Excerpt: ...neys General Act (PAGA). Plaintiffs Ma G. Munoz and Celestina Garcia worked for Defendant Super Center Concepts, Inc. (Superior Grocers) as non -exempt employees. On January 10, 2024, Munoz and Garcia filed a PAGA complaint against Superior Grocers and Does 1 -100, alleging a single cause of action for civil penalties pursuant to the Labor Code. On April 22, 2024, Superior Grocers filed the present demurrer. Prior to filing on March 22, 2024, Sup...

Excerpt: ...�), Karen Wilkins (“Karen”), and the Wilkins Family Living Trust (“Trust”) (collectively, “Defendants”) demur to the 1st, 2nd, and 3rd causes of action in Plaintiff Bel Esprit Builders, Inc.'s (“Bel Esprit”) (“Plaintiff”) compla int (“Complaint”) on the basis the causes of action fail to state facts sufficient to allege causes of action against Defendants and are stated ambiguously and unintelligibly. (Notice of Demurrer, ...

Excerpt: ... · 5th Cause of Action for Declaratory Relief RULING : Demurrer is sustained with leave to amend for the First, Second, Third, and Fourth Causes of Action, Demurrer is sustained without leave to amend for the Fifth Cause of Action. SUMMARY OF ACTION On May 19, 2023, Plaintiff Jesus Santana (Plaintiff) filed his complaint with five causes of action for (1) Breach of fiduciary duty and duty of loyalty; (2) fraud- concealment; (3) negligence; (4) p...

Excerpt: ...022, Defendant, while under the influence of drugs and/or alcohol, maliciously drove his vehicle and stuck Eduardo Vasquez's vehicle which resulted in severe injuries and Mr. Vasquez's subsequent death. Defendant requests the following portions be stricken from Plaintiffs' complaint: Paragraph 14(a)(2), Paragraph EX-1, Paragraph EX -2, and Paragraph EX- 3. Meet and Confer Prior to filing a motion to strike, the moving party is required to satisfy...

Excerpt: ...tigation of alleged misconduct an d violations of now-dismissed Defendant Eduardo Xavier Yanez. The Commission shall disclose unredacted versions of the documents with Bates Nos. CTC0019, CTC0024, CTC0030, CTC0035, CTC0043, CTC0051, CTC0058, CTC0063 and CTC0086, except that it will redact Yanez's social security number, date of birth, and other ident ifying personal information that does not pertain to his character and fitness. Moreover, the doc...

Excerpt: ...rofessions Code § 17500. On November 28, 2020, May was driving a 2021 Honda Talon (“Talon”) 1000x (a side-by-side UTA/ATV) while Lisa McCafferty (“McCafferty”) was a passenger. (Compl., ¶ 18.) While driving on an offroad trail, both May and McCafferty were wearing harnesses and he lmets. (Compl., ¶ 18.) When the Talon encountered an uneven surface on the road, it flipped, performing a single frontal rollover, with it coming to rest bac...

Excerpt: ...hrough his Guardian ad Litem, S.F., and M.M., a minor, by and through his Guardian ad Litem, M.C. RESPONDING PARTY: Defendant Los Angeles Unified School District The Court has considered the moving papers and opposition papers. No reply has been received. BACKGROUND These consolidated actions involve various plaintiffs who have sued Defendant Los Angeles Unified School District (“LAUSD”) based on allegations of sexual abuse perpetrated by Def...

Excerpt: ...wing causes of action: (1) violation of Civil Code § 3342; (2) negligence; and (3) premises liability. As alleged in the complaint, Plaintiff was injured on December 28, 2014 when she was attacked by Defendants' dog while patronizing Defendants' store. On January 25, 2019, default was entered against Defendant L.A. Fresh Poultry, Inc. Thereafter, on June 6, 2019, defaults were entered against the individual defendants. On July 29, 2022, the Cour...

Excerpt: ...is action arises out of a motor vehicle accident that occurred on 9/30/22 wherein Plaintiff Juan Francisco Rodriguez Cortes (Plaintiff) was struck by a motor vehicle driven by Defendant Jose Luis Gomez Ramirez (Ramirez). (Complaint ¶16). Plaintiff alleges that Ramirez drove a vehicle off the road and struck Plaintiff at the intersection of Laurel Canyon Boulevard and Mercer Street in Los Angeles. Id . Plaintiff alleges that on or before the acci...

Excerpt: ...a witness or the production of documents, electronically stored information, or other things before a court or at the taking of a deposition, the court, upon motion “reasonably made” by the party, the witness, or any consumer whose personal records are sought, or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance wi...

Excerpt: ...e leave requested, including, but not limited to, the following: (1) The necessity and the reasons for the discovery. (2) The diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier. (3) Any likelihood that permitting the discovery or hearing the discovery motion will prevent the case from going t...

Excerpt: ...cuments. Cross- Complainants filed a notice of non -opposition. The Court may order that a record be filed under seal only if it finds that (1) there is an overriding interest that overcomes the right of public access to the record, (2) the overriding interest supports sealing the record, (3) a substantial probability exists that the overriding interest will be prejudiced absent sealing, (4) the proposed sealing is narrowly tailored, and (5) no l...

Excerpt: ...ril 20, 2023, at an initial status conference before the undersigned concerning these cases that it had been sent for trial, the Court noted its inclination to address those issues that could be decided while the Utah Court of Appeal considered a judg ment from a trial in Utah related to elder abuse involving these same parties that are substantially like the issues in the civil elder abuse action (YC 071983). On February 28, 2024, the Court sche...

