Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

482 Results

Clear Search Parameters x
Location: Los Angeles x
Judge: Frank, Ronald x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 222)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 746)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 200,100
Array
(
)
2023.09.28 Motion to Compel Further Responses, for Sanctions 329
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.09.28
Excerpt: ...el Further Responses to Demand for Discovery and Production, Set One (3) Request for Sanctions Tentative Rulings: (1) Plaintiffs' Motion to Compel Further Responses to Form Interrogatories, Set One is MOOTED (2) Plaintiffs' Motion to Compel Further Responses to Demand for Discovery and Production, Set One is GRANTED IN PART AND DENIED IN PART (3) Request for Sanctions is GRANTED for $750, payable within 30 days ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿�...
2023.09.28 Motion for Letters Rogatory, to Stay or Dismiss for Forum Non Conveniens 792
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.09.28
Excerpt: ...r Letters Rogatory to New Zealand High Court to Issue Subpoena for Helicopter Inspection is GRANTED. California-based counsel and experts ought to have easier access to inspect, test, measure and analyze the damaged parts in California. The Court will inquire of counsel as to steps intended to be taken to secure the components and ensure access in the US to all parties. (2) Defendants Robinson Helicopter Company's and Weldon Pump, LLC's Motion to...
2023.09.27 Motion to Compel Responses, for Monetary Sanctions 087
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.09.27
Excerpt: ...Respond to Requests for Production, Set One (2) Motion to Compel Plaintiff to Respond to Form Interrogatories, Set One, and Special Interrogatories, Set One ¿¿ ¿ Tentative Rulings: (1) Motion to Compel RFPs is GRANTED. Monetary sanctions awarded as well, payable by Plaintiff's counsel to defense counsel within 30 days. (2) Motion to Compel SROGs and FROGs is GRANTED. Ditto for the monetary sanctions. ¿¿¿ I. BACKGROUND¿¿¿¿ ¿¿¿¿ A. Fa...
2023.09.27 Motion for Contempt 610
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.09.27
Excerpt: ...e Rulings: (1) CONTINUE hearing on Motion for Contempt (2) Trial date is vacated pending Motion by Plaintiffs' counsel to Withdraw or Proof that Plaintiffs have re-established contact with their counsel of record I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On August 28, 2020, Plaintiff, Earl Brown and Shonte Powers (collectively “Plaintiffs”) filed a Complaint against Mercedes-Benz USA, LLC, and DOES 1 through 10. The Complaint alleges...
2023.09.27 Demurrer, Motion to Strike 144
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.09.27
Excerpt: ... is OVERRULED. Defendant's Answer is due withing 20 days to the three remaining causes of action, absent stipulation of the parties otherwise (2) Motion to Strike is GRANTED as to the third, fourth, sixth through ninth causes action and as to the addition of a new named party not named as a Doe defendant without having obtained prior leave of court of stipulation of opposing counsel. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On March 1, 2021,...
2023.09.26 Motion for Terminating Sanctions 444
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.09.26
Excerpt: ... 13, 2024 ¿¿ MOTION:¿ Motion for Terminating Sanctions ¿ Tentative Rulings: (1) Motion for Terminating Sanctions is CONTINUED to October 12, 2023, at 8:30 a.m. in Dept. 8. The Court orders defense counsel to serve Plaintiff with Notice of this tentative ruling, with its WARNING TO PLAINTIFF that the Court will dismiss the lawsuit as a sanction for his failure to comply with the July 12, 2023 order of this Court that Plaintiff provide verified...
2023.09.26 Demurrer, Motion to Strike 477
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.09.26
Excerpt: ...¿¿ ¿¿ A. Factual¿¿ On December 13, 2022, Plaintiff David A. Ortiz (“Plaintiff”) filed this action against Defendant General Motors LLC (“Defendant”) and Does 1 to 10. This action arises out of Plaintiff's purchase of a 2018 Cadillac CTS-V with an express written warranty from Defendant. B. ¿ Procedural On March 8, 2023, Plaintiff filed its first amended complaint, alleging causes of action for: (1) Violation of Song Beverly Act—B...
2023.09.21 Motion for Terminating Sanctions, Contempt 625
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.09.21
Excerpt: ... unexcused failure to comply with a Court order compelling discovery, including his failure to appear for and attend his deposition as ordered July 5, 2023 (2) Plaintiffs' Motion for Order of Contempt is Denied in light of the Court's granting of the other motion, but without prejudice to being renewed depending on future developments. ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ This action involves a self-represented defendant, ...
2023.09.20 Motion to Compel Responses, for Sanctions 466
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.09.20
Excerpt: ...onses to Requests for Production of Documents, Set One is GRANTED (2) Request for Sanctions is GRANTED in the lowered amount of $1,000, payable within 30 days I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On August 2, 2023, Plaintiff, Evelyn J. Ko (“Plaintiff”) filed a Complaint for unlawful detainer against Luke Koster Visser, et al. Defendant, Luke Visser, notes that on August 14, 2023, he propounded discovery to Plaintiff, and that th...
2023.09.20 Demurrer, Motion to Strike 129
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.09.20
Excerpt: ...rman Scandrick ¿¿ TRIAL DATE: None Set. ¿¿ MOTION:¿ (1) Demurrer¿ (2) Motion to Strike ¿ Tentative Rulings: (1) Defendant's Demurrer is Continued (2) Defendant's Motion to Strike is continued. ¿I. CONTINUANCE DISCUSSION As a preliminary matter, Defendants have violated California Rule of Court 3.1113 (d). “Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages.” (CRC 3.1113...
2023.09.20 Demurrer to TAC, Motion to Strike 594
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.09.20
Excerpt: ...s Motion to Strike is denied ¿¿ The Court has previously overruled the demurrer and denied the motion to strike as to the Second Cause of Action from the second amended complaint. While there are new allegations the Third Amended Complaint (TAC) added to the second cause of action, those new allegations do not create pleading defects subject to demurrer or motion to strike. As to the first cause of action for breach of contract, paragraph 9 of ...
