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2023.02.09 Motion to Compel Arbitration 559
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.02.09
Excerpt: ...led to carry its burden of proving a valid arbitration agreement. I. BACKGROUND¿ ¿ A. Factual¿ On July 7, 2022, Plaintiff, Rhonda Mims (“Plaintiff”) filed an action against Defendant South Bay Home Care, Inc.'s (“Defendant”) stating causes of action for Violation to California Labor Code § 2698, et seq., including: (1) Failure to pay overtime; (2) Failure to provide meal periods; (3) Failure to provide rest periods; (4) Failure to pay...
2023.02.09 Demurrer to SAC, Motion for Monetary Sanctions 483
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.02.09
Excerpt: ...breach of contract (2) Request for Monetary Sanctions (3) CMC to be conducted ¿ Tentative Rulings: (1) Overruled. Defendant shall Answer within 20 days (2) Sanctions request is denied. (3) The Court will set a trial and FSC dates in early 2024. Counsel should have their calendars ready during the CMC ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On July 6, 2021, Plaintiffs filed their Complaint. On February 22, 2022, Plaintiffs filed the First A...
2023.02.08 Motion to Compel Further Responses 765
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.02.08
Excerpt: ... (1) CONTINUED, Pending several elements of further meeting and conferring the Court intends to order after hearing oral argument ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual Plaintiff served Defendant with Requests for Production, Set Three. This discovery motion consisted of one request, Request No. 111, which requested: Please IDENTIFY and produce all DOCUMENTS submitted by YOU (Hyundai Motor America/HMA) to the National Highway Transportation [...
2023.02.08 Motion to Compel Arbitration 027
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.02.08
Excerpt: ... considerable law and motion activity in these related cases, including extensive briefing and evidence bearing on a motion to disqualify Mr. Menke and his firm as trial counsel, Mr. Wu's motion for leave to file a Cross-Complaint arising out of his sale of shares in Bergamon, pending discovery motions, and the joint motion of Bergamon, Liew, Hsu and Jiang to compel arbitration of Wu's cross-complaint based on the arbitration clause in the Stock ...
2023.02.08 Motion for Summary Judgment, Adjudication 246
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.02.08
Excerpt: ...dication ¿ Tentative Rulings: (1) GRANT Summary Judgment I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On April 1, 2021, Tess Hernandez, a minor by and through her Guardian ad Litem, Brittney Lopez (“Plaintiff”) filed a complaint against Shereen Beverly, M.D.; Shreen Beverly, M/D/, Inc., and Providence Little Company of Mary Medical Center for causes of action for Medical Malpractice and Vicarious Liability. The complaint alleges that Britney L...
2023.02.07 Motion to Set Aside or Vacate Entry of Defaults 128
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.02.07
Excerpt: ...¿ ¿¿ A. Factual¿¿ Plaintiff filed his original Complaint on February 18, 2022 and listed Dasho II, LLC as a Defendant and a subject property located at 8525 S Sepulveda Blvd., Los Angeles, CA 90045. Defendants Susana Kechedzian and Trendsetters Plus Inc. assert that they have no relation to Dasho II, LLC or to the aforementioned subject property. Defendants assert that this confusion began as a result of this mistake made by the Plaintiff hi...
2023.02.07 Demurrer to FAC, Motion to Strike 070
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.02.07
Excerpt: ...ce ¿ Tentative Rulings: (1) Sustained, with leave to amend the Contract claim only (2) Granted (3) Rulings on each Request are in the body of this Tentative ¿¿ Overview: Plaintiff's lawsuit, now on its amended complaint, essentially seeks monetary damages from the City for a lengthy delay in processing applications for a business license. Many, if not most- public agencies around the country have faced delays in everything from construction pe...
2023.02.07 Demurrer to FAC 563
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.02.07
Excerpt: ...sue with all parties defendant served by the March 16, 2023 date of the CMC. I. BACKGROUND A. Factual On July 8, 2022, Plaintiff, Ocean Recovery, LLC (“Plaintiff”) filed a complaint against Sullivan Curtis Monroe Insurance Services, LLC, and Scottsdale Indemnity Company (collectively “Defendants”). On July 13, 2022, Plaintiff filed an amended complaint. The complaint alleges a cause of action for breach of contract. Although the contract ...
