Excerpt: ...trongly encouraged to appear by LACourtConnect rather than in person due to the COVID -19 pandemic. This is a habitability matter. Defendant D&A Endeavors, Inc. seeks to exclude or limit the testimony of Plaintiffs' expert, Shilpa Sayana, M.D., because “she intends to opine that [Plaintiff] Roth suffered from a panoply of medical conditions causally rel ated to the mold exposure, including ‘brain fog', fatigue, immunosuppression, chronic sinu...

Excerpt: ...d on March 18, 2024, Plaintiff Bob Mizer Foundation, Inc. (Plaintiff) filed a complaint against Defendant CultureEdit, LLC (Defendant). The Complaint seeks relief based on the parties' contract wherein Defendant CultureEdit was to act as Plaintiff's agent in securing licenses for the use of Plaintiff's intellectual property . On May 6, 2024, Defendant filed a motion to compel arbitration pursuant to the parties' arbitration agreement. In oppositi...

Excerpt: ...defendant Jane Cohen on August 23, 2022, for (1) breach of contract, (2) intentional misrepresentation, (3) negligent misrepresentation, and (4) violation of the Civil and Public Resources Codes. Vershinin alleges he purchas ed a commercial property (Property) from Cohen in November 2020. Before the parties executed their purchase agreement (Agreement), Vershinin informed Cohen that he intended to use the Property to build a fuel station, truck s...

Excerpt: ...common carrier. On June 16, 2022, Plaintiff filed a second amended complaint against the same defendants for negligence. On July 18, 2022, Rojas filed an answer. On August 5, 2022, Trucking filed an answer. On December 22, 2023, Trucking filed a motion for summary judgment and/or summary adjudication to be heard on March 15, 2024. On March 1, 2024, Plaintiff filed an opposition. On March 8, 2024, Trucking filed a reply. The Court continued the he...

Excerpt: ...bility, among other things. Defendant now moves for summary judgment, or in the alternative, summary adjudication. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion for Summary Judgment is DENIED. Defendant's Alternative Motion for Summary Adjudication of the First, Second, Third, Fourth, and Fifth Causes of Action is GRANTED. Defendant's Alternative Motion for Summary Adjudication of the Sixth and Seventh Causes of Action is DENIED. Defend...

Excerpt: ...set Holdings, LLC T/R: PLAINTIFFS' MOTION IS DENIED. PLAINTIFF TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self -represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND On May 2, 2023, Plaintiff filed a complaint against Defendants, asserting causes of action for (1) b...

Excerpt: ... Bahareh Mohammadzadeh Moghaddam FACTUAL BACKGROUND On December 20, 2019, Plaintiffs Farzin Maly and Bahareh Mohammadzadeh Moghaddam filed a complaint against Defendants Brett C. Harrison aka Brett Christian Harrison; BCH Enterprises, LLC; Tryston Harrison; Re/Max Olson & Associates; David Thomas Lloyd; Cen ter Street Lending Fund IV Spe, LLC; Bagnard Company, LLC; CT Lien Solutions; Mario Simone; The Turoci Firm, Inc.; BM Stewardship Inv., LLC; ...

Excerpt: ...ght claims against Plaintiff. Following trial, the Court entered Judgment providing that, inter alia , Defendants had six months to pay Plaintiff $160,000, title for the Property remains with Defendants, and Plaintiff could continue to reside in the Property for six months and would vacate the Property after receipt of the $160,000 payment. JAVIER GONZALEZ and MARIA GONZALEZ (“Gonzalez Defendants”) filed a motion requesting an order for issua...

Excerpt: ...: On March 15, 2021, Plaintiff Lisa Davidson (“ Judgment Creditor ”) filed the instant action against Defendant Rite Aid Corporation (“Judgment Debtor”). Default judgment was entered against Judgment Debtor on March 7, 2022. On April 8, 2024, Judgment Creditor filed the instant Motion to Amend Judgment. No opposition has been filed to date. Discussion As an initial matter, the Motion to Amend Judgment is not accompanied by a proof of serv...

Excerpt: ... Inc. Plaintiff' s application was granted on October 3, 2023. Therefore, Plaintiff now has a judgment against Defendant in Los Angeles Superior Court. On March 22, 2024, Plaintiff filed the instant motion to amend the judgment to add judgment debtors based on alter ego. Plaintiff seeks to add Christopher Smith, sole owner and member of CMS Equity, as well as ten other corporate entities of which Smith or CMS is the sole owner or member. On May 2...

Excerpt: ...rican Guard Services, Inc. filed the instant motion to compel arbitration. Plaintiff filed her opposition on April 24, 2024. Defendant filed its reply on May 1, 2024. The motion was continued to June 3, 2024 to allow for supplemental briefing. Plaintiff filed her supplemental opposition on May 15, 2024. Defendant filed its supplemental reply on May 22, 2024. LEGAL STANDARD “On petition of a party to an arbitration agreement alleging the existen...

Excerpt: ...e moving, opposition, and reply papers. BACKGROUND On December 27, 2023, Plaintiff filed a complaint (the “Complaint”) alleging: (1) professional negligence; (2) breach of fiduciary duty; (3) breach of contract; (4) recession; (5) fraud in the inducement; (6) misrepresentation of material facts; and (7) in tentional infliction of emotional distress. On March 7, 2024, Defendants filed the instant Petition to Compel Arbitration (the “Petition...