2023.09.20 Demurrer 555
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.09.20
Excerpt: ...e second cause of action. Leave to amend to be discussed 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. After the Court sustained the City's Demurrer to the original Complaint, on July 17, 2023, Plaintiff filed a Second Amended...
2023.09.19 Motion for Summary Judgment, Adjudication 408
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.09.19
Excerpt: ...urt requests oral argument as to any precedents regarding a triable issue of fact arising from the length of time an employer delays in disciplining an employee for on the job misconduct, or the effect of a claimed inadequate investigation before the employer discipline the employee who is alleged to have engaged in the misconduct. Further, the Court seek argument or further briefing as to the effect of a law enforcement refusal to provide inform...
2023.09.19 Motion to Charge Member's Interest 292
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.09.19
Excerpt: ...g exhibits from the declaration ISO the motion ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ This action for breach of contract, negligence, trespass and nuisance was field by Mahmoud Awad against Legion Builders, Inc. and Oscar Davila. The suit essentially alleged unpaid rent arising from a commercial landlord-tenant relationship. No unlawful detainer action was filed because Defendants allegedly vacated, but the amount of unpaid rent....
2023.09.15 Motion for Summary Judgment, Adjudication 671
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.09.15
Excerpt: ...Judgment, or in the alternative, Summary Adjudication is GRANTED. I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On September 25, 2020, Vatche Cabayan (“Plaintiff”) filed a complaint against Petri Entertainment, LLC and Warner Davis (collectively “Defendants” for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, and (3) declaratory relief. On December 22, 2020, plaintiff filed a FAC for (1) breach of contr...
2023.09.15 Demurrer, Motion to Strike 146
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.09.15
Excerpt: ... within 20 days (2) Defendant's Motion to Strike is DENIED I. BACKGROUND¿ ¿ A. Factual¿ ¿¿ On January 17, 2023, Sandra Esqueda (“Plaintiff”) filed a complaint against General Motors LLC (“GM”), and DOES 1 through 10. On May 2, 2023, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action for: (1) Violation of Song-Beverly Act – Breach of Express Warranty; (2) Violation of Song-Beverly Act – Breach of Impli...
2023.09.15 Motion for Terminating and Further Monetary Sanctions, or for Evidence and Further Monetary Sanctions 918
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.09.15
Excerpt: ... Further Monetary Sanctions (2) Trial Setting Conference (3) Settlement Conference Scheduling Tentative Rulings: (1) Motion for Terminating and Evidence Sanctions is denied, but Grant $1,00 in further monetary sanctions in addition to the $1,420 past due amount. (2) The Court will discuss its trial calendar with counsel and attempt to find a suitable date in the fourth quarter of 2024 (3) The Court will discuss re-setting an MSC with counsel I. B...
2023.09.13 Motion to Compel Responses 984
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.09.13
Excerpt: ... denied in part. The Court discusses the scope of what GM is required to produce for specific RFPs on a Request by Request basis below, and why the Court denies the motion as to other specific RFPs (2) The Court will discuss the status of the case and when it might be ready for ADR or trial setting I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On October 19, 2022, Gail Chelebian (“Plaintiff”) filed a complaint against General Motors LLC ...
2023.09.13 Motion to Compel Further Responses, for Sanctions 265
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.09.13
Excerpt: ...2) Request for Sanctions Tentative Rulings: (1) Motion to Compel Further Responses to Requests for Production, Set One is GRANTED in part and DENIED in part. Further written responses with a signed verification, and the production of responsive documents being compelled, shall be provided within 30 days absent a written agreement between counsel for a reasonable extension (2) Defendants' Request for Monetary Sanctions is GRANTED in the lowered am...
2023.09.13 Motion for Summary Judgment, Adjudication 137
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.09.13
Excerpt: ...dgment, or in the alternative, Summary Adjudication ¿ Tentative Rulings: (1) Motion for Summary Judgment, or in the alternative, Summary Adjudication is CONTINUED. 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. Stall, Jr. (�...
2023.09.12 Demurrer, Motion to Strike 632
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.09.12
Excerpt: ... warranty), and SUSTAINED as to cause of action 5 (fraudulent inducement). The Court seeks oral argument as to the applicability of the SBA to a vehicle whose repair history is alleged to begin after the expiration of the original 50,000-mile new car warranty attached to the Complaint, and whether Plaintiff believes it can cure the pleading issues raised by the Court in more detail below as to the fraud cause of action (2) Defendants' Motion to S...
2023.09.07 Motion to Compel Arbitration 864
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.09.07
Excerpt: ...uling: (1) An arbitration agreement between the parties exists. (2) The arbitration agreement is not unconscionable. (3) The arbitration agreement contains a poison pill which prevents its enforcement. I. BACKGROUND A. Factual ¿ On June 9, 2023, Plaintiff, Arlene Parra, individually, and on behalf of aggrieved employees pursuant to the California Private Attorneys General Act (“Plaintiff”) filed a Complaint against Defendant, Marksman Securi...
2023.09.07 Motion for Judicial Relief from Rejection of Application to File Late Government Claim 403
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.09.07
Excerpt: ...ejection of Application to File Late Government Claim Tentative Rulings: (1) Plaintiffs' Motion for Judicial Relief from Rejection of Application to File Late Government Claim is GRANTED. ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On December 6, 2022, Plaintiffs, Mahshid A. Malekzadeh and Reza Malekzadeh (Collectively “Plaintiffs”) filed a Complaint against Defendants, Lightfoot & Sons Plastering, Inc., Douglas Lee Lightfoot; and...
