Recent Rulings by Hon. Mark C. Kim

• LEE ZIFF VS DAVID CULEN

  Feb 25, 2021 |  Los Angeles County

  Plaintiff propounded RFAs on Defendant on 8/04/20. To date, despite multiple extensions of time to respond, Defendant has not served responses to any of the propounded discovery. Plaintiff therefore seeks an order deeming the RFAs admitted and requiring Defendant and Defense Counsel to pay sanctions.

  ...

• TODD BARTON VS FORD MOTOR COMPANY

  Feb 25, 2021 |  Los Angeles County

  Background Facts

  Plaintiff, Todd Barton filed this action against Defendant, Ford Motor Company for violation of the Song-Beverly Act.

  Motion to Compel Further Responses

  Relief Sought

  Plaintiff requests that the court compel defendant to respond further to Plaintiff’s Reques...

• JUAN PALOMO VS JAY PALOMO ET AL

  Feb 25, 2021 |  Los Angeles County

  Background Facts

  Plaintiff, Juan Palomo filed this action against Defendants, Jay Palomo, Saul Palomo, John Bierman, and JJS Palomo’s Steel for breach of fiduciary duty, restitution based on rescission and cancellation of instrument, shareholder derivative action, conspiracy, accounting, and declar...

• AC GLASS & METALS, LLC VS NR GROUP, INC.

  Feb 25, 2021 |  Los Angeles County

  Defendant, NR Group, Inc. seeks permission to have Bruce Loren appear pro hac vice in this action. The Court previously denied NR Group’s application without prejudice due to failure to file proof of service on the State Bar. NR Group has now served its moving papers on all parties to the action and on the...

• AMERICAN EXPRESS NATIONAL BANK, SUCCESSOR BY MERGER TO AMERICAN EXPRESS BANK, FSB VS KATHLEEN F ROBERTS, AN INDIVIDUAL, ET AL.

  Feb 23, 2021 |  Los Angeles County

  Background Facts

  Plaintiff, American Express National Bank, Successor by Merger to American Express Bank, FSB filed this action against Defendants, Kathleen F. Roberts and H. Roberts Construction for failure to pay on a credit card account. Plaintiff filed the action on 9/27/19. Defendants, through...

• BARBARA LUMBRUNO, BY AND THROUGH HER GUARDIAN AD LITEM, REGINA LUMBRUNO VS SEACREST CONVALESCENT HOSPITAL, INC, ET AL.

  Feb 23, 2021 |  Los Angeles County

  Background Facts

  Plaintiff, Barbara Lumbruno filed this action against Defendants, Seacrest Convalescent Hospital, Inc., Ebenezer Home, Inc., and Primex Consulting, LLC for elder abuse and related claims. Plaintiff filed her complaint on 10/08/19, and Regina Lumbruno filed an application to be appo...

• SANTIAGO IBARRA VS PACIFIC SPECIALTY INSURANCE COMPANY AND DOES 1 THROUGH 10 INCLUSIVE

  Feb 23, 2021 |  Los Angeles County

  Plaintiff, Santiago Ibarra (“Plaintiff”) filed this action against Defendant, Pacific Specialty Insurance Company (“Defendant”) on January 2, 2019. On April 22, 2016, a water leak occurred in Plaintiff’s rented apartment, causing property damage. Plaintiff was sued by Ocean Structure, Inc. for the property...

• KAVIN TURNER VS KBR INC.,, ET AL.

  Feb 19, 2021 |  Los Angeles County

  Plaintiff, Kavin Turner filed this action against Defendant, KBR, Inc. for wage and hour violations. After mediation, the parties agreed that it would be best to treat the case as a class action in order to avoid piecemeal litigation of the same issues by multiple persons. Plaintiff filed a Second Amended ...

• LEE ZIFF VS DAVID CULEN

  Feb 18, 2021 |  Los Angeles County

  Plaintiff propounded special interrogatories, form interrogatories, and RPDs on Defendant on 8/04/20. To date, despite multiple extensions of time to respond, Defendant has not served responses to any of the propounded discovery. Plaintiff therefore seeks an order compelling Defendant to respond, without o...

• GUNDRY PARTNERS, L.P. VS MAVERICK DECATUR GEORGIA, LLC

  Feb 18, 2021 |  Los Angeles County

  Background Facts

  Plaintiff, Gundry Partners, LP filed this action against Defendants, Maverick Decatur Georgia, LLC and Does 1-50 for breach of contract, common counts, and to enforce mechanic’s lien release bond. Plaintiff filed its complaint on 8/29/17. Maverick filed a cross-complaint against Gu...

• DOUGLAS WOODS VS ENEL TAYLOR

  Feb 18, 2021 |  Los Angeles County

  Background Facts

  Plaintiff, Douglas Woods was previously married to Defendant, Enel Taylor. After the parties divorced, they purchased the property located at 3249 Oregon Avenue in Long Beach as joint tenants. Concurrently with purchasing the property, they signed a one-paragraph written agreement,...

• DAVAR US, INC. VS PROVIDENCE INDUSTRIES, LLC

  Feb 18, 2021 |  Los Angeles County

  Ekwan E. Rhow, attorney of record for Defendant, Providence Industries, LLC dba MyDyer moves to be relieved as counsel. The motion is denied without prejudice. Counsel failed to file the required declaration on Judicial Council Form MC-052. Counsel also failed to file the required proposed order on Judicia...

