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2023.04.27 Motion to Dismiss Complaint, Demurrer, Motion to Strike 157
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2023.04.27
Excerpt: ...obert R. Maxwell, et al.'s Motion to Dismiss Plaintiffs Complaint is denied. Robert R. Maxwell, et al.'s Demurrer to First Amended Complaint is sustained with 20 days leave to amend and leave to amend, in part. Robert R. Maxwell, et al.'s Motion to Strike Portions of First Amended Complaint is moot Background Plaintiff filed the Complaint on April 29, 2021, and the First Amended Complaint ("FAC") on February 7, 2023. Plaintiff alleges the followi...
2023.04.27 Motion to Compel Arbitration and Stay Action, Compel Responses, to Deem RFAs Admitted 840
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2023.04.27
Excerpt: ...Motion to Compel Nissan North America, Inc.'s Responses to Special Interrogatories, Set One Stephanie Medina's Motion to Compel Nissan North America, Inc.'s Responses to Request for Production of Documents, Set One Stephanie Medina's Motion to Deem the Truth of Matters in Requests for Admissions, Set One, Admitted TENTATIVE RULING Nissan North America, Inc.'s Motion to Compel Arbitration and to Stay Action is denied. Gardena Nissan, Inc.'s Motion...
2023.04.26 Motion to Strike 791
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2023.04.26
Excerpt: ...September 13, 2022. Plaintiffs allege the following facts. Plaintiffs are tenants/residents at 222 W. Lime Street Apartment C, Inglewood, California 90301 pursuant to a lease agreement. Defendants are the owners and/or managers. The property suffers from water intrusion and mold. Defendants failed to remedy the situation. Plaintiffs allege the following causes of action: 1. Statutory Breach of the Warranty of Habitability (Civ. Code 1941, 1941.1)...
2023.04.26 Motion to Reopen Non-Expert Discovery 201
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2023.04.26
Excerpt: ...s allege the following facts. Plaintiffs were on the premises located at 441 23rd Street, Manhattan Beach, CA 90266. Plaintiff Liam Umer, a minor, was using an elevator installed by Defendants RD Waldman Construction, Inc. Plaintiff Liam Umefs left arm was caught on the metal framing of the PVE vacuum elevator causing him to suffer injuries to his left arm and hand. Motion to Reopen Discovery Code Civ. Proc., S 2024.050 states, in relevantpart: "...
2023.04.25 Motion to Set Aside Default Judgment, to Quash Service of Summons, for Costs and Sanctions 810
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2023.04.25
Excerpt: ...South Coast Industrial, Inc.'s Motion to Set Aside Default Judgment is denied without prejudice. South Coast Industrial, Inc.'s Motion to Quash Service of Summons is denied. South Coast Industrial, Inc.'s Motion for Sanctions is denied. Background Plaintiff filed the Complaint on September 3, 2019. Plaintiff alleges the following facts. This matter involves contractual and construction defect related claims arising from a multi- family developmen...
2023.04.25 Demurrer to SAC 437
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2023.04.25
Excerpt: ... part, and overruled, in part Star View Behavioral Health, Inc. and South Bay High School, Inc.'s Demurrer to Second Amended Complaint is sustained without leave to amend. Star View Children and Family Services, Inc.'s Demurrer to Second Amended Complaint is overruled. Background Plaintiffs filed the Complaint on May 10, 2019. Plaintiffs' First Amended Complaint was filed on November 22, 2022. Plaintiffs allege the following facts. On or about Ju...
2023.04.21 Demurrer, Motion to Quash Service of Summons and Complaint 277
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2023.04.21
Excerpt: ...mons and Complaint TENTATIVE RULING Teamsters Western Region & Local 177 Health Care Plan's Demurrer to Complaint is overruled. Blue Cross and Blue Shield of Arizona, Inc.'s Demurrer to Complaint is overruled. Blue Cross and Blue Shield of Arizona, Inc.'s Motion to Quash Service of Summons and Complaint is denied. Background Plaintiff filed its Complaint on April 11, 2022. Plaintiff alleges the following facts. Plaintiff is an out-of-network medi...
2023.04.21 Demurrer, Motion to Consolidate 497
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2023.04.21
Excerpt: ...days leave to amend, in part Paulette Meader's Motion to Consolidate is denied without prejudice. Background Plaintiff filed the Complaint on June 21, 2022. Plaintiff alleges the following facts. This action arises from the recordation of the notice of default and notice of trustee's sale and resulting trustee's sale of Plaintiffs former real property located at 2705 145th St., Gardena, CA 90249. Plaintiff alleges multiple violations of the Homeo...
