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2024.01.25 Motion to Continue Trial 625
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.25
Excerpt: ...on, and expert deadlines correspondingly re-scheduled to be based on the new trial date I. BACKGROUND A. Factual This action involves an in pro per defendant. Plaintiffs are investors in various businesses allegedly established by Defendant, Michael Ball (“Defendant”) memorialized in written contracts. Plaintiffs allege that at Defendant's instance, Plaintiffs were induced to appoint him as manager of the investments upon an agreement to prov...
2024.01.25 Motion to Compel Arbitration 999
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.25
Excerpt: ...n June 23, 2023, Plaintiff, Omid Nejati (“Plaintiff”) filed a Complaint against Defendant, Tesla Motors, Inc., and DOES 1 through 10. The Complaint alleges causes of action for” (1) Violation of Civil Code § 1793.2(d); (2) Violation of Civil Code § 1793.2(b); (3) Violation of Civil Code § 1793.2(a)(3); (4) Breach of Express Written Warranty – Civil Code § 1791.2 (a), Section 1794; and (5) Breach of the Implied Warranty of Merchantabil...
2024.01.25 Motion to Compel Arbitration 925
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.25
Excerpt: ... law of Delaware in their moving or opposing papers. Further, the arbitration provision includes a mediation provision before submitting the dispute to arbitration, and while it is clear from the opposition that there is a dispute as to whether the employment dispute must be arbitrated there is no evidence of any effort to first mediate. In addition, Plaintiff's opposing declaration and exhibit raise the specter of a dispute over the very validit...
2024.01.25 Demurrer, Motion to Strike 632
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.25
Excerpt: ...On March 3, 2023, Plaintiff, Shanika Pope (“Plaintiff”) filed this action against Defendant, General Motors, LLC (“Defendant”), and DOES 1 through 10. On June 16, 2023, Plaintiff filed a First Amended Complaint (“FAC”), as to which GM demurred resulting in leave to amend. On November 8, 2023, Plaintiff filed a Second Amended Complaint (“SAC”) alleging causes of action for: (1) Violation of Civil Code § 1793.2(d); (2) Violation of...
2024.01.25 Demurrer 116
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.25
Excerpt: ...eptember 20, 2023, Plaintiff, Jose Diaz (“Plaintiff”) filed a Complaint against Defendants, Wilmington Avenue Vested Enterprises LLC; Vanitas Manufacturing, Inc., and DOES 1 through 100. On October 31, 2023, Plaintiff DOE'd in Defendant, 16539 South Main Street LLC. On December 11, 2023, Plaintiff DOE'd in Defendant, Alliance Guard Services, Inc. The Complaint alleges causes of action for: (1) Negligence; (2) Assault and Battery; and (3) Prem...
2024.01.24 Motion for Summary Adjudication 901
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.24
Excerpt: .... Factual On October 2, 2022, Plaintiffs Benjamin R. Murti and Ashika Devi (collectively, “Plaintiffs”) filed this action against THOR Motor Coach, Giant RV Colton, and DOES 1 through 10. The Complaint alleges a cause of action based on violation of Song-Beverly Consumer Warranty Act. On June 12, 2023, Plaintiffs filed their First Amended Complaint (“FAC”) alleging causes of action for: (1) Violation of Song-Beverly Consumer Warranty Act;...
2024.01.23 Motion to Compel Further Responses 649
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.23
Excerpt: ...ey definitions in the subject RFP are objectionably vague and ambiguous, and the burden to a company as large as GM conducting a company-wide ESI search appears to outweigh the discoverability for some if not most of what is being sought. The ruling is without prejudice to further discovery requests, such as documents evidencing the failure rate of oil filters in model year 2023 Cadillac Escalades sold or leased in California, or documents consti...
2024.01.22 Motion for Contempt, for Sanctions 610
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.22
Excerpt: ...ive Rulings: (1) DENY Motion for Order RE: Contempt, but GRANT evidentiary sanctions as against Plaintiffs. Plaintiffs are to be barred from offering evidence or argument that any claimed defects in the subject vehicle have not been successfully remedied. The Court also GRANTS Defendant monetary sanctions as against Plaintiffs in the amount of $2,000. I. BACKGROUND A. Factual On August 28, 2020, Plaintiff, Earl Brown and Shonte Powers (collective...
2024.01.19 Motion to Tax Costs 545
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.19
Excerpt: ... included in Cost Bill item 11 (Court reporter fees of $35,283.00). GRANTED as to item 16 (Other in the amount of $6,223.81) until and unless plaintiffs' counsel can direct the Court to the specific items included in the over 80-page attachment to the Cost Bill that plaintiffs claim should be awarded I. BACKGROUND¿¿ ¿¿ On January 8, 2024, this Court continued the hearing on this motion to allow declarations to be filed on behalf of defense co...
2024.01.19 Motion for Judgment on the Pleadings 580
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.19
Excerpt: ...te of limitations grounds as to the 4 th and 5 th causes of action under 28 U.S.C. § 1983 because the Court finds Code of Civil Procedure § 335.1 provides the borrowed statute of limitations for Section 1983 actions and this 60-year-old federal civil rights claims are barred under the two-year statute of limitations in section 335.1. I. BACKGROUND A. Factual On December 23, 2022, Plaintiff, M.B. (“Plaintiff”) filed a Complaint against Defen...
2024.01.19 Demurrer 924
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.19
Excerpt: ...ROUND A. Factual On October 11, 2022, Plaintiff, Milagros filed a Complaint against Defendants Xavier Flores and Dana Jenkins (collectively “Defendants”). The Complaint alleges causes of action for: (1) Motor Vehicle Negligence; and (2) General Negligence. Defendants filed a Demurrer to the Plaintiff's Complaint. B. Procedural On September 25, 2023, Defendants filed this demurrer. To date, no opposition has been filed. On December 1, 2023, th...
2024.01.17 Motion to Compel Responses, for Sanctions 732
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.17
Excerpt: ... Request for Sanctions Tentative Rulings: (1) Plaintiffs' Motion to Compel Defendant's Responses to Form Interrogatories, Set One is GRANTED as to Form interrogatories 6.1 and 6.2 in part and DENIED in part. The other 6-series form interrogatories were not requested by Plaintiff of Defendant (2) Plaintiffs' Request for Sanctions is DENIED (3) Defendant's Request for Sanctions is DENIED I. BACKGROUND¿ ¿ A. Factual¿ On May 13, 2023, Plaintiffs, ...
2024.01.16 Motion to Compel Arbitration 667
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.16
Excerpt: ...ainst Defendant, Tesla Motors, Inc., and DOES 1 through 10. The Complaint alleges causes of action for” (1) Violation of Civil Code § 1793.2(d); (2) Violation of Civil Code § 1793.2(b); (3) Violation of Civil Code § 1793.2(a)(3); (4) Breach of Express Written Warranty – Civil Code § 1791.2 (a), Section 1794; and (5) Breach of the Implied Warranty of Merchantability – Civil Code § 1791.1, Section 1794. The Complaint is based on a Novemb...
