Excerpt: ...agreement. Specifically, on May 1, 2022, Plaintiff entered into a license agreement (Agreement) with Defendant “for va rious rights, licenses, and services provided by” Plaintiff. Plaintiff then invoiced for those licensing services and Defendant paid all invoices until November 2022. On November 2, 2023, Plaintiff sent a notice of termination to Defendant, terminating the Agreement with immediate effect. Plaintiff alleges that the unpaid inv...

Excerpt: ...awfully terminated their agreement. Plaintiff seeks a temporary restraining order requiring Defendants to terminate their current parking manager and re- install Plaintiff as the parking manager pending trial. Plaintiff's ex parte application is denied because Plaintiff does not establish a reasonable likelihood of success on the merits or irreparable harm. BACKGROUND Plaintiff alleges as follows: For the last 60 years, Plaintiff and its affiliat...

Excerpt: ...David Wu Defendant's Motion for Summary Judgment or in the Alternative, Summary Adjudication The Court considered the moving papers, opposition, and reply. Defendants' Motion for Summary Judgment or in the Alternative, Summary Adjudication is GRANTED in part and DENIED in part. The Motion is granted as to the eleventh, twelfth, thirteenth, sixteenth, and seventeenth causes of action as against Chef on Fire, LLC. The Motion is denied as to the fir...

Excerpt: ...ch 15, 2024, Plaintiff filed her Motion for Preliminary Injunction (“Motion”). In support Motion, Plaintiff concurrently filed: (1) Declaration of Nanette K. Kinkade; (2) Declaration of Harry Sandick; and (3) Proposed Order. On March 18, 2024 Plaintiff filed her Proof of Service. On March 20, 2024, Plaintiff filed her Notice of Lodging of Thumb Drive and Proof of Service Thereto. On April 12, 2024, Defendant filed its Opposition to Plaintiffs...

Excerpt: ...tice to pay rent or quit. Trial was held on January 11, 12, 16, and 17 2024. Jury found in favor of Plaintiff. [TENTATIVE] RULING Plaintiff's Motion for Attorney Fees is GRANTED. DISCUSSION Plaintiff Shake Amzoyan moves this court for an order awarding Plaintiff its attorney fees and costs in the amount of $8,500.00 against Defendant Jaclyn Ann Kerigan on the grounds that Plaintiff is the prevailing party pursuant to the Lease Agreement entered i...

Excerpt: ... Judgment and to give notice of the Court's ruling within five calendar days of the Court's order. BACKGROUND This is a real property dispute. On February 14, 2018, Plaintiffs Bharat Patel (Bharat) and Dinesh Patel (Dinesh) (collectively, Plaintiffs) filed this action (KC070042) against Dr. Prakash Patel and Does 1 through 10, alleging causes of action for breach of settlement agreement and fraud. On March 16, 2020, Prakash Patel (Prakash...

Excerpt: ...idered the moving papers. No opposition or reply papers have been filed as of April 23, 2024. BACKGROUND This action arises out of a dispute concerning a construction project. On March 25, 2024, Cross-Defendant Rodriguez Plastering (“Moving Cross -Defendant”) filed the instant motion for determination of good faith settlement (the “Motion”). The Motion is made pursuant to Code of Civil Procedure section 877.6(a). No opposition has been fi...

Excerpt: ...eo), as lessor, and Defendants Arts District Patient Collective, Inc. (ADPC) and James Shaw (Shaw), as lessees, entered into a lease on April 4, 2018, for the Subject Premises. (Compl. ¶ 11.) On June 14, 2018, the lease was amended pursuant to a second Amendment to Lease. (Compl. ¶ 12.) Plaintiff performed its obligations under the lease, but Defendants breached the lease and have failed to pay various amounts owed under the lease in the amount...

Excerpt: ...alleges that Plaintiff Samuel Sanchez (Plaintiff) was injured by the negligent operation of a motor vehicle by Defendants Nicholas Tran, Cuong Tran, Miguel Gonzalez. (Complaint at p. 4.) Defendants Nicholas Tran and Cuong Tran filed a cross -complaint for indemnity and apportionment of fault against Defendant Gonzalez (“Gonzalez”) on August 10, 2023. Gonzalez filed an answer to the Complaint on September 12, 2023, and an answer to the cross- ...

Excerpt: ...mer (Plaintiffs) are police officers for the City of Pomona, who were retaliated against by their superiors following i ndictments for use of excessive force, notwithstanding later being acquitted of these charges. The Complaint was filed on May 8, 2020. A demurrer was sustained with leave to amend as to the original complaint on October 15, 2020, and the FAC was filed on October 30, 2020, alleging four causes of action: 1. Retaliation (Lab. Code...

Excerpt: ...ry 21, 2019, Plaintiff was invited onto Defendants' property…. [¶] Defendants… negligently installed and/or maintained the floor of the second story of Defendants' building, leaving the fl oor of the second story to be unsecure and too unsafe to walk on, so as to create a hazardous and dangerous condition. [¶] The hazardous and dangerous condition posed by second story floor was known, or in the exercise of ordinary and reasonable care woul...

Excerpt: ...laint alleges race discrimination, disability discrimination, racial harassment, disability harassment, retaliation under Fair Employment and Housing Act (FEHA), failure to prevent harassment, discrimination, harassment, or retaliation, retaliation under Labor Code section 1102.5, constructive discharge in violation of public policy, violation of Civil Code section 43, intentional infliction of emotional distress, failure to provide reasonable ac...