2023.09.01 Motion to Quash 505
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.09.01
Excerpt: ...tiff, Wilfredo Cardenas filed a Complaint against Defendant, 11551 — 11652 York Avenue, LLC, and DOES 1 through 20. The Complaint alleges causes of achon for: (1) Breac of Contract; (2) Breach of the Implied Warranty of Habitability/Tenantability; (3) Breach of the Implied Warrant of Quiet Enjoyment; (4) Negligence; (5) Nuisance; and (6) Retaliatory Acts (Violation of California Civil Code S 1942.5. Defendant now seeks to quash Service of Summo...
2023.09.01 Motion for Terminating and Issue Sanctions, for Monetary Sanctions 145
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.09.01
Excerpt: ...r Monetary Sanctions of $11,568.40 (2) Plaintiff's Motion for Terminating, Issue, and Evidence Sanctions against Southwest Airlines Co. RE: Inspection Demands; Requests for Monetary Sanctions of $16,568.40 Tentative Rulings: (1) Plaintiff's Motion for Terminating and Issue Sanctions against Southwest regarding interrogatory responses is Denied. The Court instead is issuing orders for further discovery responses and denying the cross- requests for...
2023.08.31 Motion for Final Approval of Class Action and PAGA Settlement 784
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.31
Excerpt: ...UNG A. Factual Plaintiff Ulysses A. Rivas (“Plaintiff”) seeks final approval of the proposed $105,000 class action settlement. Plaintiff notes the class members were given notice on May 26, 2023 by U.S. mail. The deadline for responding to the Class Notice expired on July 25, 2023, and to date, there have been no objections to the settlement. Plaintiff further notes there have been no opt outs. B. Procedural On August 10, 2023, Plaintiff file...
2023.08.31 Motion for Terminating and Further Monetary Sanctions or Evidence and Further Monetary Sanctions 918
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.31
Excerpt: ...er Monetary Sanctions (2) Trial Setting Conference Tentative Rulings: (1) Unless Plaintiff presents proof before or at the hearing that the promised verified written responses and production of documents have been delivered to defense counsel, the Court will impose an issue preclusion sanction barring Plaintiffs from using at trial any photographs, receipts, Health Department reports, pest control records, or written communications from Plaintiff...
2023.08.31 Motion for Summary Judgment, Adjudication 519
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.31
Excerpt: ...djudication ¿ Tentative Rulings: (1) DENIED I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On September 10, 2021, plaintiff Tony Talbert filed a complaint against Defendants, Marina Adams, DDA, a Professional Dental Corporation dba New Image Dental; Marina Adams, DDC, Jay Layson, DDS, Rachal Liverman, DDS, Ahmed Mataria, DDS, and DOES 1 through 30. On March 23, 2022, Plaintiff filed a First Amended Complaint (“FAC”) for: (1) dental malpractice, (2) l...
2023.08.31 Motion for Summary Judgment, Adjudication 554
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.31
Excerpt: ...Summary Judgment, or in the alternative, Summary Adjudication (2) Hagen's Motion for Summary Judgment, or in the alternative, Summary Adjudication Tentative Rulings: (1) and (2) Discuss. The Court has outlined below issues for discussion at the oral argument as to both of the motions. On the TORC motion, the Court will take argument on whether the remain triable issues bearing on exceptions to the Privette Doctrine. I. BACKGROUND¿¿ ¿¿ A. Fact...
2023.08.30 Motion to Compel Production of Vehicle for Inspection 610
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.30
Excerpt: ...ith conditions I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On August 28, 2020, Plaintiff, Earl Brown and Shonte Powers (collectively “Plaintiffs”) filed a Complaint against Mercedes-Benz USA, LLC, and DOES 1 through 10. The Complaint alleges causes of action for: (1) Statutory Violation of California Civil Code section 1793.2(d)—Failure to Repurchase/Replace; (2) Statutory Violation of California Civil Code section 1794(b)—Failure ...
2023.08.30 Motion to Compel Deposition 153
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.30
Excerpt: ...J hearing, and the trial, should be continued to allow full depositions of the experts rather than the narrow ambit of a St. Mary Deposition ¿ Plaintiff brought this ex parte application to compel the deposition of Toyota's expert Elizabeth Raphael. The case is set for jury trial on November 20, 2023 and Toyota has a pending motion for summary judgment scheduled to be heard on September 21, 2023, a month before the motion cut-off date but after ...
2023.08.30 Motion for Attorney Fees 458
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.30
Excerpt: ... The Court will take oral argument as to how a case Ford's counsel has sworn under penalty of perjury to have been settled in the Fall of 2022 did not resolve until late Spring of 2023 with a substantial increase in the amount now sought for attorneys fees ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On June 9, 2022, Plaintiff, Ivan Villarreal (“Plaintiff”) filed a “Lemon Law” Complaint against Defendant, Ford Motor Company, and DOES 1 thr...
2023.08.29 Demurrer, Motion to Strike 008
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.29
Excerpt: ... (1) Defendants' Demurrer is SUSTAINED as to the fraud cause of action, with leave to amend (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 Management & Sales, Inc., Tim Kelley, and DOES 1 through 10. On November 16, 2022, Plaintiff filed a First Amended Complaint. On May 18, 2023, Pla...
2023.08.28 Motion for Trial Preference 569
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.28
Excerpt: ...of 2023 and a possible case management order to modify the usual time periods under the Discovery Act including the time for demand and exchange of experts. The Court will continue the trial into 2024 on proof in a later motion that she is not making herself available for deposition or IME I. BACKGROUND¿¿ A. Factual¿¿ ¿ On December 21, 2022, Plaintiff, Shirley Ogle (“Plaintiff”) filed a Complaint against Defendant, Wo Choi (“Defendant�...
2023.08.24 Motion to Compel Further Responses 822
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.24
Excerpt: ...tative Rulings: (1) Motion for Order to Compel Further Responses to Plaintiff's Requests for Production of Documents, Set One I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On November 5, 2023, Plaintiff, DSG International, LLC (“Plaintiff”) filed a Complaint against Defendant, General Motors, LLC, and DOES 1 through 50. The Complaint alleges causes of action for: (1) Violation of Civil Code Section 1793.2 (d); (2) Violation of Civil Code...