2024.01.12 Motion to Compel Responses, to Deem RFAs Admitted, for Sanctions 111
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.12
Excerpt: ...nt, Farzin Rousta to respond to Requests for Production of Documents (3) Motion to Deem Requests for Admission as Admitted against Defendant Farzin Rousta aka Fred Rousta (4) Request for Sanctions Tentative Rulings: (1), (2), (3) The substantive motions are largely MOOTED by Defendant's attachment to its Opposition the verified answers to interrogatories and admission or denials of the subject RFAs. The Court orders Defendant to properly serve or...
2024.01.11 Motion to Compel Answers, to Deem RFAs Admitted 634
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.11
Excerpt: ...o Compel Defendant, South Coast Botanic Garden Foundation, Inc. to Answer, Without Objection, Plaintiff's Discovery Requests and Deem Plaintiff's Requests for Admission Admitted. (2) Motion to Compel Defendant, County of Los Angeles to Answer, Without Objection, Plaintiff's Discovery Requests (3) Request for Sanctions Tentative Rulings: (1) Mooted, but to pre-empt an expected motion to compel FURTHER responses, the Court will issue an advisory ru...
2024.01.11 Motion for Summary Judgment, Adjudication 236
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.11
Excerpt: ...ed as to the malpractice cause of action but MSA granted as to the concealment, fraud, and Elder Abuse causes of action I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On May 14, 2021, Plaintiff, Homa Deris (“Plaintiff”) filed a Complaint against Defendants, Byron Kim, DDS, Rojin Erfan, DDS, Walter Jefferson, DDS, Walter Jefferson Dental Corporation dba PCH Smiles Dentistry and Orthodontics, Kevin Choi, DDS, Bardi-Nugent Dental Corporation dba Roo...
2024.01.10 Motion to Strike 449
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.10
Excerpt: ...utler ¿¿ TRIAL DATE: None Set. ¿¿ MOTION:¿ (1) Motion to Strike ¿ Tentative Rulings: (1) GRANTED. ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On December 8, 2022, Plaintiff, Sandra Butler (“Plaintiff”) filed a Complaint against Defendants, Hollywood Park Management, LLC, Hollywood Park Management Company II, LLC, Stadco LA, LLC, Stadco LA Manager, LLC, Pincay Re, LLC, Pincay Re Member LLC, APEX Security Group, Inc., and DOES 1 through 5...
2024.01.09 Motion to Set Aside Dismissal 906
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.09
Excerpt: ...Dept. IW-8. I. BACKGROUND A. Factual On October 10, 2022, Plaintiff, Oleg Sverdlov (“Plaintiff”) filed a Complaint against Defendants, Stelle Corporation and Parry Dennis, and DOES 1 through 20. The Complaint alleges a cause of action for: (1) Motor Vehicle Negligence. On August 8, 2023, counsel for Plaintiff filed a Request for Dismissal of the action with prejudice. However, Plaintiff's counsel notes that in August 2023, he settled an unrel...
2024.01.09 Demurrer 033
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.09
Excerpt: ...tomobile Preservation Entity TRIAL DATE: Not Set MOTION: (1) Demurrer Tentative Rulings: (1) SUSTAINED with 20 days leave to amend to allege purported parol evidence supporting Plaintiff's claimed interpretation of what appears to the Court to be an unambiguous contract provision. I. BACKGROUND A. Factual On September 13, 2023, Plaintiffs, Automobile Driving Museum and Historic Automobile (“Plaintiffs”) filed a Complaint against Defendants, T...
2024.01.08 Motion to Tax Costs 545
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.08
Excerpt: ...o the hearing will need to be continued to enable counsel to meet and confer on the item-by-item summaries of the Veritext charges I. BACKGROUND A. Factual On August 16, 2023, the jury in this case reached a decision to award Plaintiffs a total of $843,023.25 (before reduction for decedent's negligence) against Defendant, Prime Pan Pacific Co. (“Prime”). On August 30, 2023, Plaintiff filed and served a memorandum of costs in the total amount ...
2024.01.08 Motion to Compel Further Responses, for Sanctions 338
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.08
Excerpt: ...mpel Further Responses from Plaintiff to Respond to Special Interrogatories, Set One (3) Motion to Compel Further Responses from Plaintiff to Respond to Request for Production of Documents, Set One (4) Request for Sanctions Tentative Rulings: (1), (2), (3) Motions to Compel Further Responses are MOOTED by the service of supplemental verified responses while the motions were pending, starting a new 45-day clock (4) Request for Sanctions is GRANTED...
2024.01.05 Motion to Declare Vexatious Litigant 538
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.05
Excerpt: ...intiff a Vexatious Litigant Tentative Rulings: (1) ARGUE. Does Mr. Tucker meet the statutory definition of a vexatious litigant when the litigation (Case #3) has not been finally determined against him, and when the three different judges who denied his TRO applications in Cases #4, 5, and 6 did not reach the merits? I. BACKGROUND A. Factual B. Procedural On November 8, 2023, Defendant PNC Bank, N.A. filed a Motion for Order Declaring Plaintiff a...
2024.01.05 Motion to Compel Arbitration 025
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.05
Excerpt: ... Insurance should also be ordered into arbitration I. BACKGROUND A. Factual On April 4, 2023, Plaintiff, American Ironworks Manufacturing, Inc. (“Plaintiff”) filed a Complaint against Defendant, Inglewood Market Gateway LLC, ST Market D3, LLC, MW Residential SoCal Corp., and DOES 1 through 150. The Complaint alleges causes of action for: (1) Breach of Contract; (2) Enforcement of Mechanics Lien; (3) Common Counts; and (4) Lien Release Bond. D...
2024.01.05 Motion for Leave to File SAC 362
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.05
Excerpt: ...a, as successor trustee to Amend and Restatement of the Jan Kumar Agarwala Separate Property Trust dated September 13, 2021 (“Plaintiff”) filed a complaint against Darlene Agarwala, an individual, Pronita Ann Agarwala, an individual, Sabina Agarwala Miro, an individual, Stephen Miro, an individual, Christopher Miro, an individual, Gregory Mollner, an individual, Pronita Ann Agarwala and Sabina Agarwala Miro as trustees of the 2010 Darlene Aga...
2024.01.05 Demurrer, Motion to Strike 881
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.05
Excerpt: ...IAL DATE: Not Set. ¿¿ MOTION:¿ (1) Defendant, Beach Front Property Management, Inc., aka Beach PPTY MGMT's Demurrer¿ (2) Defendant, Beach Front Property Management, Inc., aka Beach PPTY MGMT's Motion to Strike (3) Defendant, Extended Stay America, Inc.'s Demurrer (4) Defendant, Extended Stay America, Inc.'s Motion to Strike ¿ Tentative Rulings: (1) Defendant, Beach Front Property Management, Inc., aka Beach PPTY MGMT's Demurrer¿is OVERRULED...