Excerpt: .... Plaintiffs Sherwin Tehrani Arae and Ida Molayem Arae sued Defendants Vylox , Inc., Bella Vista Property Management, Inc. and Paragon Property Management Group LLC for alleged uninhabitable conditions of a condominium unit located at 120 S. Palm Dr., #101, Beverly Hills, California (the “Property”). On January 24, 2024, Plaintiff s filed a Doe Amendment to the Complaint naming Doe 1 as Fleur De Lis at Palm Homeowners Association Inc. (“Fle...

Excerpt: ... the interest of efficiency and justice. Every court has the “inherent power, in its discretion, to stay proceedings when such a stay will accommodate the ends of justice.” See St. Paul Fire and Marine Ins. Co. v. AmerisourceBergen Corp. (2022) 80 Cal.App.5th 1, 6- 7. Courts are empowered to “provide for the orderly conduct of proceedings before it.” C.C.P. §128(a)(3); see C.C.P. §187 [conferring on courts and judicial officers “all t...

Excerpt: ... in the collision, which occurred on 4/02/21. Rodrigo suffered damages as a result of the acciden t, and is involved in companion litigation against the Gonzalezes to recover for those injuries. Plaintiff seeks a declaration that there is no coverage under the policy. It seeks the declaration on two grounds. First, it contends the Gonzalezes did not disclose the subject accident, which had already occurred, when it added the Navigator to the pol ...

Excerpt: ...n for summary adjudication is MOOT in light of the ruling on the motion for summary judgment. BACKGROUND On April 12, 2023, plaintiff American Express National Bank filed a complaint against defendant Joel Portillo for common counts (open book account and account stated). On July 25, 2023, a default was entered against defendant. On August 30, 2023, a default judgment was entered. On August 30, 2023, the parties stipulated and the court ordered t...

Excerpt: ...ed the moving papers, opposition papers, supplemental opposition, and reply papers. The court CONTINUES Defendant Derek Keane's Motion for Summary Judgment pursuant to Code of Civil Procedure § 437c(h) to May 31, 2024 in order to accommodate the taking of Keane's deposition. Plaintiff is permitted to submit its supplemental opposition papers on or before May 17, 2024. Keane is permitted to file a supplemental reply on or before May 27, 2024. Bac...

Excerpt: ...ing summary judgment in favor of Plaintiff and against Defendants Min Yi Jiang and Sung Ho Suh as to Plaintiff's two causes of action for Breach of Promissory Note and Declaratory Relief on the grounds that there are no triable issues of material fact. BACKGROUND This case arises out of Plaintiff Nengde Xu's (“Plaintiff”) claim that Defendants Sung Ho Suh (‘Suh”) and Min Yu Jiang (“Jiang”) (collectively “Defendants”) failed to rep...

Excerpt: ...tainty is overruled but sustained with leave to amend as to the seventh cause of action for fraud and deceit, eighth cause of action for negligent misrepresentation, ninth cause of action for quie t title by adverse possession, and tenth cause of action for quite title by easement by prescription. Defendant Joshua's motion to strike is denied as to Paragraphs 54, 63, 88, and Prayer of Punitive Damages, granted with leave to amend as Paragraph 101...

Excerpt: ... Sanchez (“Ricardo”) 1 filed the instant breach of contract and quiet title action against Defendants Cain Sanchez Jr. (“Cain”), Dependable Pallet Logistic, Inc. (“DPL”), Yong Yu Sanchez (“Yong Yu”), and Yans Holding LLC (“Yans”) (collectively “Defendants”). The complaint asser ts eleven causes of action for (1) Breach of Contract, (2) Breach of Covenant of Good Faith and Fair Dealing, (3) Quiet Title, (4) Declaratory Reli...

Excerpt: ... to terminate Plaintiff for making various complaints to Human Resources (HR) about workplace harassment. On March 25, 2021, Plaintiff filed suit for: 1. Wrongful Termination in Violation of Public Policy 2. Breach Of Contract and Covenant of Good Faith and Fair Dealing 3. Retaliation In Violation of Labor Code §§ 98.6 & 1102.5 On July 26, 2022, Defendant filed an MSJ. The hearing was on 6/20/23, after which the court took the MSJ under submiss...

Excerpt: ... counsel regarding the Demurrer and to file a supplemental declaration describing such meet and confer efforts at least nine (9) court days before the next scheduled hearing on the Demurrer. BACKGROUND This is an action arising from a dispute over a family trust. In September 1998, Carlota G. Cruz and Carlota's husband, Antonio V. Cruz, formed The Antonio V. Cruz and Carlota G. Revocable Trust (Cruz Trust) and are trustees of the Cruz Trust. In D...

Excerpt: ...laintiff David Bruch. The fire occurred at a building located at 8423 N. Canoga Ave on October 18, 2021. Plaintiffs Sarah Fry Bruch and Gregory Bruch (Plaintiffs) have alleged that each named Defendant contributed to the fire in some way, through the equipment designed, manufactured, sold, or installed in the building; by neglecting to adhere to building codes and regulations to maintain the facility; and/or by failing to follow code compliance i...

Excerpt: ...t filed by Plaintiff Fallon Seaborn (“Plaintiff”). The Court SUSTAINS the demurrer WITH LEAVE TO AMEND. Plaintiff shall amend the Complaint within 20 days. Background This is a breach of contract case. Defendant is a lender that makes small, secured cash loans. Plaintiff alleges that Plaintiff and Defendant entered into an agreement on June 5, 2019. Plaintiff alleges that Defendant makes loans at a very high interest rate. Plaintiff alleges t...