2023.02.06 Motion to Deem RFAs Admitted 918
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.02.06
Excerpt: ...aint Tentative Rulings: (1) DENIED, in light of very recent service of responses to the RFAs. (2) GRANTED, monetary sanctions int eh amount of $350 are ordered payable by Plaintiffs and/or their counsel within 30 days (3) OFF CALENDAR as there is no Second Amended Complaint to Demur to I. BACKGROUND¿ ¿ A. Factual¿ On December 10, 2020, Plaintiffs Juan Ramirez and Alondra Ramirez brought this action against Defendants Get Lucky Capital, LLC (�...
2023.02.02 Demurrer to FAC, Motion to Strike 362
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.02.02
Excerpt: ...parate Property Trust dated September 13, 2010 TRIAL DATE: None set MOTION: (1) Demurrer to First Amended Complaint (2) Motion to Strike Meet and Confer Declaration of Ms. Amboss Tentative Rulings: (1) Defendants' Demurrer is OVERRULED. (2) Motion to Strike the Amboss Declaration is DENIED, but is not considered by the Court for the 2/2/23 hearing as it clearly is in reference to a discovery dispute, not the Demurrer I. BACKGROUND A. Factual On M...
2023.02.02 Demurrer to FAC, Motion to Strike 087
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.02.02
Excerpt: ...1) Defendant's Demurrer is OVERRULED in part and SUSTAINED in part. (2) Defendant's Motion to Strike is GRANTED in part and DENIED in part. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On August 7, 2019, Plaintiff first filed a complaint in this case. On June 7, 2022, Plaintiff, Jessica Zazueta (“Plaintiff”) filed her First Amended Complaint (“FAC”) against Defendants, Wyndham Worldwide Corporation; Wyndham Destinations, Inc.; Wingate by...
2023.02.01 Application to Continue Trial 631
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.02.01
Excerpt: ...ial to 9/5/23, 9/25/23, or 1/8/24, but deny the request to extend all discovery and motion dates. Discuss what discovery remains that has not been propounded, and discuss scheduling the deposition of Plaintiffs whether in Texas of California¿ I. BACKGROUND¿¿¿ A. Factual¿¿¿ This action is an individual action for wages unpaid to the resident managers of a motel complex owned by Avadesh Bhagat. Defendants contend that Plaintiffs are owed not...
2023.02.01 Motion for Leave to File SAC 519
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.02.01
Excerpt: ...ve Damages ¿ Tentative Rulings: (1) Plaintiff's Motion for Leave of Court to File Second Amended Complaint for Punitive Damages is DENIED. ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On September 10, 2021, plaintiff Tony Talbert filed a complaint. The operative pleading is the First Amended Complaint and asserts causes of action for (1) dental malpractice, (2) lack of informed consent, (3) battery, (4) intentional misrepresentat...
2023.01.27 Motion for Terminating Sanctions 073
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.01.27
Excerpt: ... further responses to the subject discovery Discussion On October 26, 2022, this Court issued a minute order requiring Defendant to provide substantive, verified responses to all four sets of discovery that are the subject of these motions, and to produce responsive documents identified in those responses, no later than November 28, 2022. Plaintiff asserts that Defendant did not comply with the Court's order. Instead, Plaintiff asserts that on No...
2023.01.26 Motion for Summary Judgment, Adjudication 671
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.01.26
Excerpt: ...re-brief the case in compliance with the page limits required by the Rules of Court, (b) Defendant will re-submit objections that comply with CRC 3.1454(b), and (c) Plaintiff satisfies the Court that evidence exists to support an opposition but further discovery is needed to present such evidence per CCP § 437c(h). The Trial would also need to be continued. Counsel should have their calendars ready to discuss these matters I. BACKGROUND¿¿ ¿¿...
2023.01.26 Motion for Leave to File FAP 203
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.01.26
Excerpt: ...n for Leave to File First Amended Petition ¿¿ Tentative Rulings: (1) GRANT ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ This is a traditional writ of mandamus action challenges the City of Redondo Beach's (“Respondent”) recent update to the “housing element” portion of its general plan. The action was brough pursuant to Government Code 65751, et seq. Among other things, the Verified Petition for Writ of Mandate (“Petit...
2023.01.24 Demurrer, Motion for Judgment on the Pleadings 589
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.01.24
Excerpt: ...rgical Institute (2) Plaintiff, R&R Surgical Institute ¿¿ TRIAL DATE: Not Set ¿¿ MOTION:¿ (1) Demurrer (2) Demurrer Tentative Rulings: (1) Defendant Anthem's Demurrer is SUSTAINED with 20 days leave to amend (2) Defendant Premera's Demurrer is SUSTAINED with 20 days leave to amend I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ This action arises out of breach of contract cases. Plaintiff, R&R Surgical Institute filed a complaint against Defendan...
