Excerpt: ...mplaint alleges the following causes of action: 1. Breach of Contract; 2. Failure to Pay Wages (Lab. Code, §§ 202, 203, 558); 3. Failure to Pay all Wages at Time of Termination of Employment (Lab. Code, §§ 201, 202, 203, 227.3, 558); and 4. Unfair Competition (Bus. And Prof. Code, § 17200, et seq.) Defendant now moves for summary judgment, or, in the alternative, summary adjudication. An opposition and reply have been filed and considered. I...

Excerpt: ...ach of cont ract, (2) breach of implied contract, (3) restitution, (4) failure to pay wages, (5) waiting time penalties, (6) misclassification, (7) unfair competition, and (8) whistleblower retaliation. Plaintiff alleges that he entered into an employment contract with JT Legal in October 2020 to be JT Legal's Chief Marketing Officer. The contract allegedly provided for an annual salary plus bonuses, and guaranteed employment for one year, after ...

Excerpt: ...debtors is granted. Judgment Creditors 8451 Melrose Property, LLC's and Jack Simantob 's motion for attorneys' fees is granted in the total reduced amount of $348,737.65, comprised of reduced attorneys' fees in the amount of $347,489.65, and reduced costs in the amount of $1,248.00. Judgment Creditors 8451 Melrose Property, LLC (“8451 Melrose”) and Jack Simantob (“Simantob”) (collectively, “Judgment Creditors”) move to amend the judgm...

Excerpt: ...or unlawfully entrusted, managed, maintained, drove, & operated the Route 3 bus so as to cause Plaintiff, a passenger, to fall and sustain bodily injuries.” (Complaint ¶ MV -1.) Plaintiff's Complaint asserts one sole cause of action for Motor Vehicle Negligence. Plaintiff now moves for an order granting trial preference pursuant to CCP §36(a),(c),(e), and (f). Any Opposition(s) must have been filed and served by May 7, 2024. (CCP §1005(b).) ...

Excerpt: ... is granted as to the 1st cause of action and denied as to the 2nd and 3rd causes of action. Defendant Mechanics Bank (“Mechanics Bank”) (“Defendant”) moves for summary judgment of Plaintiff Bear Valley 2005, LLC's (“Bear Valley”) (“Plaintiff”) first amended complaint (“FAC”) on the basis there are no triable issues of material fact as to Plaintif f's FAC and that there is no triable issue as to any defense. (Notice Motion, pg...

Excerpt: ...e case. The trustee administers the estate and is the representative of the estate. [Citation.] The filing of a petition also gives rise to the automatic stay that ‘effect[s] an immediate freeze of the status quo by precluding and nullifying post -petition actions, judicial or nonjudicial, in nonbankruptcy fora against the debtor or affecting the property of the estate.' ” (In re Koeberer (B.A.P. 9th Cir. 2021) 632 B.R. 680, 686 – 687.) “...

Excerpt: ...P (“Defendant Rockvale LP”), Rockvale Apartments GP, LLC (“Defendant Rockvale GP”), Rockvale Apartments Limited, LLC (“Defendant Rockvale Limited”), FPI Management, Inc. (“Defendant FPI”), and Eden Housing, Inc. (erroneously sued as Eden Iris Gardens, LLC (“Defendant Eden”) for: (1) breach of implied warranty of habitability, (2) negligence, (3) nuisance, (4) personal injury, (5) intentional infliction of emotional distress, a...

Excerpt: ...CEDURAL HISTORY On November 16, 2021, Plaintiffs filed this action against Smythe. On May 23, 2022, Plaintiff's counsel represented at a case management conference that he required more time to serve Defendant. On November 3, 2022, Plaintiff's counsel represented Defendant had not been served. On March 2, 2023, Plaintiff's counsel represented he intended to withdraw as counsel and that Plaintiff intended to file an amended complaint. On May 18, 2...

Excerpt: ...6(B)) BACKGROUND A. Allegations Plaintiff minor Emerson Mikasa (“Plaintiff”) alleges that he sustained physical, emotional, and psychological injuries on August 18, 2022 [1] when he was brutally attacked, assaulted, and bullied by another student H.A.D1 (“Assailant”) at Dixie Canyon Community Charter, an elementary school under the control, operation, management, and supervision of Defendant Los Angeles Unified School Distric t (“LAUSD�...