2024.01.04 Motion to Bifurcate 682
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.04
Excerpt: ...onald Green (“Plaintiff”) was working on a stand-up forklift at his place of employment at Lithographix, Inc. (“Lithographix”) when he allegedly lost control of the stand-up forklift, colliding into a nearby empty storage rack system. The rack allegedly penetrated the operator compartment, pinning the Plaintiff between the operator compartment of the stand-up forklift and a horizontal bar that was part of a shelf on the storage rack syste...
2024.01.04 Motion to Set Aside Default 892
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.04
Excerpt: ...UND A. Factual On December 9, 2021, Plaintiff, Risingstar AR, Inc. (“Plaintiff”) filed a Complaint against Defendant, Samuel Salisbury, and DOES 1 through 40. The Complaint alleges causes of action for: (1) Theft; (2) Conversion; (3) Breach of Contract; and (4) Aiding and Abetting. Defendant notes that on April 19, 2023, after many discussions of settlement, but no actual writing, Plaintiff's counsel filed a request for entry of default. Defe...
2024.01.02 Motion to Enforce Subpoena of Business Records, for Sanctions 525
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.02
Excerpt: ...nt Ultracor, Inc. Served on Third-Party Witness JP Morgan (2) Motion to of Sikder Holdings International, Inc. for an Order Compelling Defendant Marsha Na Nongkhai's Appearance at Deposition and Production of Documents (3) Request for Sanctions Tentative Rulings: (1) Motion to Enforce Subpoena of Business Records of Defendant Ultracor, Inc. Served on Third-Party Witness JP Morgan is GRANTED, over the unproven objection by Ms. Nongkai (2) Motion t...
2024.01.02 Motion for Leave to File TAC 947
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.02
Excerpt: ...ended Complaint ¿ Tentative Rulings: (1) DENIED ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On December 22, 2020, Plaintiff, Chantal Kairouz (“Plaintiff”) filed a Complaint against Defendant, Maison Chicken, Inc., a California Corporation, and DOES 1 through 30. On August 19, 2021, Plaintiff filed a First Amended Complaint (“FAC”). On May 9, 2022, Plaintiff filed a Second Amended Complaint (“SAC”) against Defendants,...
2024.01.02 Demurrer, Special Motion to Strike 381
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.02
Excerpt: ...) MOOTED by the sustaining of the Demurrer I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On October 17, 2023, Plaintiff, Vivienne Halston (“Plaintiff”) filed a Complaint against Defendant, Victor Ortiz, Ashish Lal, and Esa Management, LLC. The Complaint alleges causes of action for: (1) Breach of Contract; (2) Fraud; and (3) General Negligence. Defendant, Victor Ortiz now files a Demurrer and Anti-SLAPP motion to strike. ¿ B. Procedural¿¿ ¿ On...
2024.01.02 Demurrer 555
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.02
Excerpt: ...eave to amend ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On December 22, 2023, Plaintiff, Ingrid Majorie Lockwood (“Plaintiff”), filed a Complaint against Defendants, City of Gardena, GTrans, LLC, and DOES 1 through 50. On March 20, 2023, Plaintiff filed a First Amended Complaint. On July 17, 2023, Plaintiff filed a Second Amended Complaint (“SAC”). The Court sustained previous demurrers to prior versions of the Complaint, and gave Plain...
2024.01.02 Motion to Set Aside Court Order 380
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.02
Excerpt: ...UND¿¿ ¿¿ A. Factual¿¿ On December 2, 2022, Plaintiffs, Cory Lee and Dyniesha Curtis (collectively “Plaintiffs”) filed a complaint against Kai T. Tsukiyama, Junko T. Tsukiyama, Trustee of The Mirai Trust, Mirai Trust, Arnold L. Graff, Wright, Finlay, & Zak, LLP, and DOES 1 through 100. The complaint alleges causes of action for: (1) Breach of Implied Covenant of Quiet Use and Enjoyment; (2) Negligent Violation of Statutory Duty; (3) Inte...
2023.12.20 Motion to Compel Arbitration 051
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.12.20
Excerpt: ...tiff, Palos Verdes Bay Club Inc. (“Plaintiff”) filed a Complaint against Defendants, Construction Service Group Inc. dba Hunt Bros Roofing, Bradley Hunt, National Roofing Consultants, Inc., and DOES 1 through 25. On May 12, 2023, Plaintiff filed a First Amended Complaint. On July 6, 2021, Plaintiff filed a Second Amended Complaint alleging causes of action for: (1) Negligence; and (2) Breach of Implied Warranties. Defendant, Regen America, In...
2023.12.20 Motion for Summary Judgment 593
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.12.20
Excerpt: ... Rulings: (1) DENIED. (2) Discuss possible stipulation as the Court notes the requested continuance if for a substantial period of time I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On April 1, 2021, Plaintiffs, Grace Gangapersaud, Ryan Persaud, Sharita Persaud, Lavendranauth Persaud, Jamwantee Sukhu, and Neelomie Cooper (“Plaintiffs”) filed a Complaint against Defendants, Robinson Helicopter Company, Inc., Lycoming Engines, an operating divisio...
2023.12.20 Demurrer, Motion to Strike 900
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.12.20
Excerpt: ...ncing, LLC TRIAL DATE: Not Set. ¿¿¿ MOTION:¿ (1) Cross-Defendant, Kara Imbriani's Demurrer (2) Cross-Defendant, Kara Imbriani's Motion to Strike (3) Defendants, Lloyd Joseph Collins, Repossession Empire, Inc. dba Legion Demurrer (4) Defendants, Lloyd Joseph Collins, Repossession Empire, Inc. dba Legion Motion to Strike ¿¿ Tentative Rulings: (1) Cross-Defendant, Kara Imbriani's Demurrer is SUSTAINED in part and Overruled in part. (2) Cross-D...
2023.12.19 Application for Writ of Possession 742
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.12.19
Excerpt: ...fendants, Geraldine Brown, Donna Rae Jones aka Donna R. Jones aka Donna Jones, and DOES 1 through 10. The Complaint alleges causes of action for: (1) Claim and Delivery of Personal Property, for pre-trial writ of possession, and order directing transfer of personal property, and restraining order; (2) Money Due on Contract. Plaintiff now files an Application for Writ of Possession. B. Procedural On September 8, 2023, Plaintiff filed a Notice of A...
2023.12.15 Demurrer, Motion to Strike 697
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.12.15
Excerpt: ...TED I. BACKGROUND A. Factual On May 26, 2023, Plaintiff, Lottie Mae Patterson Shumate (“Plaintiff”) filed a Complaint against Defendant General Motors (“GM”) and DOES 1 through 10. On September 12, 2023, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action for: (1) Violation of Civil Code § 1793.2(d); (2) Violation of Civil Code § 1793.2(b); (3) Violation of Civil Code § 1793.2(a)(3); (4) Breach of the Implie...