Excerpt: ...ove to strike the prayer for punitive damages and requests for attorneys' fees. Code Civ. Proc. §§ 435-437. Punitive Damages: A motion to strike is the procedure to attack unjustified punitive damages. (Venice Town Council, Inc. v. City of Los Angeles (1996) 47 Cal.App.4th 1547, 1561-1562.) A complaint including a request for punitive damages must also include allegations showing that the plaintiff is entitled to such an award. (Clauson v. Supe...

Excerpt: ...022, Defendant, while under the influence of drugs and/or alcohol, maliciously drove his vehicle and stuck Eduardo Vasquez's vehicle which resulted in severe injuries and Mr. Vasquez's subsequent death. Defendant requests the following portions be stricken from Plaintiffs' complaint: Paragraph 14(a)(2), Paragraph EX-1, Paragraph EX -2, and Paragraph EX- 3. Meet and Confer Prior to filing a motion to strike, the moving party is required to satisfy...

Excerpt: ...ED Defendant moves for an order striking the Complaint filed by Plaintiffs Thaonam Cuu Dang and Mai T. Nguyen pursuant to CCP § 425.16. BACKGROUND This action arises from alleged false representations made during pre- litigation settlement negotiations. On August 3, 2023, Plaintiffs Thaonam Cuu Dang and Mai T. Nguyen (“Plaintiffs”) filed a Complaint against Defendants Progressive Direct Insurance Company (“Defendant”) and DOES 1 through ...

Excerpt: ...ATIVE: Defendants' motion to strike punitive damages from the FAC is denied. Moving parties to give notice. BACKGROUND On November 8, 2023, James Borrelli (“Plaintiff”) filed a Complaint against Sitcoproperties, Inc. (“Sitco Properties”); Simicha Borenstein aka Sam Borenstein (“Borenstein”); LA Housing Outreach LLC (“LA Housing”), (collectively “Defendants); and Does 1 to 10. The Complaint alleges seven causes of action: (1) dec...

Excerpt: ...ATIVE: Defendants' motion to strike punitive damages from the FAC is denied. Moving parties to give notice. BACKGROUND On November 8, 2023, James Borrelli (“Plaintiff”) filed a Complaint against Sitcoproperties, Inc. (“Sitco Properties”); Simicha Borenstein aka Sam Borenstein (“Borenstein”); LA Housing Outreach LLC (“LA Housing”), (collectively “Defendants); and Does 1 to 10. The Complaint alleges seven causes of action: (1) dec...

Excerpt: ...e Insurance Company (“Plaintiff”) filed this subrogation action against Defendant Daniel Placenti (“Defendant”). Defendant filed an answer on October 12, 2021. On May 24, 2023 Plaintiff filed a copy of the parties' settlement agreement with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.6. The Court dismissed the action pursuant to the stipulation on the same date. (Stip and Order , filed 0...

Excerpt: ...2023. A t the hearing on January 29, 2024, the Court continued the hearing to allow Respondent to file a memorandum of points and authorities. (Minute Order, 01/29/24.) On January 31, 2024, the parties filed a stipulation to allow California Labor Commissioner, Division of Labor Standards Enforcement, Department of Industrial Relations, State of California to intervene in this action. The Court granted the stipulation the same date. (Stip and Ord...

Excerpt: ... answer “is evasive or incomplete” (CCP § 2030.300(a)(1) or an objection “is without merit or too general” (CCP § 2030.300(a)(3)). A party demanding documents may move to compel further responses if “[a] statement of compliance with the demand is incomplete,” “[a] representation of inability to comply is inadequate, incomplete, or evasive,” or “[a]n objection in the response is without merit or too general.” (CCP § 2031.310...

Excerpt: ...tion against Defendants Marvin Johnson, Lori Gay, Jesse Ibarra, Angela Heyward, and others. On November 13, 2023, the Court entered default against the individual Defendants. On April 12, 2024, Defendants filed motions to set aside the defaults. Defendants each included a copy of their proposed answer to the complaint. LEGAL STANDARD The Court may relieve a party or counsel from a judgment resulting from mistake, inadvertence, surprise, or excusa...

Excerpt: ...cting the reduced amount stated herein prior to the hearing. If the default judgment is entered, no appearance is needed and the OSC will be taken off- calendar. BACKGROUND This is a breach of contract action. On March 10, 2023, plaintiff Xiuqin Wang (Plaintiff) filed this action against defendants Hao Gong (Gong), Zhiyong Fu (Fu), Zhuangzhuang Xu (Xu) (collectively, Defendants) and Does 1 to 20, alleging causes of action for breach of contract, ...

Excerpt: ...13,620.00. The Court DENIES Plaintiff's request without prejudice to Plaintiff's ability to bring the request as a separate motion. Background Plaintiff filed this action on February 20, 2024, raising claims for (1) malicious prosecution, and (2) violation of the Bane Act. On May 6, 2024, Defendants filed an anti-SLAPP motion, noticing the hearing for May 28, 2024. Plaintiff filed an opposition on May 9, 2024 arguing, inter alia, that the motion ...

Excerpt: ...s 3J1M LLC; Ironwood Velvet LLC; and Aperto Property Management Inc. (collectively, “Defendants”) Responding Party: Plaintiff Dawnielle DeSensi, Shiyann Redmond, and Alexis Redmond (collectively, “Plaintiffs”) Notice: OK Ruling: The Motion to Compel Further Responses to Form Interrogatories (Set One) is DENIED. The Motion to Compel Further Responses to Special Interrogatories (Set One) is DENIED. In connection with the motion re: Form Int...