Excerpt: ...ainst defendant Christopher Blakney (“Defendant”) for injuries arising from a motor vehicle collision. Defendant now moves for an order compelling Plaintiff to submit to a second physical examination (“IME”) with neurologist Lorne Label, M.D. (“Dr. Label”). Any opposition was due on or before May 7, 2024; none has been filed. II. MOTION TO COMPEL SECOND PHYSICAL EXAMINATION 1. Legal Standard Except for defense physicals in personal in...

Excerpt: ...o the Private Attorneys General Act of 2004. On April 21, 2023, Defendant filed its Answer to the Complaint. On April 17, 2024, Plaintiff filed her Notice of Settlement. On April 25, 2024, Plaintiff filed her Motion for Order Approving the Payment of Penalties Pursuant to the Private Attorney Generals Act of 2004 (PAGA) and for Dismissal of Action Without Prejudice (“Motion to Approve PAGA Settlement”). In support of her M otion to Approve PA...

Excerpt: .... The motion to strike filed by Defendant Santa Paula Post Acute, LLC is DENIED. Defendant Santa Paula Post Acute, LLC must file and serve its answer within 20 days after the date of this order. Moving party to provide notice. FACTUAL BACKGROUND This is an action for elder abuse, negligence, violation of residents' rights, and wrongful death. Plaintiffs allege that Decedent Beverly M. Haller passed away on September 28, 2023. (Compl., ¶1.) Deced...

Excerpt: ...Defendants violated HBOR by failing to contact Plaintiffs thirty days or more before recording a notice of default in order to discuss Plaintiffs' financial situation and explore ways to avoid foreclosure. On November 8, 2018, Plaintiffs filed he operative First Amended Complaint (“FAC”) alleging causes of action for (1) violation of Civ. Code § 2923.5, (2) accounting, (3) negligence, and (4) violations of the UCL. Demurrer Defendants demur ...

Excerpt: ...at VISM sponsored O -1B visas for Choi and Song, who are from South Korea, so that they could work at VISM's tattoo studio in Los Angeles. VISM allegedly entered into employment contracts with both Choi and Song, which provided for V ISM to receive a portion of gross sales generated by Choi and Song. Choi and Song allegedly abandoned their positions to work at another tattoo studio before their employment terms ended. VISM sues for the lost profi...

Excerpt: ...s causes of action for (1) breach of contract, (2) negligence, (3) conversion, (4) money had and re ceived, and (5) unfair and deceptive business practices. Defendant now demurs to each of the causes of action of the Complaint. The demurrer is unopposed. Discussion A. Legal Standard A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticea...

Excerpt: ...as being pursued by Police Officer Sean Mackey #401 of the Montclair Police Department when Defendant Almeda collided with Plaintiff's vehicle and caused a chain- reaction of collisions with other motor vehicles. On March 13, 2023, Plaintiffs filed suit for: 1. NEGLIGENCE 2. VICARIOUS LIABILITY OF A PUBLIC ENTITY On October 6, 2023, the City of Montclair filed its answer. On January 22, 2024, the City of Montclair filed a cross -complaint against...

Excerpt: ...AC asserts causes of a ction for (1) fraudulent inducement, (2) breach of contract, and (3) breach of the implied covenant of good faith and fair dealing. The dispute stems from a joint venture to distribute COVID tests in 2020. Plaintiffs owned KorvaLabs, Inc., a laboratory with the capability and infrastructure to develop and distribute COVID tests. Defendant Curative, whose CEO is Defendant Turner, partnered with KorvaLabs, and the two formed ...

Excerpt: ...located at 30141 Lexington Dr., Val Verde, CA. Plaintiff Erik Lassman and Jim V. Robinson owned the property as joint tenants with rights of survivorship. In April 2011, Erik Lassman, as CEO and owner of Dewelt, LLC, transferred the entire joint tenancy interest to Dewelt, LLC. On May 23, 2011, Jim V. Robinson transferred his joint interest to Defendant Road Runner Land & Homes, LLC, a Nevada Corporation. Road Runner Nevada's corporate status has...

Excerpt: ...NUED to a date to be determined at the hearing in Department G (Pomona). Defendants' counsel is also ordered to meet and confer with Plaintiffs' 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 Demu rrer. BACKGROUND This is a wrongful death action. On May 31, 2023, the Kaiser Permanente Ontario Medical Center (KPOMC) ...

Excerpt: ...d with Plaintiffs Haichang Lu and Yankun Zhang's vehicle while operating a vehicle eastbound on State Route 60 in Diamond Bar. On January 2, 2024, Lu and Zhang filed a complaint against Vlietstra, the City of La Habra (the City), and Does 1 -10, alleging (1) motor vehicle negligence and (2) general negligence. On April 2, 2024, the City filed the present demurrer. Prior to filing on March 25, 2024, the City's counsel met and conferred telephonica...