2023.04.20 Demurrer to FAC 893
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2023.04.20
Excerpt: ... overruled, in part, and sustained without leave to amend, in part. Journey Group Limited's Demurrer to First Amended Complaint is overruled, in part, and sustained with 20 days leave to amend, in part. Background Plaintiff filed the Complaint on November 2, 2021, and the First Amended Complaint was filed on October 12, 2022. Plaintiff alleges the following facts. Plaintiff made and delivered meals to Defendant Air Fayre CA Inc. to be provided to...
2023.04.19 Motion for Summary Judgment 883
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2023.04.19
Excerpt: ...tion for Summary Judgment is denied. Background Plaintiff filed its Complaint on October 4, 2019. Plaintiff alleged the following facts: Defendants have maintained a washer/dryer in their unit in violation of the governing documents. Plaintiff alleged the following causes of action: 1. Breach of Equitable Servitudes; 2. Abate a Nuisance; 3. Trespass; 4. Declaratory Relief; 5. Unjust Enrichment. On December 3, 2019, Defendant Kelly Charles filed a...
2023.04.18 Application for Writ of Possession 149
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2023.04.18
Excerpt: ...LING Financial Services Vehicle Trust, et al.'s Application for Writ of Possession is granted pursuant to Code of Civil Procedure § 512.040(b). Background Plaintiff filed its Complaint on September 19, 2022. Plaintiff alleges the following facts. Defendant Jaimee Choe breached the motor lease agreement which Defendants entered with Plaintiff's assignor. Defendant Skyline Nationwide Leasing, Inc. is wrongfully retaining possession of the vehicle....
2023.04.17 Demurrer to SAA 796
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2023.04.17
Excerpt: ...18. Plaintiff is the owner of real property located at 605 South Prospect Avenue, Unit 307, Redondo Beach, CA 90277. Her unit is part of a condominium development managed and maintained by Defendant Brookside Village Homeowners Association, Inc. (“HOA”), in accordance with a Declaration of Establishment of Conditions, Covenants and Restrictions (“CC&Rs”). Plaintiff alleges that Defendant improperly maintained the common areas, as well as ...
2023.04.17 Motion for Stay of Proceedings 629
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2023.04.17
Excerpt: ...cts. Defendant sexually battered Plaintiff when she was a minor. Plaintiff alleges causes of action for: 1. Sexual Assault; 2. Sexual Battery; 3. IIED. Motion for Stay Pursuant to CCP § 128 and through its equitable power, the trial court has broad authority to stay actions in the interests of justice and to promote judicial efficiency. See, Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489. The Court has the discretion to “es...
2023.04.12 Motion to Compel Deposition of PMK, for Monetary Sanctions 314
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2023.04.12
Excerpt: ...itions and Request for Monetary Sanctions TENTATIVE RULING Del Amo Fashion Center Operating Company, LLC's Motion for an Order Compelling Defendant, Slater Torrance, LLC's Person Most Knowledgeable, Bob Yari, Alex Yari, and Sarah Bennett to Appear for Their Depositions and Request for Monetary Sanctions is granted. Background Plaintiff filed the Complaint on April 28, 2022. Plaintiff alleges a sole cause of action for Unlawful Detainer. Plaintiff...
2023.04.11 Demurrer to FAC 714
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2023.04.11
Excerpt: ...Amended Complaint was filed on December 15, 2022. Plaintiff alleges the following facts. In the original Complaint, Plaintiff alleged that Defendant purchased real property at a Trustee's sale with knowledge that the sale was being conducted by a suspended corporation, and, thus improper. With the First Amended Complaint, Plaintiff has alleged no facts against this Defendant. Instead, Plaintiff simply generally concludes that the Defendant commit...
2023.04.06 Motion to Compel Inspection Report of Independent Medical Examiner, to Quash Subpoenas 420
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2023.04.06
Excerpt: ...Tamara Bard's Motion to Quash Defendants Deposition Subpoena to Hicham Slout•y, M.D. TENTATIVE RULING Tamara Bard's Motion to Compel the Inspection Report of Independent Medical Examiner Caty Albertstone, M.D„ Motion to Quash Defendant's Overbroad Subpoena to Anthem for "Any and All" Medical and Insurance Records, and Motion to Quash Defendant's Deposition Subpoena to Hicham Siouty, M.D. are denied. Background Plamtiff filed her Complaint on ...