Excerpt: ...rden of proving by a preponderance of evidence that a valid arbitration agreement exists. Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 842; see also § CCP 1281.2. A party meets its initial burden simply by reciting the terms of the governing provision, or by attaching a copy of the provisions. Sprunk v. Prisma LLC (2017) 14 Cal.App.5th 785, 793. Once the petitioner meets its burden, “the burden shifts to the party opposing t...

Excerpt: ...NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self -represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. CCP § 1987.1 provides, “[i]f a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before ...

Excerpt: ...s are DENIED on procedural grounds. Background This is an action for premises liability arising from alleged injuries causes by a train in Griffith Park in Los Angeles on May 19, 2018. On May 15, 2020, Plaintiffs Malvina Mkhchyan, Ovsanna Mkhchian, Adam Bersigian (a minor by and through his Guardian A d Litem Ovsanna Mkhchian) (collectively “Plaintiffs”) filed a Complaint against Defendants City of Los Angeles, Travel Town Transportation Muse...

Excerpt: ...CASE HISTORY: • 04/27/23: Complaint filed. • 12/29/23: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for fraud and breach of contract. The parties were equal owners of a corporation, Papilion, Inc., whose sole asset was a restaurant named Concerto. On January 31, 2020, the Restaurant's original lease expired, and the landlord commenced a n unlawful detainer action. Defendant wished to contest...

Excerpt: ...examination of Plaintiff with Dr. Kenneth Jung, M.D. Plaintiff opposes and Defendant replies. BACKGROUND On April 5, 2024, the Court granted in part Defendant's ex parte application to continue trial in order to have this motion heard. Trial and all discovery and pre- trial motion cut off dates were continued to July 30, 2024. (Min. Order, 4/5/24.) LEGAL STANDARD “In any case in which a plaintiff is seeking recovery for personal injuries, any d...

Excerpt: ..., special interrogatories, set one, and form interrogatories, set one. Defendant also requested sanctions. The motions were set for hearing on May 6, 2024. On April 29, 2024, Plaintiff filed untimely oppositions. On May 1, 2024, Defendants filed replies. On May 1, 2024, Plaintiff filed responses to the replies. The Court continued the hearings to June 3, 2024. Trial is currently scheduled for December 17, 2024. PARTIES' REQUESTS Defendant asks th...

Excerpt: ...kar and Irma Thakkar (“Plaintiffs”) RESPONDING PARTY: None NOTICE: OK RELIEF REQUESTED: An order from this Court to compel Defendant Nikita Julia Kakhnenko's (“Defendant”) responses, without objections, to Demands for Inspection and Production of Documents, Set One, and to impose monetary sanctions against Defendant in the amount of $736.65. TENTATIVE RULING: The motion is GRANTED. The request for monetary sanction is GRANTED IN PART. BAC...

Excerpt: ... Defendant filed a motion to continue the trial and to permit a neuropsychologist medical examination, to be heard on April 16, 2024. On April 3, 2024, Plaintiff filed an opposition to the motion to permit an examination. On April 9, 2024, Defendant filed a reply. The Court continued the hearing to June 3, 2024. On March 26, 2024, in response to Defendant's ex parte application, the Court continued the trial to July 2, 2024 and reopened fact disc...

Excerpt: ... action for: (1) medical malpractice; and (2) negl igent misrepresentation. This case arises out of the care and treatment provided by Dr. Soleymani to Plaintiff for an infection of his right big toe and part of his foot. Plaintiff contends that Dr. Soleymani performed a surgery claiming to have removed pieces of rotten bones out of Plaintiff's right foot and that the surgery was successful. Plaintiff claims that he believed his foot still looked...

Excerpt: ...lieved. Plaintiff is currently self -represented. Defendants Jinhwan Kim, Ryung Hwan Kyung, and JDLK Trucking, Inc. (“Defendants”) now move to enforce a purported settlement agreement between Defendants and Plaintiff under Code of Civil Procedure section 644.6. On May 22, 2024, Plaintiff filed an “Answer” to Defendants' motion, in opposition. No proof of service is attached to Plaintiff's “Answer” and no reply has been filed. [1] LEGA...

Excerpt: ...e terms of a 10/25/23 oral settlement agreement between the parties. TENTATIVE RULING: The motion is denied. BACKGROUND This is an action by the owner of a condominium unit against the homeowners' association (HOA), the HOA's counsel, and others. The operative Second Amended Complaint, filed on 9/9/20, contains the following causes of action: (1) breach of governing documen ts, (2) breach of fiduciary duty, (3) breach of written contract, (4) bre...

Excerpt: ...t Lindholm, et al.'s Motion to Quash Subpoena Duces Tecum is denied. Background Plaintiffs filed the Complaint on August 6, 2018. Plaintiffs allege the following facts. Defendants misrepresented the services rendered to Plaintiffs in the following manner: Defendants were engaged to transport horses from Europe to Los Angeles. However, Defendants increased the cost beyond what was usual and customary. Defendants misrepresented the services to be r...

Excerpt: ...nor and middle school student, was allegedly left unattended and allowed to run or wander five miles from his school campus before being discovered later that day. (Complaint, ¶¶ 20-30.) On August 24, 2022, Plaintiff filed the Complaint in this action, asserting causes of action for negligent hiring, retention, and supervision; negligence; negligent infliction of emotional distress; and intentional infliction of emotional distress against Defen...