2023.12.14 Demurrer, Motion to Strike 490
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.12.14
Excerpt: ...urrer is SUSTAINED in part and OVERRULED in part. 20 days' leave to amend is granted (2) Defendants' Motion to Strike is GRANTED, with leave to amend ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On December 14, 2022, Plaintiff, Mohammad Gholikhani (“Plaintiff”) filed a Complaint against Defendants, Tally Ho Apartments, William R. Zappas, as an individual and as trustee of the William R. Zappas Trust. On August 2, 2023, Plaintiff filed a Firs...
2023.12.14 Motion to Compel Responses, to Deem RFAs Admitted, for Sanctions 090
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.12.14
Excerpt: ...nd (3) Motion to Deem Admitted Requests for Admission (4) Request for Sanctions (5) Ex Parte Application to Dismiss ¿ Tentative Rulings: (1) through (4) Mooted in light of (5) (5) Unless Plaintiff appears at the December 14 hearing and provides reasonable grounds for his failure to timely amend, the Court will DISMISS the Bell Defendants, with prejudice, for Plaintiff's failure to amend after the Demurrer to his Complaint was sustained with 30 d...
2023.12.13 Motion to Compel Further Responses 913
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.12.13
Excerpt: ... RFPS 16-21 and 51; GRANTED as to RFP 49 and 50 as limited below ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On March 27, 2023, Plaintiff, Soledad Meza (“Plaintiff”) filed a Complaint against Defendant, General Motors, LLC, and DOES 1 through 10. The Complaint alleges the following causes of action: (1) Violation of Civil Code § 1793.2(d); and (2) Violation of Civil Code § 1793.2(b); (3) Violation of Civil Code § 1793.2(a)...
2023.12.13 Motion to Compel Arbitration 898
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.12.13
Excerpt: ...agreement from the operating agreement, as bearing on the causes of action alleged in this action and whether the employment relationship causes of action were intended by the parties to be arbitrated or not. I. BACKGROUND¿ ¿ A. Factual¿ ¿¿ On June 13, 2023, Plaintiff, Cynthia Moultrie (“Plaintiff”) filed a Complaint against Defendants, Savvy Beauty Academy LLC, Terry Yee, DOES 1 through 10, and DOES 21 through 30. The Complaint alleges ...
2023.12.13 Motion to Quash Deposition Subpoena 732
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.12.13
Excerpt: ...SDT in its stead. Issues to be argued are discussed below. Monetary sanctions are denied I. BACKGROUND¿ ¿ A. Factual¿ On May 13, 2023, Plaintiffs, Andreea Popa and Robert Popa (collectively “Plaintiffs”) filed a Complaint against Defendant, Ian Anthony White, and DOES 1 through 20. The Complaint alleges causes of action for personal injuries, property damage, and punitive damages. The lawsuit arises out of a motor vehicle accident that occ...
2023.12.13 Motion to Compel Further Responses, for Sanctions 380
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.12.13
Excerpt: ...esponses to Form Interrogatories, Nos. 6.4-6.7, 10.1-10.3, 11.2, 12.4, 12.6-12.7, 14.1-14.2, 17.1, and 50.2 (2) Motion for Order Compelling Corey Lee's Responses to Form Interrogatories, Nos 10.1-10.3, 11.2, 12.4, 12.6-12.7, 14.1-14.2, 17.1, and 50.2 (3) Motion for Order Compelling Corey Lee's Further Responses to Special Interrogatories, Nos. 4-6, 8-13, 16, 18, 20-26, 28-30, 32, 39, and 41 (4) Request for Sanctions ¿¿ Tentative Rulings: (1) Gr...
2023.12.13 Motion to Enforce Settlement Agreement 196
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.12.13
Excerpt: ...d damages are stayed through 1/1/24, Defendant shall vacate by 1/1/24 or be subject to the liquidated damages amount per violation, and in reasonable attornevs fees are awarded. . BACKGROUNDé A. Factuali This lawsuit is based on Plaintiffs' alleged suffering years of mistreatment at the hands of their uphill- neighbor in Rolling Hills, Nourit Korzennik, Korzennik's alleged torment of the Nakamuras included, but was not limited to: spitting on Mr...
2023.12.07 Motion to Compel Further Responses, for Sanctions 338
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.12.07
Excerpt: ... Respond to Form Interrogatories, Set One (2) Motion to Compel Further Responses from Plaintiff to Respond to Special Interrogatories, Set One (3) Motion to Compel Further Responses from Plaintiff to Respond to Request for Production of Documents, Set One (4) Request for Sanctions ¿ Tentative Rulings: (1) Motion to Compel Further Responses from Plaintiff to Respond to Form Interrogatories, Set One is GRANTED. Verified further responses, without ...
2023.12.06 Motion to Consolidate 381
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.12.06
Excerpt: ...ve Rulings: (1) Motion to Consolidate is DENIED, without prejudice. Given the status of the quiet title action, it is premature to seek consolidation ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ This motion involves two cases. First, Case No. 23TRCV00381, Juanita Canche Pech v. Lucila Parra and the Second case No. 23IWUD02179, Antonio Trujillo v. Lucila Parra, et al. Defendant Lucila Parra filed this Motion to Consolidate contending each case arises ...
2023.12.06 Demurrer 600
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.12.06
Excerpt: ...arty claims, and ADR. The Court is currently setting cases for trial in May and June of 2025. I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On December 27, 2022, Plaintiff, Jane Doe T.B. (“Plaintiff”) filed a Complaint against Defendants, Doe #1, a public entity. The Complaint alleges personal injuries and damages from Childhood Sexual Abuse. Plaintiff alleges that Defendant's former employee, Doe #2, sexually assaulted and abused Plaintiff in L...
2023.12.05 Motion to Compel Further Responses, for Sanctions 468
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.12.05
Excerpt: ...rogatories, Set One (2) Motion to Compel Further Responses from Defendant to Respond to Special Interrogatories, Set One (3) Motion to Compel Further Responses from Defendant to Respond to Request for Production of Documents, Set One (4) Motion to Compel Further Responses from Defendant to Respond to Requests for Admission, Set One (5) Request for Sanctions ¿ Tentative Rulings: (1-5) Continue hearing to January 29, 2024 to permit self-represente...
2023.12.05 Motion for TRO, OSC Re Preliminary Injunction 921
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.12.05
Excerpt: ...m the moving party as to certain matters specified below, including the amount of the bond which appears to be insufficient given Defendants' likely costs if the TRO were granted. The Court also needs to hear from the moving party as to Plaintiff's ability to make a bid if the foreclosure sale were not enjoined, and notice of this application to other parties besides the Defendants given the breadth of persons sought to be enjoined I. BACKGROUND�...