Excerpt: ...tion was filed. Negligence To state a claim for negligence, a party must allege (1) duty, (2) breach, and (3) causation. CACI 400, see, e.g. McIntyre v. Colonies- Pacific, LLC (2014) 228 Cal.App.4th 664, 671. For purposes of negligence liability, a landlord has a duty to take reasonable precautions to protect patrons from highly foreseeable third -party crimes. Ann M. v. Pacific Plaza Shopping Center (1993) 6 Cal.4th 666, 679. Foreseeability can ...

Excerpt: ...r period, Plaintiff alleges she was stalked and harassed by a male coworker, Paul Chen. Plaintiff alleges Defendants failed to discipline or ta ke other action against Chen despite her complaints. Plaintiff eventually resigned from her position due to Defendants' failure to prevent Chen's harassment. Defendants now demurrer to the First, Second, Third, Fourth, Fifth, Ninth, and Tenth Causes of Action in the First Amended Complaint. Plaintiff oppo...

Excerpt: ... Burbank Senior Villa West ("LBC"), Burbank Senior Villa West, Trion Solutions Inc. Orion"), Kornland Building, and Paul Lawrence Dunbar Haney IV ("Haney") for wrongful death (Labor Code 53601) and premises liability. Plaintiffs, the parents of decedent Moncerrat Vargas ("Decedent'), allege Decedent was an employee of LBC/Trion/ Burbank Senior Villa West. After Haney was terminated from his employment with defendants, Haney stabbed Decedent when ...

Excerpt: ...Defendants”) filed a demurrer to the FAC. As of April 23, 2024, no opposition has been filed. Tenser filed a motion for leave to amend and file a Second Amended Complaint, which is set to be heard on the same day as this motion, on April 25, 2024. Request for Judicial Notice The County Defendants request judicial notice of the fact that Los Angeles County District Attorney George Gascón took office on December 7, 2020, and of several filings a...

Excerpt: ...Aviation Inc. (“Defendants”) asserting three causes of action: (1) Breach of Contract, (2) Quantum Meruit, and (3) Express and Implied Indemnity. Defendant Liker filed a cross-complaint on May 27, 2022, alleging two causes of action against Plaintiff for breach of fiduciary duty and fraud. On June 23, 2023, this court overruled Appel's demurrer to the first cause of action for breach of fiduciary du ty, and sustained the demurrer as to the se...

Excerpt: ...tion for discrimination based on race and disability, the second cause of action for harassment based on race and disability, the fourth and fifth causes of action; the demurrer to the eighth cause of action is moot. Based on the joinder, the demurrer is also sustained as the causes of action alleged against Defendant Williams. The Motion to Strike is granted. On August 23, 2023, Plaintiff Tina Edwards (Plaintiff) sued Defendants Los Angeles Coun...

Excerpt: ...s that American Honda Motor Company (“Defendant” or “Honda”) did not disclose and actively concealed defects involving Honda's Transmission Defect affecting Plaintiff's 2019 Honda Odyssey vehicle. (See e.g., Complaint ¶¶8, 18.) Plaintiff's Complaint asserts the following causes of action: (1) Violation of Song -Beverly Act – Breach of Express Warranty; (2) Fraudulent Inducement -Concealment Defendants generally demur to the fifth and ...

Excerpt: ...e Opposition Papers: Opposition Reply Papers: Reply RELIEF REQUESTED “Defendant, Chase, demurs to the Third Amended Complaint (TAC) on the following grounds: 1. The First Cause of Action does not state a cause of action because the common law negligence cause of action is displaced and preempted by the comprehensive scheme of regulation in California's enactment of Division 11 of the California Commercial Code applicable to wire transfers. ...

Excerpt: ... February 28, 2024 OPPOSITION: Filed April 12, 2024 REPLY: Filed April 17, 2024 RELIEF REQUESTED Defendant demurrers to Plaintiffs' third cause of action for fraudulent inducement and moves to strike Plaintiffs' prayer for punitive damages. BACKGROUND This case arises out of Plaintiffs Sandra Cervantes Soto and Dora Cervantes's (“Plaintiffs') lemon law claim. Plaintiffs allege that on April 11, 2021, they purchased a new 2020 Honda Pilot (“Su...

Excerpt: ...c's Motion to Strike is MOOTED. I. BACKGROUND A. Factual On February 22, 2023, Plaintiff, Salvador Chavez (“Plaintiff”) filed a Complaint against Defendants, American Honda Motor Co., Inc., and DOES 1 through 10. On October 27, 2023, Plaintiff filed a First Amended Complaint (“FAC”). On February 9, 2024, Plainti ff filed a Second Amended Complaint (“SAC”) alleging causes of action (1) Violation of Song-Beverly Act – Breach of Expres...

Excerpt: ...uction secured a “job” at 4711 Berryman Ave in Culver City, California. The owner of the property at that time was 4711 Berryman LLC (“Berryman”). On September 16 2020, Plaintiff and other workers were instructed to fix some tile, pipes and grout. The work was situated on the exterior of the project about 10 feet above ground level. There was no scaffolding or ladders present. Rodriguez directed the workers to place several garbage bins i...

Excerpt: ...Plaintiffs Elliot Minge Brown and Deborah Ali Kelson (“Plaintiffs”) NOTICE: OK¿¿¿ RELIEF REQUESTED: An order to grant GM's demurrer to the Fourth and Fifth Cause of Action in Plaintiffs' First Amended Complaint, and to strike the prayer for exemplary or punitive damages. TENTATIVE RULING: The demurrer is OVERRULED. The motion to strike is DENIED. BACKGROUND Plaintiffs filed this Song -Beverly Consumer Warranty Act lawsuit over alleged defe...

