for medical expenses to date, $500,000.00 for future medical expenses, and $1,000,000.00 for loss of future earning capacity. On April 12, 2023, the clerk entered Varela's default. On May 5 and J...

Excerpt: ...upplement its responses when new information comes into its possession. ( Biles v. Exxon Mobil Corp. (2004) 124 Cal.App.4th 1315, 1318–1319, 1328.) “[A]bsent unusual circumstances, such as repeated and egregious discovery abuses,” courts will not impose an evidentiary sanction for a failure to disclose unless there has been a “willful” failure to disclose. (Id., at p. 1327.) Here, there has been no showing that any of Defendant's discov...

Excerpt: ...feway Inc.), Kehe Distributors, Inc. (Doe 1), and Jyve Corporation (Doe 2) for damages arising from a boxes falling on Plaintiff while in a grocery store. The Vons Companies, Inc. (“Vons”) and Kehe Distributors, Inc. (“Kehe”) each filed a separate motion for terminating sanctions to dismiss plaintiff Patrick Rayfield's (“Plaintiff”) complaint against them for failure to abide by the Court's March 6, 2024 and March 7, 2024 Orders that ...