2023.12.05 Motion for Summary Judgment, Adjudication 950
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.12.05
Excerpt: ...ary Judgment is DENIED I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On February 24, 2020, Plaintiff, 6232 Manchester LLC (“Plaintiff”) filed a Complaint for Unlawful Detainer against Defendant, Orb Tertius, LLC, and DOES 1 through 10. This action involves the real property located at 6224 West Manchester Avenue, Los Angeles, CA 90045. Plaintiff asserts that it is the owner and landlord of the Property and rents the property to Defendant based on a c...
2023.12.01 Demurrer, Motion to Strike 591
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.12.01
Excerpt: ...ndants' Motion to Strike is MOOTED ¿¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On May 18, 2023, Plaintiff, Rebecca Alvarez (“Plaintiff”) filed a Complaint against Defendant, General Motors, LLC, and DOES 1 through 10. On September 1, 2023, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action for: (1) Violation of Civil Code § 1793.2(d); (2) Violation of Civil Code § 1793.2(b); (3) Violation of Civil Code § 1793.2(...
2023.12.01 Demurrer 924
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.12.01
Excerpt: ...sed Demurrer would be SUSTAINED as to the personal injury claim, but OVERRULED as to the property damage claim, unless the ex parte application results in a change of the tentative (2) The Court will CONTINUE the hearing on the Demurrer and to give the defense opportunity to file written response to the ex parte application which was e-filed 1-1/2 days before the hearing on the Demurrer. As noted in Mr. Laufer's declaration, the Court had indicat...
2023.12.01 Motion to Set Aside Dismissal 081
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.12.01
Excerpt: ...NTED. (2) OSC re dismissal for failure to file proof of service on Defendant set for February 9, 2024, 8:30 a.m. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On January 10, 2023, Plaintiff, Neil Arnold Paredes (“Plaintiff”) filed a Complaint against Defendant, Shina Alani Adebayo and DOES 1 through 50. The Complaint alleges causes of action for Motor Vehicle Negligence and General Negligence. On September 19, 2023, this Court, having given n...
2023.12.01 Motion for Leave to File Late Government Claim 855
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.12.01
Excerpt: ...t to Government Code § 946.6 shall be foiled with the District no later than January 2, 2024 ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual On June 8, 2023, Plaintiff, Krystal Milian Aguirre (“Plaintiff”) filed a Complaint against Defendant, El Camino Community College District, County of Los Angeles, and DOES 1 through 20. The Complaint alleges causes of action for: (1) Premises Liability; and (2) General Negligence. Plaintiff now brings a Motio...
2023.12.01 Motion to Deem RFAs Admitted, for Sanctions 101
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.12.01
Excerpt: ...otion for an Order that Requests be Deemed Admitted Against is Mooted by the service of verified responses to the 20 RFAs at issue prior to the hearing (2) Request for Sanctions is GRANTED in the amount of $1,500, payable to Plaintiffs' counsel within 30 days. The sanctions are jointly payable by Defendant Preda and his counsel. I. BACKGROUND¿ ¿ A. Factual¿ On April 10, 2023, Plaintiffs, Manuel Serrano and Bertha Serrano (collectively “Plain...
2023.11.30 Motion to Compel Responses, to Deem RFAs Admitted, for Sanctions 710
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.11.30
Excerpt: ...orm Interrogatories, Set One (2) Motion to Compel Plaintiff to Respond to Special Interrogatories, Set One (3) Motion to Compel Plaintiff to Respond to Request for Production of Documents, Set One (4) Motion to Deem Requests for Admission Admitted (5) Request for Sanctions ¿ Tentative Rulings: (1) Motion to Compel Plaintiff to Respond to Form Interrogatories, Set One is GRANTED (2) Motion to Compel Plaintiff to Respond to Special Interrogatories...
2023.11.28 Motion to Compel Deposition, for Sanctions 061
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.11.28
Excerpt: ...Rulings: (1) Plaintiff's Motion to Compel is GRANTED. (2) Plaintiff's Request for Sanctions is GRANTED in the amount of $1,000, payable by defense counsel to Plaintiff's counsel in 30 days. ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ On June 26, 2023, Plaintiff, Caroline Nguyen (“Plaintiff”) filed a Complaint against Defendants, C.E. AllenCompany, Inc., and DOES 1 through 50. The Complaint alleged causes of action for: (1) Motor Veh...
2023.11.22 Motion to Strike Punitive Damages, Allegations, and Prayer 547
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.11.22
Excerpt: ...llegations and Prayer Tentative Rulings: (1) GRANTED, without prejudice to a future noticed motion as required by Section 425.13 I. BACKGROUND A. Factual On September 13, 2019, plaintiff Erica H. Leventhal, a minor by and through her guardian ad litem, Cornelia A.R. Pechmann (“Plaintiff”), filed a complaint against Select Medical Holdings Corporation, Inc., Select Physical Therapy, Novacare Rehabilitation Health Services, Inc., and Heather Se...
2023.11.22 Motion to Compel Further Responses, for Monetary Sanctions 385
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.11.22
Excerpt: ...ion, Set One (3) Request for Monetary Sanctions Tentative Rulings: (1) The Court orders Defendant to provide a verified further response to special interrogatories 16-21 without objections on or before January 5, 2024. (2) The Court orders Defendant to provide a verified further response without objections on or before January 5, 2024 that either admits or denies RFAs no. 6, 7, 11, and 12, or which states Defendant is unable to admit or deny. (3)...
2023.11.22 Motion to Compel Further Responses 737
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.11.22
Excerpt: ... Further Responses to Plaintiff's Request for Production of Documents, Set One is CONTINUED. The Court orders the parties to further meet and confer during the time that the continued hearing on this motion is pending. To facilitate those efforts, the Court details examples for the parties as to how the Court would likely rule on specific categories of the requested discovery and objections, and gives the parties parameters of how the Court would...
2023.11.21 Motion to Compel Deposition 912
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.11.21
Excerpt: ...to select date, time and location ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ On October 10, 2022, Plaintiff, Daniel Sydney Andrews (“Plaintiff”) filed a Complaint against Defendants, Smart & Final LLC, Smart & Final Stores, LLC, and DOES 1 through 10. The Complaint alleged causes of action for: (1) Premises Liability; and (2) General Negligence. Defendant, Smart & Final Stores, LLC notes that on August 24, 2023, Defendants noticed ...
2023.11.21 Motion to Compel Arbitration 562
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.11.21
Excerpt: ...a Complaint against Defendant, Lyft, Inc., a Delaware corporation; John Doe, and DOES 1 through 100. The Complaint alleges causes of action for: (1) Assault; (2) Battery; (3) Intentional Infliction of Emotional Distress; (4) Negligence; and (5) Negligent Hiring, Supervision, and Retention. Defendant Lyft, Inc. now files a Motion to Compel Arbitration. B. Procedural On October 10, 2023, Defendant Lyft filed a Motion to Compel Arbitration. On Novem...