Excerpt: ...riguez alleges as follows. Starting in January 1997, Rocha rented a residential property in Wilmington as a month- to-month tenancy. On March 14, 2024, Plaintiff Rodriguez served a three -day notice to quit on Defendant Rocha. Plaintiff Rodriguez alleges Defendant Rocha subsequently failed to comply with the notice. On April 3, 2024, Defendant Rocha filed the present demurrer and motion to strike. Analysis: A party may demur to a complaint on the...

Excerpt: ...an”) and Spectrum Lending, LLC (“Spectrum”) (collectively, the “Spectrum Parties”) The Court has considered the moving and opposition papers. As of April 23, 2024, no reply has been filed. BACKGROUND This action arises out of a dispute over real property (the “Property”). The Cross-Complaint (the “XC”) alleges: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) unjust enrichment – restit...

Excerpt: ...opposition papers and the replies. BACKGROUND Plaintiff Ted Waitt, Trustee of the Nightingale Trust dated November 1, 2007 filed this construction defect action on June 29, 2021. Plaintiff alleges: (1) breach of contract; (2) negligence; (3) professional negligence; (4) strict products liability; (5) breach of express warranty; (6) breach of implied warranty (merchantability); (7) breach of implied warranty (fitness); and (8) decla ratory relief....

Excerpt: ...nd Romaine Kirlew for injuries arising from an automobile collision. On February 26, 2024, the Court granted Plaintiff's motion to compel further, and ordered Hertz to serve further responses to Plaintiff's request for production of documents, set one, as to request nos. 5 and 7. (Min. Order, Feb. 26, 2024.) Further, the Co urt granted Plaintiff's request for sanctions and ordered Hertz and/or its counsel, jointly and severally, to pay Plaintiff ...

Excerpt: ...a, signed an arbitration agreement, and the agreement governs this action and must be enforced. Plaintiff opposes the motion, contending (a) Defendant waived its right to move to compel arbitration, and (b) Defendant failed to provide admissible evidence of the existence of the agreement and the signature on the agreement. b. Authentication of Agreement Defendant purports to authenticate the agreement through the Declaration of Roxanne Reyna, who...

Excerpt: ...XUAL HARASSMENT AND DISCRIMINATION AND GRANTED AS TO THE REMAINING CLAIMS. THE ACTION IS STAYED. 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 stipulation. BACKGROUND On September 14, 2023, Plainti...

Excerpt: ...25 Century Park East Company, et al. for damages related to premises liability. On March 15, 2023, Plaintiff filed proof of service of the summons and complaint on defendant Pocrass & De Los Reyes, LLP (“P&D”), alleging P&D was personally served via its authorized agent for service of process James Pocrass (“Pocrass”) on May 7, 2022, at the address 1880 Century Park East, Suite 1415, Los Angeles, California 90067. On March 15, 2023, Plain...

Excerpt: ...a Ridge Drive, Beverly Hills, California 90210 (“Property”). Landlord rented the Property to Defendant Thomas Latimer (“Tenant”) for $35,000 a month. Tenant failed to pay rent. This action ensued. A proof of service of the summons and complaint was filed with the Court which states Tenant was personally served on March 7, 2024. This hearing is on Tenant's motion to quash service of summons. Tenant argues that contrary to the proof of serv...

Excerpt: ...d Obuszewski executed a promissory note on August 5, 2019 for the benefit of Cherico in the amount of $44,000.00. The complaint noted the personal representat ive rejected Cherico's creditor's claim. On February 27, 2024, Judge Barbara A. Meiers issued an order providing, in relevant part, “Plaintiff is ordered to file a motion (‘Notice of Related Cases') in Department 1 within 5 court days to find this case related to the pending probate cas...

Excerpt: ... Los Angeles. The First Amended Complaint, filed January 18, 2023, asserts causes of action for: (1) breach of contract; (2) breach of express warranty; (3) breach of implied warranty; and (4) negligence. Plaintiff alleges there were defects in the stucco work performed by Defendant, the parties entered i nto a contract addendum whereby Defendant would repair the stucco, but Defendant abandoned the project. On March 9, 2023, Defendant filed a cro...

Excerpt: ...es —a prior court order must be obtained. (CRC, Rule 2.551(a); see H.B. Fuller Co. v. Doe (2007) 151 Cal.App.4th 879, 888.) To seal a record, the following requirements are imposed: (1) the party must file a motion or application for an order sealing the record, which must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing; (2) t he party must serve a copy of the motion on all parties who have ap...

Excerpt: ...aintiffs allege the following facts. Plaintiffs' decedent died due to the medical negligence of Defendants. Motion to Set Aside Dismissal CCP § 473(b) states, in relevant part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertenc e, surprise, or excusable neglect. Application for t...

Excerpt: ...riminal proceeding against Defendant Jeffrey Tamkin (Los Angeles Superi or Court Case No. 514932 (People v. Jeffrey Herter Tamkin)). Defendants argue that a stay is necessary to protect Tamkin's Fifth Amendment rights in connection with the criminal proceeding, which arises from the same underlying facts as this civil action, and because Tamkin is the only officer and manager of Tamkin Development Corporation, the corporation would be prejudiced ...

Excerpt: ...��Defendants”). As alleged in the Plaintiffs' Complaint, at all relevant times, 649 Lofts and Joshua co- owned and operated the Subject Property, and SRHT was the property manager for Joshua and 649 Lofts. Pending before the Court is the motion of 649 Lofts and SHRT (“the Moving Defendants”) to strike Paragraphs 51 and 67 from the Plaintiffs' complaint, which are there to support Plaintiffs' request for an award of exemplary and punitive da...