Excerpt: ...grant in part the alternative request of Plaintiff for monetary relief, to grant the alternative request of Plaintiff to reopen discover y for the limited purpose of allowing Plaintiff to conduct discovery on this issue, and to continue the trial. The Court's tentative ruling is to deny Defendants' application to continue trial. This is only a tentative ruling. It is not an order of the Court and should not be treated as or relied on as a court o...

Excerpt: ...im Farivar, who was elected Chairman, as defendants. Then, on April 22, 2024, Beith David and Fahim Farivar filed a cross -complaint against Rafi Raz (President), Shlomo Sherif (Inspector #1), Hooman Moshe Gideon (the former caterer) and Ken Pezeshki (Vice Chairman #1). The cross- complaint asserts 21 causes of action. Now, the cross - complainants seek a writ of possession and temporary restraining order. Essentially, the cross- complainants see...

Excerpt: ...3. Plaintiff alleges the following facts. Defendant manufactures, packages, distributes, markets, and/or sells consumer products that contain DINP. Plaintiff seeks to cause Defendant to warn consumers in Califor nia that they are being exposed to DINP pursuant to Proposition 65 - Health and Safety Code § 25249.5. Plaintiff requests an injunction and civil penalties. Motion to Approve Settlement CCP § 664.6 states: “If parties to pending litig...

Excerpt: ...th respect to the apartment ren ted by Plaintiff. LFB's cross-complaint against Plaintiff and her brother ALEX HIRSCH (“Alex Hirsch”) alleges that they entered into unauthorized agreements regarding the apartment and that Plaintiff owes unpaid rent. The claims in LFB's First Amended Cros s-Complaint (“FACC”) are (1) Declaratory Relief, (2) Breach of Contract, and (3) Common Count. LFB requests an order bifurcating, for court trial, the Ca...

Excerpt: ...dgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (b) For purposes of this section, a writing is signed by a party if it is signed by any of the following: [¶] (1) The party. [¶] (2) An attorney who represents the party. (CCP, § 664.6(a), (b)(1)- (2).) “Because of its summary nature...

Excerpt: ...ion of Song- Beverly Act – Breach of Express Warranty, Violation Violation of Song-Beverly Act – Breach of Implied Warranty, Violation Violation of Song- Beverly Act – Section 1793.2, and Violation Violation of Song-Beverly Act Section 1793.22 – Tanner Consumer Protection Act. Mercedes -Benz USA, LLC answered on November 13, 2023. RULING: Denied. Request for Judicial Notice: Granted. The court takes judicial notice of the existence of the...

Excerpt: ...nited Talent Agency (UTA) in litigation against Kassan. Specifically, Freedman told Deadline magazine that Kassan was a “pathological liar.” On April 26, 2024, Defendants filed the instant special motion to strike. Kassan filed his opposition on May 7, 2024. Defendants filed their reply on May 13, 2024. LEGAL STANDARD A special motion to strike under Code of Civil Procedure section 425.16 allows a defendant to seek early dismissal of a lawsui...

Excerpt: ... January 27, 2011, Plaintiff Rohayent Gomez Eriza, a minor, by and through his Guardian Ad Litem, Maria de Jesus Eriza Duque (“Plaintiff”) filed this action against Defendants City of Los Angeles and Victor Abarca. The Complaint alleges causes of action for (1) assault and battery, (2) violation of Civil Code section 52.1, and (3) negligence. In the Complaint, Plaintiff alleges that on December 16, 2010, Plaintiff was present at or/near 2011 ...

Excerpt: ...8, the City adopted Resolution 18-21, which authorized the staff to discontinue issuing recycling hauler licenses, establish a single license for haulers of refuse and recycling services, and require all haulers to pay a license fee of 1 1 percent of gross annual revenue. On March 7, 2018, the City notified Petitioner that it could continue serving its existing customers until no later than April 1, 2023, in accordance with the new licensing mode...

Excerpt: ...Group, Inc. dba IDEG Construction, International Government Services, Inc dba IDEG Construction, IDEG Supply LLC dba IDEG Construction, alleging unlawful detainer. On 7/25/2023, the Court dismissed this case, pursuant to CCP section 664.6. Now, Plaintiff seeks an order vacating the 7/25/2023 dismissal, reinstating this action, and entering a money judgment against Defendants, and each of them, in the total amount of $80,175.86 ($68,015.86 remaini...