2023.11.21 Demurrer, Motion to Strike 008
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.11.21
Excerpt: ... (2) Motion to Strike ¿ Tentative Rulings: (1) Defendants' Demurrer is SUSTAINED if Plaintiff seeks to claim fraud as against Kelly and South Bay. The allegations are sufficient as to JBJ. Leave to amend yet again to be discussed (2) Motion to Strike is MOOTED ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On January 5, 2022, Plaintiff, HMCN Properties, LLC filed a Complaint against Defendants, JBJ Business Center, LLC, South Bay Property Managem...
2023.11.20 Motion to Strike Answer 072
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.11.20
Excerpt: ...ly 25, 2023 ruling on the claim of right of possession given the history of this matter including Commissioner McTaggart's November 25, 2020 granting of an ex parte application that sought to bar any future claims of right to possession I. BACKGROUND A. Factual This is an forcible detainer case filed on January 14, 2020, prior to the COVID-19 pandemic. The case proceeded to trial as a prove-up against named defendant Ynes Torres and a writ of pos...
2023.11.17 Motion to Set Aside Sister State Judgment 298
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.11.17
Excerpt: ... motion to vacate, without prejudice to being renewed upon the finality of the appeal in Delaware, STAY the California litigation, and require Defendants file an undertaking of $988,510. I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On July 20, 2023, Plaintiff, Stone & Paper Investors, LLC (“Plaintiff”) filed an Application for Entry of Judgment. No opposition was filed. This Court GRANTED this motion on July 17, 2023. Defendants, Richard Blanch, Viv...
2023.11.17 Motion for Attorney Fees 727
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.11.17
Excerpt: ...isapproves a multiplier but approves the hourly rates and expenses. Net award is $14,715.25. I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On May 31, 2023, Plaintiff, Krystal Walton (“Plaintiff”) filed a Complaint against Defendant, Ford Motor Company, and DOES 1 through 10. The Complaint alleges causes of action for: (1) Violation of Song-Beverly Consumer Warranty Act – Express Warranty; and (2) Violation of Song-Beverly Consumer Warranty Act �...
2023.11.17 Demurrer, Motion to Strike 192
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.11.17
Excerpt: ...(2) Motion to Strike is MOOTED. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On November 9, 2022, Plaintiff, Luis Hernandez, Jr. (“Plaintiff”) filed a complaint against Defendant, Del Amo Motorsports (“Defendant”), and DOES 1 through 50. On June 7, 2023, Plaintiff filed a First Amended Complaint. On September 6, 2023, Plaintiff filed a Second Amended Complaint (“SAC”) alleging causes of action for: (1) Negligence; and (2) Negligent E...
2023.11.15 Motion to Compel Responses 186
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.11.15
Excerpt: ...ne (2) Defendant's Motion to Compel Plaintiff, Marlin Marroquin, to Respond to Request for Production of Documents, Set One (3)Defendant's Motion to Compel Plaintiff, Elsy Rojas, to Respond to Form Interrogatories, Set One (4) Defendant's Motion to Compel Plaintiff, Elsy Rojas, to Respond to Request for Production of Documents, Set One Tentative Rulings: (1), (2), (3), and (4) Continue to August 1, 2023 at 8:30 a.m., Inglewood Dept. 8. That would...
2023.11.15 Motion to Compel Arbitration 782
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.11.15
Excerpt: ...ffs, Wei Du and Yi Chieh (collectively “Plaintiffs”) filed a Complaint against Defendant, Tesla Motors, Inc., and DOES 1 through 10. The Complaint alleges causes of action for” (1) Violation of Civil Code § 1793.2(d); (2) Violation of Civil Code § 1793.2(b); (3) Violation of Civil Code § 1793.2(a)(3); (4) Breach of Express Written Warranty – Civil Code § 1791.2 (a), Section 1794; (5) ) Breach of the Implied Warranty of Merchantability...
2023.11.15 Demurrer 381
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.11.15
Excerpt: ...e Application to shorten hearing on motion to consolidate ¿ Tentative Rulings: (1) Antonio Trujillo's Demurrer¿ is Sustained, with leae to amend to be discussed (2) Lucila Parra's Demurrer is Overruled as tot eh financial elder abuse cause of action, but Sustained as to all other claims. Leave to amend to be discussed. (3) Depending on the outcome of the demurrer, there may or may not be a basis for relating this case with the pending UD and/or...
2023.11.14 Motion to Compel Depositions, for Monetary Sanctions 381
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.11.14
Excerpt: ...pposition Brief Tentative Rulings: (1) Deny (2) Deny I. BACKGROUND A. Factual On May 20, 2021, Sean Lamont Dent, Sir, Sean Lamont Dent Jr, Icolin Joy Gayle, Talal Omar, and Musa Ali Eisa filed a complaint against Miguel Angel Valle for (1) self-help, (2) conversion, (3) trespass, (4) breach of warranty of habitability, (5) breach of covenant of quiet enjoyment, (6) nuisance, (7) negligence, (8) premises liability, (9) unfair competition/unfair bu...
2023.11.14 Motion for Trial Preference 712
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.11.14
Excerpt: ...edules I. BACKGROUND A. Factual On May 30, 2023, Plaintiff, Donna Lee Scoular (“Plaintiff”) filed a Complaint against Defendant, Earl Mendes Hyman (“Defendant”), and DOES 1 through 50. The Complaint alleges a cause of action for negligence. The Complaint contends that on July 19, 2021, Plaintiff was injured in a motor vehicle collision in Redondo Beach, California. Plaintiff is also currently 79 years old. Plaintiff has now filed a Motion...
2023.11.14 Demurrer, Motion to Strike 625
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.11.14
Excerpt: ...ve to amend. The case will proceed as to the cause of action for negligence only (2) Defendant's Motion to Strike is mooted I. BACKGROUND A. Factual On July 26, 2022, Plaintiff, Carlton Turner (“Plaintiff”) filed a complaint against Defendants, Gardena Terrace Inn, Gardena Terrace Inn, LLC, Anand Desai, and DOES 1 through 20. On August 16, 2023, Plaintiff filed a Second Amended Complaint (SAC”). The SAC alleges causes of action for: (1) Bat...
2023.11.02 Motion for Leave to File Complaint 990
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.11.02
Excerpt: ... 12, 2022, Plaintiffs, James W. Goddard and Juli M. Rice (collectively “Plaintiffs”) filed a Limited Civil Commercial UD Complaint against Defendants, Sam Lallani dba Milas Beauty Studio, and DOES 1 through 10. On December 13, 2022, Plaintiffs filed a First Amended Complaint (“FAC”) alleging causes of action for: (1) Breach of Contract, alleging that possession of the rental premises was not longer at issue. Now, Defendant Salim Lallani, ...