• WELLS FARGO BANK, N.A. VS SHAMARA BANKS

  Feb 18, 2021 |  Los Angeles County

  Plaintiffs have motions to compel further responses to form interrogatories and production of documents at deposition on calendar today, 2/18/21. Plaintiffs also have a motion to compel further responses to special interrogatories on calendar on 3/16/21. The Court has reviewed the motions, oppositions, and...

• RICHARD SKAGGS, ET AL. VS MCKEEL HAGERTY, ET AL.

  Feb 16, 2021 |  Los Angeles County

  Background Facts

  Plaintiffs, Richard and Roberta Skaggs filed this action against Defendants, Hagerty Insurance, McKeel Hagerty, Louise Hagerty, Michelle Ayers, Christina Verschaeve, Specialized Claims Synergy, Jason Vogel, Erich Broughard, Marlon West, Shelly Hockett, Essentia Insurance Company, M...

• ALFONSO AVINA VS MCDONALD?S CORPORATION, ET AL.

  Feb 16, 2021 |  Los Angeles County

  Background Facts

  Plaintiff, Alfonso Avina filed this action against Defendants, McDonald’s Corporation, McDonald’s USA, LLC, Roby Brothers Too, Loan Rader dba Top Watch Security, John Emanual Rader dba Top Watch Security, and Hashim Muhammad on 11/20/19. Plaintiff’s complaint includes causes of act...

• EUGENE SHAMPANSKY ET AL VS OCEANS 11 RV PARK LLC

  Feb 16, 2021 |  Los Angeles County

  Procedural History

  Plaintiffs, Eugene and Yana Shampansky filed this action against Defendants, Oceans 11 RV Park, LLC and Oceans 11 RV Rentals & Storage on 8/08/10. The original complaint included causes of action for breach of contract, breach of the implied covenant of good faith and fair dealin...

• REBECCA MELZER VS JEFF S. MILLAN

  Feb 04, 2021 |  Los Angeles County

  Background Facts

  Plaintiff, Rebecca Melzer filed this action against Defendant, Jeff S. Millan for breach of contract, breach of the covenant of good faith and fair dealing, defamation, IIED, and NIED. Plaintiff alleges she loaned Defendant money, and the loan agreement was secured by Plaintiff’s a...

• LAWERENCE EBER VS VETERANS CARE COORDINATION, LLC., A MISSOURI LIMITED LIABILITY COMPANY, ET AL.

  Feb 04, 2021 |  Los Angeles County

  Plaintiff, Lawrence Eber filed this action against Defendants, Veterans Care Coordination, LLC, et al. for damages arising out of an alleged scheme to fraudulently poach his pension. On 1/12/21, the Court was scheduled to hear Plaintiff’s motions to compel further responses. The Court continued the hearing...

• SUN WOO KIM VS ROYAL CARIBBEAN CRUISES, LTD.

  Feb 04, 2021 |  Los Angeles County

  Background Facts

  Plaintiff, Sun Woo Kim filed this action against Defendant, Royal Caribbean Cruises, Ltd. for damages arising out of a trip and fall down a set of stairs. Plaintiff alleges he was employed by Defendant as an executive housekeeper at the time of his fall.

  The case was origin...

• SHARAY WILLIS, ET AL. VS ANAHEIM GARDENS HOUSING, LLC, ET AL.

  Feb 04, 2021 |  Los Angeles County

  Plaintiffs, Sharay Willis and Myesha Willis Terry filed this action against Defendants, Anaheim Gardens Housing, LLC, et al. for damages arising out of the shooting death of Decedent, Corey Daily. Plaintiffs allege the death occurred on Defendants’ property as a result of Defendants’ insufficient security ...

• MARGARET WILLIAMS ET AL VS LONG BEACH UNIFIED SCHOOL DISTRIC

  Feb 04, 2021 |  Los Angeles County

  Plaintiffs, Margaret Williams and Margaret Williams, LLC (“MWL”) filed NC060708 against Defendant, Long Beach Unified School District (“LBUSD”) for:

  1. Breach of Contract

  2. Breach of Implied Good Faith Covenant

  3. Negligence – Premises Liability

  4. Retaliation (Gov’t Code §...

• MONIQUE BOOCHIE, AN INDIVIDUAL, ET AL. VS 6107 LINDEN, LLC, A LIMITED LIABILITY COMPANY

  Feb 04, 2021 |  Los Angeles County

  Background Facts

  Plaintiffs, Monique Boochie, Taquan Hicks, Jaiquan Hicks, Alajah Hicks, Patrice Cloy, Earnest King, Keauna Lee, and Keymari Davis filed this action against Defendant, 6107 Linden, LLC for breach of the warranty of habitability and related claims. Plaintiffs filed their original com...

• (NO CASE NAME AVAILABLE)

  Feb 02, 2021 |  Los Angeles County

  Background Facts

  Plaintiff, Dan Trujillo filed this action against Defendant, Princess Cruise Lines, Ltd. for damages arising out of personal injuries sustained while he was a passenger on Defendant’s ship in navigable waters.

  Motion to Dismiss

  Defendant moves to dismiss the case, c...

• BRENT SCHEIBER VS DENA JONES, ET AL.

  Feb 02, 2021 |  Los Angeles County

  Background Facts

  Plaintiff, Brent Scheiber, derivatively on behalf of LB Tap House, Inc. filed this action against Defendants, Dena Jones and Brandon Forsberg (as well as LB Tap, as a derivative defendant) for breach of fiduciary duty, fraud, corporate waste, and abuse of control.

  Motion to...

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