Excerpt: ... of consortium. The First Amended Complaint was filed on May 8, 2019. Blanca Leon's claims were dismissed, leaving Antonio Leon's medical malpractice claim. The matter came on for trial between January 29, 2024 and February 9, 2024, after which the jury returned a verdict for Plaintiff against Defendant Bode. Plaintiff was ordered to prepare a judgment. Defendant objected to the proposed judgment, arguing that Plaintiff's Section 998 offer was in...

Excerpt: ...NDING PARTY: Unopposed Motion to Strike Plaintiff's First Amended Complaint and Answer to Cross -Complaint The court considered the moving papers filed in connection with this motion. No opposition papers were filed. DISCUSSION Defendant and cross -complainant Westside Contractors (“Westside”) moves the court for an order (1) striking the First Amended Complaint filed by plaintiff Regency Plastering, Inc. (“Plaintiff”) on April 14, 2022, ...

Excerpt: ... February 1, 2023. Plaintiff alleges the following facts. Defendants breached the lease with respect to commercial premises located at 1332 Hermosa Ave., Suite 4, Hermosa Beach, CA 90254. Meet and Confer Defendants set forth a meet and confer declaration in sufficient compliance with CCP § 435.5. (Decl. Kevin Hermansen.) Plaintiff argues that the meet and confer declaration is misleading because the actual meet and confer discussions consisted o...

Excerpt: ...I (TN) LP (Wadd) are alleged to be the owners of a commercial property in the City of Industry. Since 2001, Defendant Novolex Holding s, LLC (Novolex) allegedly rented the City of Industry property from Cups and Wadd and had been subleasing the property to Defendant Oceanus Decor & Flooring, Inc. (Oceanus) since 2022. In May 2023, Plaintiff Andes Harvest, Inc. (Andes) agreed to sublease the City of Industry property from Oceanus. After Andes made...

Excerpt: ...dant La Verne Commons LLC is ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND This is a premises liability action. On March 15, 2023, plaintiff Zanay Herrera (Plaintiff) filed this action against defendants Starbucks Corporation, The Vons Companies, Inc. (Vons), Albertsons Companies, Inc., Cerberus Capital Mangement [ sic] LP, La Verne Commons LLC (La Verne Commons) (collectively, Defendants) and Do...

Excerpt: ...ly, “Defendants”) filed this\ unopposed motion for an order authorizing the release of photographs in the custod\ y of the Los Angeles Coroner's Office pursuant to Code of Civil Procedure section 129. Section 129 of the Code of Civil Procedure provides, in relevant pa\ rt: (a) Notwithstanding any other law, a copy, reproduction, or facsimile of any\ kind of a photograph, negative, or print, including instant photographs and v\ ideo recordings...

Excerpt: ...for unlawful detainer. On November 3, 2023, Plaintiff obtained a default judgment by Clerk for possession of the premises. On January 10, 2024, Plaintiff obtained possession of the premises. (See Writ Return, filed 2/2/24.) On March 7, 2024, the Court denied Plaintiff's request for default judgment by Court as to money damages, without prejudice to Plaintiff seeking to recover such damages in a separate civil action. On April 2, 2024, Plaintiff f...

Excerpt: ...bitration, and Stay or Dismiss Proceedings (“Motion to Compel Arbitration”). On December 19, 2023, Defendant filed Judicial Council Form APP -002, Notice of Appeal (Unlimited Civil Case). Defendant noticed its appeal of the Minute Order dated December 8, 2023, which denied the Motion to Compel Arbitration. On January 1, 2024, an amended version of Code of Civil Procedure section 1294, subdivision (a) took effect. On April 23, 2024, Plaintiff ...

Excerpt: ...”) petition to vacate arbitration award (“Petition”) on the following grounds: (1) JAMS is not a proper party pursuant to C.C.P. §1285; (2) this Court does not have jurisdiction to vacate interlocutory arb itration rulings pursuant to C.C.P. §1283.4; (3) the doctrine of arbitral immunity bars the Petition insofar as it seeks to hold JAMS liable for actions taken in its official capacity as an adjudicator; and (4) the litigation privilege ...

Excerpt: ...ee years of commencing the action. Code of Civil Procedure section 583.210(a) provides, “The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed.” Section 583.250 provides: “(a) If service is not made in an action within the time prescribed in this article: (1) The action s...