2023.08.24 Application for Right to Attach Order and Writ of Attachment 613
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.24
Excerpt: ...ttachment ¿¿ Tentative Rulings: (1) GRANTED, assuming the defense has no objection to the $95,000 figure. I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On July 22, 2022, Plaintiff, S.F.I. Ltd., L.P. d/b/a Figueroa Business Center (“Plaintiff”) filed a Complaint against Defendants Exulaser, Inc. and Martin Diego Garcia, and DOES 1 through 20. The Complaint alleges causes of action for: (1) Breach of Written Contract; and (2) Common Coun...
2023.08.23 Motion to Compel Arbitration 323
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.23
Excerpt: ...�¿ ¿¿ A. Factual¿¿ ¿¿ On February 3, 2023, Plaintiff, Alejandro 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. The Complaint is based on a September 29, 2022 purchase by Plaintiff of a 2021Honda Accord with correspon...
2023.08.22 Motion for Judgment on the Pleadings 671
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.22
Excerpt: ...(1) GRANTED with 20 days leave to amend. I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On May 26, 2023, Plaintiff, Lambe B. Papoulias (“Plaintiff”) filed a Complaint against Defendants, Volkswagen Group of America, Inc. and County-Wide Rambler, Inc. dba Volkswagen of Garden Grove, and DOES 1 through 10. The Complaint alleges causes of action for: (1) Violation of Song-Beverly Act – Breach of Express Warranty; (2) Violation of Song-Beverly Act ...
2023.08.21 Motion to Continue Trial 554
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.21
Excerpt: ...g date of the daughter of one of trial counsel, such as late April of early May 2023. Permit Matrix to bring its MSJ to be scheduled off that continued trial date ¿¿ Matrix' ex parte application to continue the trial was initially heard on August 4, 2023. At that time, the Court indicated its intention to continue the trial, but to enable interested parties to submit declarations or briefs bearing on two issues: when the new trial date should b...
2023.08.18 Motion for Attorney Fees, to Strike or Tax Costs 079
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.18
Excerpt: ...ttorneys' Fees is GRANTED. The Code Enforcement letter from the City does not change the Court's previous tentative ruling. (2) The Plaintiffs' Motion to tax the expert witness “costs” is GRANTED as the Court finds the Section 998 Offer to be unreasonable in the global view of the context of this litigation at the time the offer was made. ¿¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On June 27, 2023, this Court entered Judgment in Defendant,...
2023.08.18 Demurrer 003
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.18
Excerpt: ...ability or eat or drink without difficulty. ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On April 3, 2023, Plaintiff, Brian Whitaker (“Plaintiff”) filed a Complaint against Defendant, Allynn 2 Inc., and DOES 1 through 50. The Complaint alleges the following causes of action: (1) Violation of the Unruh Civil Rights Act; and (2) Violation of the California Disabled Persons Act. The Complaint is based on the fact that Allynn 2 Inc. owned “The Bake...
2023.08.17 Motion to Strike 353
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.17
Excerpt: ... A. Factual¿¿ ¿ On April 28, 2023, Plaintiffs, Juan Lemus and Charmain Agravante-Lemus filed a Complaint against Defendants, Robin Taporco, Jerelyn Taporco, and DOES 1 through 100. The Complaint alleges causes of action for: (1) Breach of Oral Contract; (2) Negligent Misrepresentation; and (3) Fraudulent Misrepresentation. On June 7, 2023, Defendants brought a Cross-Complaint against Plaintiffs, alleging causes of action for: (1) Breach of Ora...
2023.08.17 Motion to Dismiss or Stay Action Based on Forum Non Conveniens 782
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.17
Excerpt: ...l entertain oral argument as to whether venue would be more appropriate in Fresno County, Plaintiffs' residence, than Los Angeles County, and whether the balance of public and private interests would change were other parties such as those with Nevada domiciles or principal places of business were added as defendants ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On June 5, 2023, Plaintiffs, Michael Boggs and Christina Cohan (collectively “Plaintiffs...
2023.08.16 Motion for Sanctions 938
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.16
Excerpt: ...ri & Algorri, LLP in the amount of $7,500. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On June 1, 2022, Plaintiff, Voyager Indemnity Insurance Company (“Plaintiff”) filed this action against Defendants, Smiley Sean and Ramsey Sean as surviving heirs of Mark S. Sean, deceased (collectively “Defendants”). On July 20, 2022, Plaintiff filed a First Amended Complaint (“FAC”) alleging a cause of action for Declaratory Relief. This action ...
2023.08.15 Motion to Compel Further Responses 273
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.15
Excerpt: ...ESPONDING PARTY: Defendants, Jay H. Zimmerman and Thomas B. Zimmerman ¿¿¿ TRIAL DATE: March 18, 2024 ¿¿¿ MOTION:¿ (1) Motion to Compel Further Responses and to Compel Defendant, Jay H. Zimmerman's Production of Documents to Requests for Production, Set One (2) Request for Sanctions Tentative Rulings: (1) ARGUE (2) DEFER ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On April 11, 2022, plaintiff David R. Zimmerman, in his indi...
2023.08.15 Demurrer, Motion to Strike 970
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.15
Excerpt: ...berto Munoz ¿¿ TRIAL DATE: None set.¿ ¿¿ MOTION:¿ (1) Demurrer¿ (2) Motion to Strike ¿ Tentative Rulings: (1) Defendants' Demurrer is SUSTAINED (2) Motion to Strike is MOOTED ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On April 3, 2023, Plaintiffs, Graciela Munoz and Roberto Munoz (collectively, “Plaintiffs”) filed a Complaint against Defendants, Easton Dowe Jones, as an individual and trustee of the Easton and Hana Jones Family Tru...