2023.04.05 Motion for Summary Judgment, Adjudication 601
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2023.04.05
Excerpt: ...tive, Summary Adjudication is denied. Background Plaintiffs filed their Complaint on August 25, 2020. Plaintiffs' First Amended Complaint was filed on May 3, 2021. Plaintiffs allege the following facts. On February 14, 2019, a pipe burst in Plaintiffs' home. Defendant failed to inspect the property and failed to conduct a reasonable claims investigation. Ultimately, Defendant decided not to cover the damages stating that the claim was excluded ba...
2023.03.13 Motion for Summary Adjudication 670
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2023.03.13
Excerpt: ...ance Company's Motion to Continue Trial TENTATIVE RULING USAA Casualty Insurance Company's Motion for Summary Adjudication is denied. USAA Casualty Insurance Company's Motion to Continue Trial is denied. However, the Court on its own motion continues the trial date. Background Plaintiffs filed their Complaint on August 1, 2019. Plaintiffs allege the following facts. Plaintiffs suffered a drain leak and water damage on real property owned by them ...
2023.03.13 Motion for Attorney Fees 376
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2023.03.13
Excerpt: .... The action stems from the construction and replacement of a fence on the property line located between 721 30th Street, Hermosa Beach, CA 90254 (“Plaintiff's Property”) and 723 30th Street, Hermosa Beach, CA 90254 (“Defendants' Property”). Plaintiff alleges that Defendants trespassed on his property, created a nuisance, and interfered with Plaintiff's contractual relations on the construction of Plaintiff's house. Plaintiff alleges the ...
2023.03.09 Motion to Stay Entire Action, to Compel Arbitration and Stay Action 200
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2023.03.09
Excerpt: ...Stay Entire Action is moot, in part, and denied, in part. Ford Motor Company and Airport Marina Ford's Motion to Compel Arbitration and to Stay Action is denied. Background Plaintiff filed the Complaint on November 10, 2022. Plaintiff alleges the following facts. Plaintiff alleges that her 2020 Ford Explorer suffers from transmission, engine, brake, and electrical defects. Plaintiff sets forth causes of action under the Song-Beverly Act as well a...
2023.03.08 Petition to Confirm Arbitration Award 295
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2023.03.08
Excerpt: ... is continued. Background Petitioner filed the instant petition on August 18, 2022. Petitioner and respondent were parties to two purchase agreements relating to two adjoining parcels or real property. Each party to the arbitration demanded release of the two $25,000.00 deposits to themselves. Petitioner prevailed at arbitration. Petition to Confirm Arbitration Award The procedure by which a prevailing party obtains an enforceable judgment, upon ...
2023.03.08 Motion for New Trial 798
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2023.03.08
Excerpt: ...kground Plaintiffs filed their initial Complaint on January 11, 2017. The First Amended Complaint was filed on March 3, 2017. A Cross-Complaint was filed on May 4, 2017. Plaintiffs filed this lawsuit against Defendants Mike Horusicky Construction, Inc. (“HCI”) and Mike Horusicky personally, alleging each entered into the contract for the construction of the Project. Plaintiffs contend that the pool, spa, waterfall, barbeque area, and deck wer...
2023.03.06 Motion to Amend Judgment 320
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2023.03.06
Excerpt: ...o Amend Judgment is granted. Background Petitioner filed its petition on August 25, 2021. Petitioner alleges the following facts. Respondents breached their obligations pursuant to a written loan agreement. The parties proceeded via arbitration and Petitioner prevailed by obtaining an arbitration award in its favor. Petitioner's petition to confirm arbitration award was granted on March 8, 2022. On March 24, 2022, judgment was entered against Def...
2023.03.06 Motion for Summary Adjudication 152
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2023.03.06
Excerpt: ...Complaint on August 19, 2019. Plaintiffs allege the following facts. Plaintiffs were the lessee of real property. Defendant was the lessor. Defendant failed to properly treat toxic mold inside of the apartment unit leased from Defendant. Defendant failed to take appropriate remedial measures allowing the condition to persist. Plaintiffs allege the following cause of action: 1. Negligence; 2. Premises Liability; 3. Intentional Infliction of Emotio...
2023.03.06 Motion for Relief, Demurrer, Motion to Strike 399
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2023.03.06
Excerpt: ... Complaint TENTATIVE RULING Charles Tsai's Motion for Relief is granted. Charles Tsai's Demurrer to Complaint is overruled. Charles Tsai's Motion to Strike Portions of Complaint is denied. Background Plaintiff's Complaint was filed on May 23, 2022. Plaintiff alleges the following facts. Plaintiff and Defendant own neighboring properties in the Palos Verdes Estates. Defendant refuses to abide by homeowners' association's covenants, conditions, and...

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