Excerpt: ..., 2024 Moving Party: Plaintiff John Robert Kochakji Responding Party: None (1) Motion to Compel Responses to Requests for Production (Set Two) (2) Motion to Compel Responses to Special Interrogatories (Set Two) The court considered the moving papers. No opposition was received. The court GRANTS Plaintiff's motion to compel responses to Requests for Production (Set Two). The court orders defendant Mary Guidry to serve verified responses, without o...

Excerpt: ...xamination. Defendant a lso requests sanctions of $840 in connection with bringing this motion. In any case in which a plaintiff is seeking recovery for personal injuries, defendant may demand a physical examination. Code Civ. Proc. §2032.220(a). A defendant may make a demand for physical examination, and the examination shall be scheduled for a date at least 30 days after service. Code Civ. Proc. §2032.220(b), (d). Defendant argues plaintiffs ...

Excerpt: ...c., and Does 1 to 25 for damages arising from an alleged dangerous and hazardous condition on the property located at 1101 West McKmley Avenue in the City of P omona. Defendant Los Angeles County Fair Association dba Fairplex Enterprises, Incu sued as Fairplex Enterprises, Inc., ("Fairplef) moves for an order compelling Plaintiff to provide further responses to its set one of form interrogatories, special interrogatories, and request for producti...

Excerpt: ...te of the notice of ruling. 3. Plaintiff Jose Ma rtin Reyes' Motion to Compel Discovery Responses to Plaintiff's Form Interrogatories (Employment)(Set One) is GRANTED. Braun is ordered to re -serve his responses to the subject discovery, without objections and with a verification, within 5 days from the date of the notice of ruling. Sanctions are awarded, jointly and severally, in the reduced amount of $410.00 and are payable within 20 days from ...

Excerpt: ...ear at deposition or produce the requested documents “without having served a valid objection under Section 2025.410.” (CCP § 2025.450(a).) Plaintiff's motion is procedurally defective. “Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement.” (Cal. Rules of Court, rule 3.1345(a).) “The separate statement must include —for each discovery request … to wh...

Excerpt: ...Does 1 to 25, asserting causes of action for negligence and premises liability. On September 30, 2021, Plaintiff amended her complaint to name Sprouts Farmers Market, Inc. as Doe 1. (Plaintiff named additional defendants on November 5, 2021, and subsequently filed a request to dismiss those defendants on May 23, 2022.) On December 3, 2021, Defendant SF Markets, LLC (“SF”) filed an answer. On October 12 and 14, 2022, Plaintiff amended her comp...

Excerpt: ...LB00016. Plaintiff alleges the vehicle suffered from various defects and nonconformities that revealed the mselves within the applicable express warranty period. Plaintiff alleges Defendant was obligated under the Song Beverly Act to promptly offer to repurchase or replace the vehicle after a reasonable number of unsuccessful repair attempts. Plaintiff alleges Defendant failed to do so. On September 7, 2023, Plaintiff filed a complaint against Am...

Excerpt: ... LLC Resp. Party: Defendant Israel Jimenez Miron SUBJECT: Request for Default Judgment Moving Party: Plaintiff Sunny and 80 LLC Resp. Party: Defendant Jose Miguel Salisone Rosas SUBJECT: Motion to Set Aside Default Moving Party: Defendant Group Atom Development Inc. Resp. Party: Plaintiff Sunny and 80 LLC SUBJECT: Motion to Set Aside Default Moving Party: Defendant Jose Carlos Uribe Resp. Party : Plaintiff Sunny and 80 LLC SUBJECT: Motion to Set ...

Excerpt: ... at 4904 4th Avenue in Los Angeles, California (the “Property”). The County conducted a tax sale on October 21, 2019, resulting in excess proceeds in the amount of $357,875.74. Barton then assigned her rights to Petitioner Global Discoveries Ltd. (“Petitioner”), which relied on the County's finding that Barton was the lawful owner of the property. Petitioner filed a claim for the excess proceeds, per Tax and Revenue Code section 4675. The...

Excerpt: ...m a trip and fall at SoFi stadium. On March 18, 2024, Plaintiff filed the instant motion seeking an order compelling defendant Stadco LA, LLC ("Defendant') to provide further responses to Plaintiffs request for production of documents ("RPDs), sets one and fivo, as to requests nos. 2, 8, 16, 17, 18, 19, and 23. In opposition, Defendant contends Plaintiff received all relevant documents requested at IDC and that Plaintiff did not meet and confer a...