2023.08.15 Demurrer, Motion to Strike 192
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.15
Excerpt: ...s to whether additional leave to amend should be granted. (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 (“FAC”) alleging causes of action for: (1) Negligence; and (2) Negligent Entrustme...
2023.08.14 Motion for Trial Preference 569
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.14
Excerpt: ...e management order to address the truncated time in which to conduct pleading motions, discovery, expert designations and depositions, and trial preparation. The Court will consider ordering shortened statutory deadlines (e.g., 20 days rather than 30 for discovery responses and prohibition on discovery extensions longer than 10 days without a stip and Court order, etc.), Court-enabled setting of motion hearing dates to avoid CRS system delays for...
2023.08.09 Motion to Set Aside 793
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.09
Excerpt: ... Set Aside (2) Defendant, Century 21 Peak's Motion to Set Aside Tentative Rulings: (1) GRANTED (2) GRANTED ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On March 17, 2023, Plaintiff, Jan L. Franklin (“Plaintiff”) filed a Complaint against Defendants, Coast to Coast Group, LLC, a California Limited Liability Company, Brenda Mendoza, an individual, Revision Investments, LLC, a California Limited Liability Company, Erasmo Reyes, an individual, Peak R...
2023.08.09 Motion to Compel Responses, for Sanctions 186
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.09
Excerpt: ...y Rojas, to Respond to Request for Production of Documents, Set One (3) Request for Sanctions Tentative Rulings: (1) Defendant's Motion to Compel Plaintiff, Ely Rojas, to Respond to Form Interrogatories, Set One is GRANTED. (2) Defendant's Motion to Compel Plaintiff, Ely Rojas to Respond to Request for Production of Documents, Set One is GRANTED. (3) Request for Sanctions is denied WITHOTU PREJUDICE. PLANTIFFS ARE GIVEN NOTICE THAT FAILURE TO COM...
2023.08.04 Motion to Compel Arbitration 002
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.04
Excerpt: ...The Court will discuss discovery status, what the claimed defect or defects might be in this case, and a possible trial date in early 2025 ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On April 3, 2023, Plaintiff, William Jones (“Plaintiff”) filed a Complaint against Defendants, Hyundai Motor America, Win Chevrolet Inc., d/b/a Win Hyundai Carson, and DOES 1 through 10. The Complaint alleges causes of action for: (1) Violation of Song-Beverly ...
2023.08.02 Motion to Compel Further Responses, for Monetary Sanctions 495
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.02
Excerpt: ...anctions Tentative Rulings: (1) Motion to Compel Further Responses to Requests for Production, Set One is GRANTED in part, subject to protective order, and subject to relevant time period as to be argued at the hearing. (2) Request for Monetary Sanctions is DENIED. ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On December 15, 2022, Plaintiff, Maria Cristina Angulo-Alcaraz (“Plaintiff”) filed a Complaint against Defendant, Ford ...
2023.08.02 Demurrer 579
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.02
Excerpt: ... 2023, Plaintiff, Gardner Management Inc. (“Plaintiff”) filed a Complaint against Defendants, Zvika Golan and Eriko Golan (collectively “Defendants”). The verified Complaint is for a residential unlawful detainer, alleging failure to pay rent. Defendants now file a demurrer. B. Procedural¿¿¿ ¿¿ On June 26, 2023, Defendants filed this demurrer. On July 19, 2023, Plaintiff filed an opposition. On July 25, 2023, Defendants filed a reply...
2023.08.02 Motion to Compel Further Responses, for Monetary Sanctions 385
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.02
Excerpt: ...agement Conference Tentative Rulings: (1) Motion to Compel Further Responses to Requests for Production, Set One is GRANTED, subject to oral argument as to exactly what additional documents are to be produced (2) Plaintiff's Request for Monetary Sanctions is DENIED. (3) The Court will discuss future scheduling after the hearing on the motion ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On December 7, 2022, Plaintiff, Desislava Col...
2023.08.01 Motion to Approve Proposition 65 Settlement and Stipulated Consent Judgment 311
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.01
Excerpt: ...t for Attorneys' Fees and Costs Tentative Rulings: (1) Plaintiff's Motion to Approve Proposition 65 Settlement and Stipulated Consent Judgment is GRANTED (2) Request for Attorneys' Fees and Costs is GRANTED but reduced to the $31,500 amount agreed upon I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On February 3, 2023, Plaintiff, Calsafe Research Center, Inc (“Plaintiff”) filed a Complaint against Defendant, Louisville Vegan Jerky Co., LLC. (“D...
2023.08.01 Demurrer 085
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.01
Excerpt: ...uled. Sufficient allegations have been presented. Whether Plaintiff can prove those allegations is a separate issue to be decided at trial or on a future dispositive motion I. BACKGROUND¿ ¿ A. Factual¿ ¿¿ On February 5, 2021, Plaintiff, Aries Global Logistics, Inc. (“Plaintiff”) filed a Complaint against Defendant, Valley of the Sun Cosmetics, LLC, and DOES 1 through 50. Plaintiff subsequently DOE'd in Defendants Ajmal Shehzad and Sofia ...
2023.07.31 Motions in Limine 545
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.31
Excerpt: ...nce of or reference to suicide: Tent: 402 Hearing MIL P-2 To Exclude Reference of or Reference to Defendants' Lack of Insurance, Weak Financial Condition, and status as a “Mom and Pop” Business: GRANT in part, DENY in part MIL P-4 to Exclude Evidence of or Reference to the Absence of Prior Similar Accidents: DENY, but defense will need to lay adequate foundation before such evidence is presented to the jury MIL P-5 to Exclude Evidence of or R...
2023.07.28 Motion to Compel Responses, for Sanctions 947
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.28
Excerpt: ...Form Interrogatories, Special Interrogatories, Requests for Production of Documents, and Requests for Admission, Set Two and Motion for genuineness and truth of any matters specified in Defendants' Requests for Admission be deemed admitted. (2) Request for Sanctions (3) Stipulation pending to continue trial into 2024 Tentative Rulings: (2) The MTCs are MOOTED by the tardy responses served on June 12, 2023, less than a week after the motions were ...