Excerpt: ... (2) violation of Business and Professions Code section 17200; (3) failure of consideration; (4) violation of the Song-Beverly Act; (5) breach of the implied warranty of merchantability; (6) breach of implied warranty of fitness; and (7) violation of Business and Professions Code sectio n 7071.5. On 2/29/2024, Non- Party Sunlight Financial, LLC (Sunlight) moved to quash the Deposition Subpoena for Production of Business Records (the Subpoena) ser...

Excerpt: ...Mariposa Avenue in Los Angeles. On March 14, 2024, the Court granted, with leave to amend, Defendant's motion to strike Plaintiff's prayer for punitive damages. On March 19, 2024, Plaintiff filed the First Amended Complaint (“FAC”). Plaintiff again seeks punitive damages. On March 27, 2024, Defendant filed this motion to strike the prayer for punitive damages in the FAC. Plaintiff filed an opposition on April 9, and Defendant filed a reply on...

Excerpt: ...lated complaints. Plaintiff alleges Defendant's misconduct occurred while Plaintiff was both a student and a student employee at CSU. 2. 11/07/23 Hearing on Motion to Strike Directed at FAC On 11/07/23, the Court heard and granted Defendant's motion to strike portions of the FAC. Notably, the Court's ruling was “without leave to amend.” The Court's ruling, specifically, was as follows: a. Conduct Settled by the SAR Plaintiff and Defendant wer...

Excerpt: ...ic Center, Inc. (“Plaintiff” or “AOC”) brought claims against Defendants California Physicians' Service dba Blue Shield of California and Blue Shield of California Life & Health Insurance Company (“Defendants” or “Blue Shield”) f or quantum meruit and breach of implied contract, and Blue Shield's cross -claims against AOC for declaratory relief, relating to 31 patient claims. Following a bench trial, the Court issued a statement o...

Excerpt: ...C Local Rule 2.3(b)(2) authorizes Department 1 to transfer civil cases from one judicial district to another via a noticed motion on three enumerated grounds: (1) when the case was filed in an improper district; (2) for the convenience of witnesses; or (3) to promote the ends of justice . (LASC Local Rule 2.3(b)(2).) A transfer under the Local Rules is discretionary. If Plaintiff Pinto Does Not Appear, the Motion is Taken OFF -CALENDAR On Novembe...

Excerpt: ...nts CITY OF MAYWOOD; COUNTY OF LOS ANGELES; and CITY OF LOS ANGELES (collectively “Defendants”) on July 10, 2023. Plaintiff alleges that “[o]n August 13, 2022, Plaintiff was riding his bicycle at or near 5005 District Blvd., and/or near the intersection of District Blvd. and Slauson Ave., Maywood, CA 90270 (‘SUBJECT AREA' and/or ‘INCIDENT') when he suddenly encountered a defective, raised, broken, cracked, dangerous, dilapidated, and un...

Excerpt: ...ign Proposal Agreements' (“Agreements”) wherein Defendant was to provide architectural services for the design and permit approval for the construction of certain apartment units to the preparation of civil engineering plans (such as grading, drainage, and street improvements), and conceptual drawings of the units, to preparing and applying for permits. [1] Defendant, however, failed to timely seek an extension to the conductional use permits...

Excerpt: ...iled. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an uninsured motorist action. Petitioner sustained injuries to her sternum and wrists in a car accident. Petitioner's claim proceeded to arbitration, in which the arbitrator awarded Petitioner damages in the amount of $189,000. Petitioner seeks an order confirming the arbitration award and an order awarding costs of proof on three requests for admissions. TENTATIVE RULING: Petition to ...

Excerpt: ...r to (1) quash service of process of summons, and (2) vacate and set aside the defaults and Judgment -Unlawful Detainer against Defendants. BACKGROUND This is an unlawful detainer case filed on May 11, 2023 by Plaintiff 5623 PECK ROAD, LLC against Defendants Cultiva Group and Qirong Lin, claiming past -due rent totaling $137,435.90, attorney fees, forfeiture of the lease agreement, damages accruing daily since January 1, 2023, and additional expe...

Excerpt: ...0 · Item b.(ii) of the prayer (punitive damages) RULING : Motion to strike is granted in part. SUMMARY OF ACTION Plaintiff Cole Freeman's (Plaintiff) motorhome was vandalized and sustained water damage. Plaintiff filed this action because he alleges that Defendant State Farm Automobile Insurance Company (Defendant) would not cover the full extent of Plaintiff's losse s. Plaintiff's complaint alleges four causes of action for (1) declaratory reli...

Excerpt: ...s loan default. Defendant previously filed two unlawful detainer actions against Plaintiffs Kasra Vahmi and Bersadeh Bagheri (“Plaintiffs”), who are currently in possession of the property. The first action, 19SMUD00192, was dismissed. This unlawful detainer action then gave rise to a malicious prosecution action filed by Plaintiffs, 20SMCV00691, which is still ongoing. Defendant subsequently filed a second unlawful detainer action, 19SMUD022...

Excerpt: ... “Failure to timely respond to RFA does not result in automatic admissions. Rather, the propounder of the RFA must ‘move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction' under § 2023.010 et seq.” (CCP, § 2033.280(b).) The court “shall” grant the motion to deem RFA admitted, “unless it finds that the party to whom the requ...