2023.11.02 Motion for Reconsideration 217
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.11.02
Excerpt: ...hicle Trust, by and through its servicer, BMW Financial Services, NA (“Plaintiff”) filed this action against Defendant, DOE A (“Defendant”) alleging causes of action for: (1) Brach of Contract; (2) Common Count; (3) Claim & Delivery; and (4) Conversion. This action arises out of Plaintiff's claim that Defendant did not abide by her lease agreement. Plaintiff claims that on or about January 27, 2019, Defendant, for valuable consideration, ...
2023.11.02 Motion to Compel Further Responses 073
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.11.02
Excerpt: ...tion to Compel Further Responses to Plaintiff's Request for Production of Documents, Set Two is GRANTED in part and DENIED in part, consistent with the guidance the Court gave the parties a month ago in its October 2, 2023 Tentative Ruling. The further production and verified further written response will be due within 21 days, i.e., before Thanksgiving, but if that is not realistic the Court will consider a longer time period conditioned on the ...
2023.11.02 Motion to Compel Further Responses 554
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.11.02
Excerpt: ...o Compel Further Responses to Requests for Production, Set One. (2) Request for Sanctions Tentative Rulings: (1) Motion to Compel is GRANTED as to inspection only. The Court's tentative ruling is to DENY the request for off-site potentially destructive testing. The Court may need oral argument to address several points as to the 9 categories of requested off-site and potentially destructive testing: (a) have other parties previously performed off...
2023.11.02 Motion to Compel Further Responses 137
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.11.02
Excerpt: ... Documents No. 13 to 16 Tentative Rulings: (1) GRANTED, except as to tax returns which have an independent basis for privilege. Oral argument as to a limited protective order as to the tax returns. I. BACKGROUND A.Factual Plaintiff filed his Complaint on February 11, 2020. Plaintiff filed his Second Amended Complaint on July 28, 2021. Plaintiff alleges the following facts: Plaintiff was a longtime friend and client of an attorney named Richard J....
2023.11.01 Motion to Transfer 216
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.11.01
Excerpt: ... Mateev ¿¿ TRIAL DATE: Not Set ¿¿ MOTION:¿ (1) Motion to Transfer¿ (2) CMC ¿ Tentative Ruling: (1) DENIED (2) Set case for Non-Appearance Case Review re status of removed case for March 26, 2024, 8:30 a.m. ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On April 19, 2023, Plaintiff, Frank Roldan, Jr., an individual and minor, through his Guardian Ad Litem Destinee Harrison; Destinee Harrison, and Frank Roldan, Sr. filed a complaint against Def...
2023.11.01 Motion to Compel Further Responses 671
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.11.01
Excerpt: ... Tentative Rulings: (1) Motion to Compel Further Responses, Without Objections, to Requests for Production, Set One is CONTINUED to a date to be discussed, after Court-ordered meet-and confer process can occur. The Court provides some parameters to guide the meet and confer process. I. BACKGROUND¿ ¿ A. Factual¿ ¿¿ On May 26, 2023, Plaintiff, Lambe B. Papoulias (“Plaintiff”) filed a Complaint against Defendants, Volkswagen Group of Americ...
2023.11.01 Motion for New Trial or to Set Aside Default Judgment 528
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.11.01
Excerpt: ...asonable attorney's fees and costs as noted below. Trial to be re-set at 10:30 a.m. in the last 2 weeks of November ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On July 21, 2021, Donald Christy (“Plaintiff”) filed a Complaint against Miguel A. Garcia (“Defendant”). The Complaint was based on a cause of action for Breach of Promissory Note. On November 19, 2021, Plaintiff filed a First Amended Complaint alleging causes of action for: (1) Breac...
2023.11.01 Motion for Contempt 114
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.11.01
Excerpt: ... of a Permanent Injunction Tentative Rulings: (1) Motion for Contempt Against Defendant, Davide Avedon is GRANTED in part, as the Court will set a hearing on an OSC re contempt. The Court requires additional evidence before it can order Mr. Avedon to be held in contempt. Hearing setting to be discussed (2) Issuance of a Permanent Injunction is DENIED without prejudice to being renewed in the future depending on Mr. Avedon's actions or inactions A...
2023.10.31 Motion to Compel Arbitration 596
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.10.31
Excerpt: ...al declaration at the Reply phase of briefing which provided evidence lacking in the original moving papers. Without further briefing or evidence from Plaintiff, the tentative ruling is to ARGUE. The Court finds the arbitration provision to be moderately procedurally unconscionable, but needs oral argument as to substantive unconscionability. While the Plaintiff's discovery rights would be curtailed in a AAA arbitration, Defendant has already pro...
2023.10.27 Motion to Quash Deposition Notice 847
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.10.27
Excerpt: ...ed as to category 5 I. BACKGROUND¿ ¿ A. Factual¿ On November 17, 2020, Plaintiff DRAKK Holdings, LLC (“DRAKK”) filed this action against Defendant, PSIP SN Vermont, LLC (“PSIP”). On September 29, 2021, Plaintiff filed a Second Amended Complaint. On November 30, 2022, Plaintiff filed a Third Amended Complaint (“TAC”)alleging cases of action for: (1) Specific Performance/Express Written Contract; (2) Specific Performance/Promissory E...
2023.10.25 Motion to Charge Member's Interest 292
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.10.25
Excerpt: ...for Order to Charge Member's Interest in LLC. To date, no opposition has been filed. On September 19, 2023, this Court continued this motion. On October 6, 2023, KH Capital, LLC filed a new Motion for Order to Charge Member's Interest in LLC. ¿II. ANALYSIS¿¿ ¿¿ A. Legal Standard Under Code of Civil Procedure section 708.310: “[i]f a money judgment is rendered against a partner or member but not against the partnership or limited liability ...
2023.10.25 Motion for Leave to File Complaint 554
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.10.25
Excerpt: ...issues: (A) the potential impact on this belated cross-complaint on the pending dispositive motion now set for a continued hearing on November 1, 2023, and (B) why Matrix waited until October of 2023 to seek leave to cross-complaint against TORC when its ex parte application filed in March of 2023 sought a continuance of TORC's then-pending dispositive motion bearing on the same potential theories of liability raised in the Cross-Complaint I. BAC...
2023.10.24 Demurrer 947
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.10.24
Excerpt: ...r is SUSTAINED as to the strict liability (1 st) cause of action, possibly with leave to amend, and SUSTAINED without leave to amend as to the NIED (3 rd) cause of action. (2) For the CMC, the Court will inquire of Plaintiff's counsel if there are additional defendants yet to be served ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On March 29, 2023, Plaintiff Lauren Hogan and Armando Hogan (collectively “Plaintiffs”) filed a Complaint agai...