2023.07.28 Motion to Compel Further Production of Docs 525
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.28
Excerpt: ...Motion for an Order Compelling Defendant, Ultracor, inc.'s Further Production of Requested Documents as per Ultracor's February 2023 Statement of Compliance with Judge Reinert's Order granting the prior motion to compel. (2) Request for Sanctions ¿¿ Tentative Rulings: (1) GRANTED. Plaintiff's Counsel is directed to submit a proposed order specifying exactly what categories of documents are to be produced, whether per the February 2023 Statement...
2023.07.27 Motion for Summary Judgment, Adjudication 127
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.27
Excerpt: ...s: (1) Motion for Summary Judgment is GRANTED I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On November 2, 2022, Plaintiff, Optio Solutions, LLC (“Plaintiff”) filed a complaint against Defendants, Global United Solutions, Inc., Global Transport, John Silva, and DOES 1 through 10. The Complaint alleges a cause of action for a “bounced” check. Plaintiff notes that on December 16, 2022, Defendant Silva made a general appearance in the action upon fi...
2023.07.27 Motion for Protective Order 101
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.27
Excerpt: ...: (1) The Court will issue a nunc pro tunc order vacating the protective order inadvertently entered by the Court on June 16, 2023 (2) The Court will take oral argument as to revisions to the Defendants' proposed protective order that reduce the claimed “onerous” provisions (3) Pending agreement or disagreement on a revised protective order, the Court will order a limited scope of dissemination and publication of documents produced after June...
2023.07.27 Motion to Compel Arbitration 341
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.27
Excerpt: ...rbitration (2) Dealer's Motion to Compel Arbitration Tentative Rulings: (1) DENIED. The Court determines Ochoa to be better reasoned than Felisilda (2) JRDTSP LLC, d/b/a Scott Robinson Chrysler Dodge Jeep Ram's Motion to Compel Arbitration is mooted by Plaintiff's dismissal of the dealer. ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On February 7, 2023, Plaintiff, Allison Wilson (“Plaintiff”) filed a Complaint against Defendants, FCA US, LLC...
2023.07.27 Motion to Compel Further Responses, for Sanctions 462
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.27
Excerpt: ... to Special Interrogatories, Set Two (2) Motion to Compel Further Responses to Request for Production of Documents, Set Two (3) Request for Sanctions Tentative Rulings: (1) Plaintiffs' Motion to Compel Further Responses to Special Interrogatories, Set Two is GRANTED. Verified further responses, without objections, shall be provided on or before August 18, 2023 with a signed proof of service (2) Plaintiffs' Motion to Compel Further Responses to Re...
2023.07.25 Motion to Continue Trial 545
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.25
Excerpt: ...ediate this case with Judge Kauffman (ret.), and as to whether a very brief postponement until the remining plaintiffs have been deposed is a viable option I. BACKGROUND¿ ¿ A. Factual¿ On August 6, 2019, Plaintiffs filed their Complaint. Plaintiffs' operative First Amended Complaint (“FAC”) was filed on January 5, 2021. Plaintiffs allege the following facts. Plaintiffs' decedent was a pedestrian operating a wheelchair. On December 13, 2017...
2023.07.25 Motion for Change of Venue 781
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.25
Excerpt: ...um-connected location than Los Angeles County for the case to be litigated and tried I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On March 17, 2023, Plaintiff, Calsafe Research Center, Inc (“Plaintiff”) filed a Complaint against Defendant, Maruchan, Inc. (“Defendant”) and DPES 1 through 10. On May 5, 2023, Plaintiff filed a First Amended Complaint (“FAC”) alleging a cause of action for: (1) Violation of Proposition 65. The facts in this...
2023.07.25 Demurrer, Motion to Strike 583
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.25
Excerpt: ...� MOTION:¿ (1) Demurrer¿ (2) Motion to Strike (3) CMC scheduled for August 8, 2023 ¿ Tentative Rulings: (1) SUSTAINED. Plaintiff should be prepared to argue whether he truthfully can amend to overcome the pleading defects discussed below (2) MOOTED (3) DISCUSS. If the tentative stands, and if Plaintiff cannot amend in good faith, there will be no reason to maintain a CMC on calendar. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On February 28...
2023.07.25 Demurrer 112
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.25
Excerpt: ...STAINED. Discuss whether Plaintiff can fairly amend to avoid the inconsistencies between the FAC and its incorporated exhibits, discuss the sham pleading argument raised in the Demurrer, and discuss whether Plaintiff can sufficiently amend to overcome the other pleading defects outlined in the Demurrer I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On November 1, 2022, Plaintiff, Reza Abolahrar (“Plaintiff”) filed a Complaint against Defendants, ...
2023.07.21 Demurrer 563
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.21
Excerpt: ...led.) (2) Ocean Recovery, LLC (No Opposition filed.) TRIAL DATE: None set MOTION: (1) Defendants, Scottsdale Indemnity Company, Nationwide Mutual Insurance Company, and Scottsdale Insurance Company's Demurrer to SAC (2) Defendant, Sullivan Curtis Monroe Insurance Services, LLC's Demurrer to SAC, with motion to strike (3) Plaintiff's Ex Parte Application for Leave to File Third Amended Complaint (4) Case Management Conference Tentative Rulings: (1...
2023.07.20 Motion to Compel Production, for Sanctions, Demurrer to FAC 911
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.20
Excerpt: ...r Production, Requests for Admission, Special Interrogatories and Form Interrogatories. (2) Defendant Lil' Wave's Motion to Compel Requests for Production, Requests for Admission, Special Interrogatories and Form Interrogatories. (3) Request for Sanctions (4) Demurrer to First Amended Complaint ¿¿ Tentative Rulings: (1) Defendant Dodson's Motion to Compel GRANTED. (2) Defendant Lil' Wave's Motion to Compel GRANTED. (3) Sanctions DENIED without ...