Excerpt: ...t filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract case. Plaintiffs purchased a property from Defendant which Plaintiffs allege was subject to a PACE loan. Plaintiffs allege that Defendant agreed to pay off the loan through escrow, such that the property would be transferred to Plaintiffs clear of any lien and failed to do so, despite receiving money in an amount equal to the balance on the loan, from escrow. Cr...

Excerpt: ...ATIVE RULING Driftwood Healthcare & Wellness Center, LLC (erroneously sued as Driftwood Healthcare & Rehabilitation Center LLC) and Citrus Wellness Center, LLC's Motion to Compel Arbitration and Stay Proceedings is denied. Background Plaintiffs filed their Complaint on April 19, 2023. Plaintiffs allege the following facts. Plaintiffs' decedent died while a patient of Defendants. Plaintiffs set forth the following causes of action: 1. Negligence 2...

Excerpt: ...) arising from alleged childhood sexual abuse perpetrated against Plaintiff by a teacher at a school owned by Defendant. Defendant served a demand for a physical exam of Plaintiff pursuant to Code of Civil Procedure Section 2032.220 and Plaintiff served an objection to the demand, stating that Plaintiff refused to submit to the exam. Defendant now moves for an order compelli ng Plaintiff to submit to the physical exam as stated in the demand. Def...

Excerpt: ...OVING PARTY: Plaintiff Sorush Sharif (“Plaintiff”) RESPONDING PARTY: Defendant Santa Monica BMW (“Defendant”) NOTICE: OK¿¿ RELIEF REQUESTED: An order from this Court to compel the attendance of Defendant's Person Most Knowledgeable and production of documents, and to impose monetary sanctions against Defendant and its attorney of record in the amount of $3,554.01. TENTATIVE RULING: The motion is GRANTED IN PART. The Request for Monetary...

Excerpt: ... second day of her deposition on 2/26/24. The deposition was not complete, but Plaintiff left the deposition, stating Defense Counsel was being abusive and she would only complete her deposition if the Court issued an order compelling her to do so. Defendant moves to compel Plaintiff to attend and complete her deposition. CCP §2025.450(a) permits the party who propounded a notice of deposition to move to compel the deposition to go forward if th...

Excerpt: ...Set One) The court has considered the moving papers, opposition, and reply. The court DENIES defendant Robert O'Neill's motion to compel further responses to Special Interrogatories (Set One). The court DENIES defendant Robert O'Neill's request for monetary sanctions for his motion to compel further responses to Special Interrogatories (Set One). Background Plaintiff CR&R, Incorporated filed this action on March 2, 2022 against defendant Robert O...

Excerpt: ... LLC RESPONDING PARTY: Plaintiff Sharleyne Martin, on behalf of all aggrieved employees Motion to Compel Individual Arbitration and to Dismiss Action The court considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court denies defendant The Ritz- Carlton Hotel Company, LLC's request for judicial notice of various unpublished superior court orders. (Cal. Rules of Ct., rule 8.1115....

Excerpt: ...tiff's Form Interrogatories (“FROG”), Set Four; Special Interrogatories (“SROG”), Set Five; and Requests for Production of Documents (“RFP”), Set Four Plaintiff also seeks over $18,000 ($6,600 per motion) in sanctions against Defendant and its attorneys. The Court DENIES Plaintiff's motions. Background Plaintiff filed this action on September 8, 2022 against Defendant, her former employer, alleging (1) discrimination under FEHA; (2) r...

Excerpt: ...mply with a demand for a contemporaneous inspection of the subject ladder and subject premises pursuant to Code of Civil Procedure sec tion 2031.010. Defendant opposes the motion on the grounds that he has agreed to an inspection of the premises and ladder involved in the incident, but he objects to the simultaneous inspection because it is burdensome and costly because the ladder is in evidence storage in Ontario, California, pursuant to a deman...

Excerpt: ...tion against Defendant BMW of North America LLC, and on September 25, 2023, he filed a first amended complaint. Plaintiff propounded discovery on November 20, 2023. (Pascal Decl. ¶ 3.) Defendant did not timely respond by December 20, 2023. (Pascal Decl. ¶ 4.) Plaintiff's counsel met and conferred with Defendant's counsel, but Defendant never provided responses. (Pascal Decl. ¶¶ 5- 9.) On January 29, 2024, Plaintiff filed a motion to compel De...

Excerpt: ... for Production of Documents, Set One. Plaintiff also seeks $4,215 in sanctions against CMC and its attorneys. CBC in its opposition seeks sanctions in the amount of $16,940. The Court GRANTS Plaintiff's motion in part. CBC shall only be required to respond as to discrimination against external organizations or individuals. CBC shall redact confidential information of employees. The Court DENIES both Plaintiff's and CBC's respective requests for ...

Excerpt: ...Proc., § 2030.290, subd. (a).) Sanctions in the amount of $2,985 are awarded to Defendants. Code of Civil Procedure § 2030.290(c). Procedural Background Plaintiff Rossylyn Inez Sanchez (“Plaintiff”) filed a complaint against Defendants Melton Truck Lines, Inc., Christopher Michael Moehl, and Does 1 to 50, (“Defendants”), for motor vehicle negligence and general negligence for an automobile accident that oc curred on October 7, 2021. Pla...

Excerpt: ...ollectively, “Defendants”) for injuries arising from a motor vehicle collision. The trial date is currently set for October 24, 2024. Defendants now move to continue the current trial date and all related dates to June 24, 2025 to allow their motion for summary judgment (“MSJ”), currently reserved for December 10, 2024, to be heard prior to trial. The motion is unopposed. II. LEGAL STANDARD Although continuances of trials are disfavored, ...