2023.10.24 Demurrer 388
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.10.24
Excerpt: ...gs: (1) T-Mobile's Demurrer is OVERRULED in part and SUSTAINED as to the 3rd cause of action for private nuisance. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On May 2, 2023, Plaintiffs, Aurea Property Investment, LLC and Ace Sushi Franchise Corporation filed a Complaint against Defendants, SBA Site Management, LLC, Betacom Incorporated, Mastec Network Solutions, LLC, Vantage Telecom Company, T-Mobile USA Tower, and DOES 1 through 100. On Au...
2023.10.24 Motion for Leave to File FAC 422
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.10.24
Excerpt: ...gs: (1) GRANTED. Plaintiff is ordered to file the FAC as a stand-alone document within 5 court days. (2) CMC set for 11/2/23 is continued on the Court's own motion to February 6, 2024 at 8:30 a.m. ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On May 4, 2023, Plaintiff, Rosemary Pineau (“Plaintiff”) filed a Complaint against Defendants, Centinela Hospital Medical Center, Wai Tan Di, M.D.., Steven L. Scott, PA.C. and DOES 1 throu...
2023.10.24 Demurrer, Motion to Strike 092
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.10.24
Excerpt: ...ke DENIED. ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On April 7, 2023, Plaintiff, Francisco Reyes (“Plaintiff”) filed a Complaint against Defendant, General Motors (“GM”). On July 17, 2023, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of actions for: (1) Violation of Civil Code § 1793.2(d); (2) Violation of Civil Code § 1793.2(b); (3) Violation of Civil Code §1793.2(a)(3); (4) Breach of the Implied Warranty o...
2023.10.24 Motion for Summary Judgment, Adjudication 236
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.10.24
Excerpt: ...cept dental malpractice and granted as to punitive damages I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On May 14, 2021, Plaintiff, Homa Deris (“Plaintiff”) filed a Complaint against Defendants, Byron Kim, DDS, Rojin Erfan, DDS, Walter Jefferson, DDS, Walter Jefferson Dental Corporation dba PCH Smiles Dentistry and Orthodontics, Kevin Choi, DDS, Bardi-Nugent Dental Corporation dba Rootvision Endo, and DOES 1 through 10. On October 26, 2021, Pla...
2023.10.23 Motion for Leave to File FAA 373
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.10.23
Excerpt: ...lly Poz and Ester Poz (collectively "Plaintiffs") filed a Complaint agamst Defendant, Continental Funeral Home (Hawthorne), Incu and DOES 1 through 100. The Complaint alleges causes of action for: (1) Breach of Contract; and (2) Negligent Infliction of Emotional Distress. On July 17, 2023, Defendant filed an answer. On September 7, 2023, Defendant filed its Motion for Leave to file a First Amended Answer to add a defense of an arbitration agreeme...
2023.10.20 Demurrer, Motion to Strike 918
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.10.20
Excerpt: ...s SUSTAINED without leave to amend. (2) Defendants' Motion to Strike is MOOTED ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On March 28, 2023, Plaintiff, Vivianne Jean Cole (“Plaintiff”) filed a Complaint against Subaru of America Inc., Subaru Pacific, and DOES 1 through 10. On June 16, 2023, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action for: (1) Violation of the Song-Beverly Consumer Warranty Act – Breach...
2023.10.05 Motion for Summary Judgment 381
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.10.05
Excerpt: ...ngs: (1) Motion for Summary Judgment is DENIED. I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On February 9, 2021, Plaintiffs, Estate of Manuel Villalpando, Fibiola Xiomara Nava Villalpando, and Aimee Villalpando (collectively, “Plaintiffs”) filed a Complaint against Defendant, Yama Seiki USA, Inc. (“Defendant”), and DOES 1 through 50. On September 20, 2021, Plaintiffs filed a First Amended Complaint (“FAC”) alleging causes of action for...
2023.10.05 Motion for Judgment on the Pleadings 630
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.10.05
Excerpt: ...n part. I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On July 28, 2022, Plaintiff, John Doe J.Y. (“Plaintiff”) filed a Complaint against Defendants, Doe #1, a public entity. The Complaint alleges personal injuries and damages from Childhood Sexual Abuse. Plaintiff alleges that Defendant's former employee, and now deceased, Catherine Schindler (“Schindler”), abused Plaintiff while Plaintiff was a student in Defendant's school district. Defend...
2023.10.05 Demurrer to FAC 406
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.10.05
Excerpt: ...fendants' Demurrer is SUSTAINED with 20 days leave to amend ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On February 14, 2023, Plaintiff, Inglewood Church of Christ, filed a Complaint against Defendants Zeeba Vans Company, Inc., dba Zeeba Vans, Kayvon Marashi, and Michael Paletz, and DOES 1 through 10 (collectively “Defendants”). On July 12, 2023, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action for: (1) Bre...
2023.10.03 Demurrer 090
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.10.03
Excerpt: ...eek assistance or representation of a licensed attorney to enable him to amend his lawsuit in conformity with the law and procedural rules in the civil courts. I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On June 29, 2023, Louis A. Sparks (“Plaintiff”) filed a complaint against Defendants, Willie Bell, Maura Bell, Maura Sparks, Earl L Coats, Davita Dialysis, Robert Sparks, Lois Sparks, Dennis Sparks, Wesslyn L. Hamilton, Edward E. Sarks. Matrae L...
2023.10.02 Motion to Compel Further Responses 073
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.10.02
Excerpt: ...ontinued to Friday, October 6, 2023 at 9:00 a.m. Defense counsel is ordered to re-submit by October 4, 2023 the Separate Statement deleting the “Statement of Insufficiency” and “Reason Why No Further Response is Necessary” sections from the 923- page document submitted to the Court on September 18, 2023. The purpose of a Separate Statement in a discovery motion is to make it easier, not harder, for the Court to rule on specific interrogat...
2023.09.29 Motion for Judgment on the Pleadings 503
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.09.29
Excerpt: ...ANTED. Discuss leave to amend. I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On February 22, 2023, Plaintiff, Salvador Chavez (“Plaintiff”) filed a Complaint against Defendants, American Honda Motor Co., Inc., and DOES 1 through 10. The Complaint alleges causes of action for: (1) Violation of Song-Beverly Act – Breach of Express Warranty; and (2) Fraudulent Inducement – Concealment. Defendant, American Honda Motor Co., Inc. now files a Motio...
2023.09.29 Motion for Attorney Fees 458
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.09.29
Excerpt: ...series of questions the Court has raised below ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On June 9, 2022, Plaintiff, Ivan Villarreal (“Plaintiff”) filed a Complaint against Defendant, Ford Motor Company, and DOES 1 through 50. The Complaint allegs causes of action for: (1) Violation of Civil Code § 1793.2(d); (2) Violation of Civil Code § 1793.2(b); (3) Violation of Civil Code § 1793.2(a)(3); (4) Breach of Express Written Warranty �...

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