2023.07.20 Motion for Summary Judgment, Adjudication 002
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.20
Excerpt: ...¿¿ A. Factual¿¿ On October 20, 2022, Plaintiff, American Express National Bank (“Plaintiff”) filed a Complaint against Defendant, Sandi Love. The Complaint alleges a cause of action for Common Count. Plaintiff now files a Motion for Summary Judgment or in the alternative, Motion for Summary Adjudication. ¿¿ B. Procedural¿¿ On February 27, 2023, Plaintiff filed a Motion for Summary Judgment. To date, no opposition has been filed. Plain...
2023.07.18 Motion to Quash or Modify Subpoena 265
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.18
Excerpt: ...Grant Modification of the SDT as detailed in the last paragraph of this ruling I. BACKGROUND¿ ¿ A. Factual¿ Plaintiff Doe filed this action against Defendants Innovative Fertility Center, Mark J. Rispler (collectively “Defendants”), and Does 1-50 on September 9, 2021. On November 15, 2021, Plaintiff filed a First Amended Complaint (“FAC”) against Defendants alleging the following causes of action: (1) Battery; (2) Sexual Battery; (3) M...
2023.07.18 Motion for Preliminary Approval of Class Action and PAGA Settlement 881
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.18
Excerpt: ...ive Rulings: (1) Defendant's Motion to Strike is GRANTED According to the Settlement Agreement, the checks will be mailed by first class mail, but how will the Class Notice be sent? Does counsel have dates to propose for the future hearing and mailings, etc. that are left blank? ¿¿ ¿ I. BACKGROUNG A. Factual On OctoNotice, Plaintiff, Mark Sailas, individually, and on behalf of aggrieved employees pursuant to the PAGA, filed a Complaint against...
2023.07.18 Motion for Leave to File Complaint 545
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.18
Excerpt: ...he Plaintiffs are willing to stipulate to continue the trial. Weighing heavily on the Court on this motion is the fact that the motion is being heard two week before trial in a case that was filed in 2019 I. BACKGROUND¿ A. Factual¿ ¿¿ On August 6, 2019, Plaintiffs filed their Complaint. Plaintiffs' operative First Amended Complaint (“FAC”) was filed on January 5, 2021. Plaintiffs allege the following facts: Plaintiffs' decedent was a pede...
2023.07.18 Motion for Determination of Good Faith Settlement 034
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.18
Excerpt: ...tative Rulings: (1) GRANTED. However, the Court will take oral argument from COIT as to the existence and evidence supporting an express contractual indemnity agreement between COIT and Safety-Kleen, and will take argument as to whether COIT participated in the settlement discussions with Plaintiffs that led to Safety-Klee's settlement, i.e., did Plaintiffs make a settlement offer to COIT as well? I. BACKGROUND¿ ¿ A. Factual¿ On February 21, 2...
2023.07.17 Motion for Leave to Amend and File FAC, for Trial Preference 101
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.17
Excerpt: ...ile FAC (2) Motion for Trial Preference ¿ Tentative Rulings: (1) Plaintiff's Motion for Leave to Amend and File FAC is to be ARGUED, especially why the intentional tort allegations were not included in the original pleading (2) Plaintiff's Motion for Trial Preference is GRANTED, with a trial date of November 13, 2023 and an FSC on November 1, 2023. (3) The Court will discuss with counsel a Case Management Order to address the truncated time in w...
2023.07.17 Motion to Set Aside Judgment 707
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.17
Excerpt: ...iscuss the requested item 2 of the proposed order, given that the Clerks' office somehow accepted Defendants'' Answer for filing after the default had been entered. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On March 9, 2023, Plaintiff, Claire Tehan Ravizza, individually, and as trustee of The Ravizza Family Trust (“Plaintiff”) filed a Complaint against Defendant, Jorge Sanchez, Gabrielle K. Sanchez, and Does 1 through 20. The Complaint al...
2023.07.14 Motion to Enforce Settlement Agreement 873
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.14
Excerpt: ...s are limited to the terms of the signed "short-form" mediator settlement agreement. Defendants are to submit a proposed order consistent with this Tentative Ruling unless the Court is persuaded otherwise by oral argument at the hearing . BACKGROUNDé A. Factuali This lawsuit alleging bodily injury and emotional distress damages arises from a long-term tenancy where Plaintiff rented an apartment in Hermosa Beach allegedly owned by Defendant Dorot...
2023.07.14 Motion to Compel Arbitration 531
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.14
Excerpt: ...¿ On February 23, 2023, Plaintiffs, Somaya G. Ishaq and Spectre Holdings, LLC (“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 section 1793.2(a)(3); (4) Breach of Express Written Warranty – Civil Code § 1791.2 (a), Section 1794; and (5) Brea...
2023.07.13 Motion for Judgment on the Pleadings 508
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.13
Excerpt: ...the parties in this and the related matter before this Court have filed a variety of motions so that the Court is well acquainted with the two lawsuits and the allegations. Secondarily, the Court is disappointed that what is essentially a pleading motion has been filed many years after suit was filed, as to matters that might well have been addressed by demurrer or by a few specifically targeted contention interrogatories. The opposition papers a...
2023.07.13 Demurrer, Motion to Strike 204
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.13
Excerpt: ...ity to amend as the Opposition raises several issues which are susceptible of amendment if Plaintiff can overcome the claim-presentation defect. (2) Defendants' Motion to Strike is MOOTED. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On March 18, 2021, Plaintiff, Alan Hall (“Plaintiff”) filed a Complaint against Defendant, City of Lawndale (“Defendant”). On February 8, 2022, Plaintiff filed a First Amended Complaint (“FAC”). On Octob...