Excerpt: ...SBDTLA 3, LLC; 5. SBDTLA 4, LLC., 6. Greystar California, Inc. 7. Barry Shy; 8. Rommy Shy; 9. Eric Shy; 10. Erica Rivera; 11. Pam Pham -Le; 12. 215 W 6 Owner, LLC; and 13. FPI Management, Inc. The First Amended Complaint, filed on October 26, 2023, asserts causes of action for: (1) violation of Civil Code section 1942.4; (2) tortious breach of the warranty of habitability; (3) private nuisance; (4) Business and Professions Code section 17200; (5 ...

Excerpt: ...CV00428 and 22STCV17187 orders 22TRCV00428 reassigned to Department 55 of the Stanley Mosk Courthouse for all purposes. All hearings currently set in civil law case 22TRCV00428 are hereby advanced and vacated. Counsel for Defendant to give notice. Background of 22TRCV00428 Trout v. Robinson Helicopter On May 25, 2022, Basia Trout, individually and as the personal representative of Decedent Lora Trout, and Roger Trout, filed 22TRCV00428 against Ro...

Excerpt: ...County of Los Angeles, State of California, Cherry Street Garage, Los Angeles Convention Center, Staples Center for a slip and fall incident. At this time, the City moves for an order compelling Plaintiff to appear for a mental examination with neuropsychologist Earl C. Thorndyke, Ph.D., (“Dr. Thorndyke”) at 11835 W. Olympic Blvd., Ste. 1270E, Los Angeles, CA 90064. The City argues Plaintiff testified at deposition that she attributes PTSD, a...

Excerpt: ... after it rol led off a flat bed tow truck. (Complaint, ¶¶ 10 -23.) On September 25, 2023, Plaintiffs filed the Complaint in this action against Carmel Towing & Transport, Inc.; Bert's Garage, Inc.; Automobile Club of Southern California (“AAA”), and Does 1 through 25. Plaintiffs assert causes of actions for premises liab ility; negligence; vicarious liability; and loss of consortium. AAA filed its Answer to the Complaint on October 17, 202...

Excerpt: ...s will be granted once Defendants pay the outstanding four filing fees. The additional filing fees must be paid prior to the hearing. Moving party to provide notice. FACTUAL BACKGROUND This is an action for violations of the FEHA, violations of the labor code, wrongful termination, and failure to reimburse business expenses. Plaintiff Terric Townsend alleges that during his employment as a recruiter with Defendants, Defendants denied his request ...

Excerpt: ...T OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination action. Plaintiff alleges that his employer discriminated against him based on his religion and retaliated against him for complaining about being assaulted by a co-worker. Plaintiff moves to rescind a settlement agreement purportedly reached by the parties. TENTATIVE RULING: Plaintiff's Motion to Rescind Settlement Agreement is GRANTED. DISCUSSION: Plaintiff moves to re...

Excerpt: ...ntly operated her vehicle, causing an auto accident between Plaintiff and Defendant. The accident occurred on September 10, 2021. On October 14, 2022, Plaint iff filed a complaint against Defendant asserting causes of action for negligence. TENTATIVE RULING: Plaintiff's Motion to Quash Defendant's Subpoenas for Plaintiff's Private Academic Records is MOOT. DISCUSSION Plaintiff Shahin Chermahini moves this court for an order quashing D...

Excerpt: ...erved Plaintiff with form interrogatories (employment). After multiple extensions, Plaintiff's counsel failed to provide timely responses. On March 15, 2024, Defendant filed this motion to compel Plaintiff's responses to the form interrogatories and request for sanctions. LEGAL STANDARD ¿¿ If a party to whom interrogatories or an inspection demand were directed fails to serve a timely response, the propounding party may move for an order compel...

Excerpt: ...llows. Plaintiff 608 Mateo, LLC (Mateo), as lessor, and Defendants Arts District Patient Collective, Inc. (ADPC) and James Shaw (Shaw), as lessees, entered into a lease on April 4, 2018, for the Subject Premises. (Compl. ¶ 11.) On June 14, 2018, the lease was amended pursuant to a second Amendment to Lease. (Compl. ¶ 12.) Plaintiff performed its obligations under the lease, but Defendants breached the lease and have failed to pay various amount...

Excerpt: ...e Farm Mutual Automobile Insurance Company, filed a Complaint against Defendants, Ahmad Martin (“Martin”) and John Ruffin (“Ruffin”) for subrogation recovery in the sum of $26,155.80. On April 5, 2021, Ruffin was dismissed from this action. On June 14, 2023, Plaintiff filed the parties' Stipulation for Settlement and Entry of Judgment (“Stipulation”). On the same day, the court dismissed the case without prejudice and retained jurisdi...

Excerpt: ...plaintiffs, though not all plaintiffs, in this coordinated proceeding have been resolved. Walsh Decl. Ex. 2. That agreement, while prolix, constituted a w ritten settlement agreement of a plaintiff's claims subject to various valuation processes to determine the amount of such claim. Walsh Decl. Ex. 1. It specifically provided on the final page, directly above Edison's signature, as follows: N. Enforceability And Disputes Over Interpretation of t...

Excerpt: ...s may be just, relieve a party or his or her legal representative from a judgment, 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 rel...

Excerpt: ...nd default was entered on March 25, 2022. On May 11, 2022, Plaintiff filed the operative First Amended Complaint, asserting (1) legal malpractice, (2) breach of fiduciary duty, and (3) fraud. Defendants once again failed to respond to the complaint, and default was entered on August 4, 2022, and judgment was granted against Defendants on February 1, 2023. On February 6, 2023, Defendants jointly filed a motion to set aside the default and judgment...