2023.01.20 Motion to Compel Further Responses 559
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.01.20
Excerpt: ...ies, Set One, Nos. 22- 30 (3) Motion to Compel Further Responses to Requests for Production of Documents, Set One, Nos. 66-76. (4) Monetary Sanctions Tentative Rulings: (1) Motion to Compel Further Responses as to Form Interrogatories, Set One, No. 3.6 is DENIED, without prejudice to it being pursued either in arbitration is the case is ordered to arbitration, or in the litigated case if the future hearing on the pending arbitration motion is den...
2023.01.19 Motion to Compel Compliance with Subpoena Duces Tecum 682
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.01.19
Excerpt: ...na Duces Tecum issued on July 28, 2022 ¿ ¿ Tentative Rulings: (1) Assuming the Court is satisfied with Rack Us Up's efforts to resolve this informally with Lithographix, and that moving party can satisfy the Court that “Stephanie” was authorized to accept service by e-mail, the Motion would be GRANTED. ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On May 24, 2017, Plaintiff Donald Green (“Plaintiff”) was working on a stand-up ...
2023.01.19 Motion to Compel Arbitration 027
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.01.19
Excerpt: ...ion Pending Completion of the Arbitration of Wu's Cross-Complaint Tentative Ruling: (1) Motion to Compel Arbitration is DENIED, without prejudice. The Court has no evidence that the mediation pre-condition to arbitration per the Stock Repurchase Agreement has been satisfied, and there are ambiguities and conflicting language in the Dispute Resolution provisions as to which the moving party has not met its burden of proof (2) Request for Stay was ...
2023.01.18 Motion for Summary Judgment, Adjudication 217
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.01.18
Excerpt: ...ion ¿ ¿ Tentative Rulings: (1) Summary Adjudication GRANTED as to the first and second causes of action, Denied as to the third and fourth. The Court suggests an alternative resolution for the parties to consider in the Conclusion paragraph of this Tentative Ruling I. BACKGROUND¿¿ A. Factual¿¿ ¿ On March 24, 2022, Plaintiff Financial Services Vehicle Trust, by and through its servicer, BMW Financial Services, NA (“Plaintiff”) filed thi...
2023.01.17 Motion to Compel Arbitration 418
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.01.17
Excerpt: ... ARGUED. While the Court is constrained by Felisilda, the evidence submitted by Plaintiff suggests that FCA might be estopped from asserting entitlement to arbitrate if FCA declined to establish or continue giving California customers the option to arbitrate lemon claims (2) Mooted if the Court grants the arbitration motion ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ This is a lemon law action brought by Plaintiff, Melanie (“Plaintiff”) aga...
2023.01.17 Motion for Issuance of Writ of Execution, for Further Monetary Sanctions 401
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.01.17
Excerpt: ...bey Court's Order Dated July 15, 2022. (2) Defense request for continuance pending resolution of arithmetic errors in the sanctison amount ¿ TENTATIVE RULINGS: (1) The Writ of Execution is GRANTED. Plaintiff's Motion for further monetary sanctions against Defendants is denied without prejudice to it being re-filed once collection of the sanctions has been achieved, since those efforts may involve additional attorneys' fees which may well be awar...
2023.01.13 Motion to Strike 033
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.01.13
Excerpt: ...laintiff Iisha Byas' mother, Ceylon Byas, was an employee of Defendant Property Management Associates, Inc. as an onsite property manager. The property was owned by Defendant Three Rainbows, LLC. Ceylon Byas was allegedly physically attacked by Defendant Sarah Bruce, a tenant at the property. As a result of this attack, Ceylon Byas died. On March 29, 2022, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action for: (1) Ne...
2023.01.13 Motion to Compel Compliance with Demand for Inspection of Real Property, for Monetary Sanctions 302
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.01.13
Excerpt: ...lity Company; Mohammad Abdelnaser, R.N., an individual; and DOES 1 through 20 ¿¿ TRIAL DATE: June 5, 2023 ¿ ¿¿ MOTION:¿ (1) Motion to Compel Defendant Prime Healthcare Centinela, LLC to Comply with Plaintiff's Demand for Inspection of Real Property (2) Monetary sanctions ¿ Tentative Rulings: (1) GRANTED in part, with time, place, and manner restrictions as detailed below (2) Monetary sanctions are denied. The was substantial justification ...

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