Excerpt: ...CKEN from the Complaint. Defendant Kim Sill may move for attorney's fees and costs. The Motion for Undertaking is DENIED. The Demurrer and the Motion to Strike are TAKEN OFF CALENDAR. BACKGROUND: On January 22, 2024, Plaintiffs Melissa Bacelar, Wagmor Pets, and Wylder's Holistic Pet Center, Inc. filed their Verified Complaint against Defendants Kim Sill, Shelter Hope Pet Shop, Inc., Matt Friedman, and Faith Ballin on a single cause of action for ...

Excerpt: ...Jesus Blanco and Fernanda Rivera. On July 3, 2023, the case was dismissed after the parties stipulated for dismissal due to settlement. The Court retained jurisdiction pursuant to CCP section 664.6. On February 7, 2024, State Farm filed a motion to set aside dismissal and for entry of judgment. No opposition has been filed. Legal Standard CCP section 664.6 provides that “[i]f parties to pending litigation stipulate, in a writing signed by the p...

Excerpt: ...� or “Nazari”) RESPONDING PARTY: Defendant Kevin Christopher McCalla (“Defendant”) NOTICE: OK RELIEF REQUESTED: An order from this Court to set aside the Court's Minute Order dated February 8, 2024, Deeming Defendant's Request for Admission, Set One, as admitted, and to vacate the monetary sanction against Plaintiff. TENTATIVE RULING: The Motion to Set Aside the Order deeming the requests for admissions as admitted is GRANTED. The Request...

Excerpt: ... Plaintiffs assert claims stemming from harassment, discrimination and retaliation, wrongful termination, and wage violations. Plaintiffs allege that they experienced and spoke out against sexual harassment and discrimination, and reported illegal or unsafe working conditions, only to suffer retaliation for doing so. On March 11, 2024, the Court denied the motion to compel arbitration filed by Defendants Touchstone Golf, LLC and City of Burbank. ...

Excerpt: ...Plaintiff took time off to care for her husband after he suffered a heart attack, and, after Plaintiff was injured by falling in the workplace. Plaintiff brings causes of action against Defendant for (1) Disability Discrimination, (2) Associational Disability Discrimination, (3) Failure to Provide Reasonable Accommodations, (4) Failure to Engage in Good Faith Interactive Process, (5) Retaliation, and (6) Wrongful Termination. On January 23, 2024,...

Excerpt: ...was the direct cause of the negligence. However, if this case is solely based on notice, then the information is relevant. 3. Grant. The court will not allow evidence of insurance, Medicare, or Medi- cal reimbursement rates as evidence of the reasonable costs of medical services. Defendant's Motions in Limine 1. Grant. If there is no claim for loss of wages, then the issue of loss of wages should not be brought up by anyone. 2. Grant. There shall...

Excerpt: ...ogatories, and request for production of documents, set one, on plaintiffs Monica Garcia and Genaro Santillian (collectively, "Plaintiffs") on November 21, 2023. The responses were due on December 26, 2023. However, as of the motion filing date, Plaintiffs have not served responses. Defendant therefore seeks an order compelling Plaintiffs to respond, without objections, to the outstandmg discovery and to pay sanctions. In opposition, Plaintiffs c...

Excerpt: ...Defendants”) RESPONDING PARTY: Plaintiff David Seyde (“Seyde”) The Court has considered the moving, opposition and reply papers. THE MOTION On March 7, 2024, Moving Defendants filed the instant motion (the “Motion”) to disqualify the law firm of Miller Barondess LLP (“Miller”) from any further representation of Plaintiff and Cross -Defendant Seyde and Cross -Defendant Porter 24, LLC (“Porter”). On April 4, 2024, Plaintiff Seyde ...

Excerpt: ...ined of, either for a limited period or perpetually. 2) When it appears by the complaint or affidavits that the commission or continuance of some act during the litigation would produce waste, or great or irreparable injury, to a party to the action. 3) When it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the rights of anothe...

Excerpt: ...r's driving privilege for one year. Petitioner argues that the DMV did not afford him due process, as required by California DUI Lawyers Association v. California Department of Motor Vehicles (2022) 77 Cal.App.5th 517. The DMV did not comply with the clear holding of this case, so the court grants this petition and remands this matter for a new hearing before the DMV. FACTUAL BACKGROUND On July 12, 2022, at approximately 11:55 p.m., Officer J. Di...

Excerpt: ... TRANSRINA KEBE'S SPECIAL MOTION TO STRIKE PLAINTIFFS' FIRST AMENDED COMPLAINT Date: April 24, 2024 Time: 8:30 a.m. Dept: 56 Judge: Holly J. Fuji e Trial: None Set Moving Parties: Defendants Yelen Entertainment LLC (“Yelen”) and Latasha ` Transrina Kebe (“Kebe”) Responding Parties: Plaintiffs Kevin Hart (“Hart”) and K.Hart Enterprises (“KHE” ) The Pleading s On January 2, 2024, plaintiffs Hart and KHE (collectively, “Plaintiffs�...

Excerpt: ... opposition, and reply papers. RULING The motion to compel further responses to plaintiff's Request for Production of Documents, Nos. 1, 3, 7, 11, 18, 19, 21, and 31 is DENIED as to compelling further responses or production of documents as defendant's responses were code- compliant and defendant responded that it was unaware of documents in its possession, custody, or control after a diligent inquiry or produced responsive documents “to which ...