2023.07.12 Motion for Summary Judgment, Adjudication 791
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.12
Excerpt: ...djudication by Defendant JBT (2) MSJ as to individual Defendants Orquiola and Banda ¿ Tentative Ruling: (1) ARGUE. Even though the motion is unopposed, the Court's review of Defendants' evidence may raise a triable issue of fact as to what discipline and suspension policies applied to Plaintiff, and whether he did or did not violate them. While the motion characterizes the FAC as a claim for termination in violation of public policy, the Court r...
2023.07.12 Application for Writ of Possession 523
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.12
Excerpt: ...Tentative Rulings: (1) Plaintiff's Application for Writ of Possession is GRANTED. I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On February 23, 2023, Plaintiff, VW Credit Inc., a corporation dba VW Credit Leasing LTD, filed a Complaint against Defendants Deloria Brendell King aka Deloria B. King aka Deloria King, an individual, Krash Collision LLC, Korman Redd, Sr., aka Korman Redd individually and dba Krash Collision, California Department ...
2023.07.11 Motion to Consolidate 987
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.11
Excerpt: ...TCV48987 – June 10, 2024 22STCV17938 – Not Set. ¿ MOTION:¿ (1) Motion to Consolidate Tentative Rulings: (1) GRANT in part. The Court in its discretion finds good cause to consolidate the two cases for discovery purposes but not for trial ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ This motion involves two cases. First, Case No. 20STCV48987, Smiley Sean and Ramsey Sean, as surviving heirs of Mark S. Sean, deceased v. Samantha N. Herasme, et al....
2023.07.07 Motion to Compel Further Responses 095
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.07
Excerpt: ... Discuss which DFP categories remain in dispute (2) GRANT I. BACKGROUND¿ ¿ A. Factual¿ ¿¿ On February 9, 2022, Plaintiff Carlo A. Coppola (“Plaintiff”) filed a complaint against Defendant Luxe H2O, incorporated (“Luxe”) and DOES 1 through 100 for the following causes of action: (1) negligence; (2) breach of contract; and (3) breach of express warranty. This matter involves allegations of construction defects and damages to Plaintiff'...
2023.07.07 Motion to Compel Deposition, for Monetary Sanctions 893
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.07
Excerpt: ...o the deposition; deferred as to the production of documents at deposition. The Court will order Plaintiff's counsel by July 14, 2023 to offer at least three weekdays in the months of July or August when Dr. Lavi can be deposed (2) Monetary sanctions GRANTED in the reduced amount of $2,100, based on plaintiff's counsel's failure to meet and confer in good faith. Sanctions are awarded solely against Mr. McCreary, are expressly discovery sanctions,...
2023.07.06 Motion to Compel Deposition 115
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.06
Excerpt: ...ession of Plaintiff's deposition is ordered, with LMU being granted up to five additional hours of questioning, not including breaks or within the day recesses such as for lunch. ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On February 17, 2022, John Doe (“Plaintiff”) filed this action. On March 16, 2022, Plaintiff filed a First Amended Complaint against Defendants, Loyola Marymount University (“LMU”) and Michael Mozilo (�...
2023.07.06 Motion for Attorney Fees 079
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.06
Excerpt: ...unt of $322,898.75. If Plaintiffs plan to appeal the fee award, the Court will stay the order to pay pending appeal. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On June 27, 2023, this Court entered Judgment in Defendants' favor. Defendants Clark and Sherry Hsu now file a motion for attorneys' fees as prevailing parties. B. Procedural¿¿ ¿ On June 9, 2023, Defendant Hsu filed a Motion for Attorneys' Fees. On June 22, 2023, Plaintiffs filed ...
2023.07.05 Motion to Compel Deposition, for Sanctions 625
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.05
Excerpt: ...ainst Mr. Ball Tentative Rulings: (1) GRANTED, and at Plaintiff's option whether the deposition will be conducted in person or remotely (2) GRANTED Monetary sanctions in the amount of $1,500, payable to Plaintiff's counsel on or before August 4, 2023 ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ This action involves a self-represented defendant. Plaintiffs are investors in various businesses allegedly established by Defendant, Mich...
2023.07.03 Motion to Set Aside or Vacate Entry of Default 757
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.03
Excerpt: ...ed below. The Court's edits to the May 9, 2023 Amended Judgment were intended to correct an internal inconsistency in the document. If Plaintiff believes the edits need to be corrected in order to reflect the parties' intent, the Court will vacate the May 9 Amended Judgment and await a second amended judgment. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On May 9, 2023, this Court signed off on a proposed Amended Judgment against all Defendants ...
2023.06.29 Motion for Summary Judgment, Adjudication 545
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.06.29
Excerpt: ...on ¿ Tentative Rulings: (1) DENIED, but the Court will entertain oral argument on specific points identified below. The Court tentatively finds that the First Amended Complaint DOES relate back to the original Complaint because the gravamen of the FAC's allegations against the moving defendant here is the negligent operation and movement of a motor vehicle, and the original complaint alleged negligent operation of a vehicle as a cause of the dec...
2023.06.29 Motion for Summary Judgment, Adjudication 244
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.06.29
Excerpt: ...e alternative, Summary Adjudication ¿ Tentative Rulings: (1) ARGUE as to the First, Second, and Third Causes of action, in light of the issues noted by the Court as to the duty to conduct a title search and Plaintiff's actual or constructive notice of the SCE's easement before Plaintiff contracted with Defendant, and GRANTED as to the Fourth cause of action. I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On March 29, 2022, Plaintiff, Onni Contractin...
2023.06.29 Demurrer, Motion to Remove Mechanic's Lien, Expunge Lis Pendens, for Attorney Fees 941
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.06.29
Excerpt: ...anic's Lien and Expunge Notice of Pending Action (3)Defendants, PCL and City's Motion for Attorneys' Fees Tentative Rulings: (1) Demurrer to SAC is SUSTAINED (2) Motion to Remove Mechanic's Lien and Expunge Notice of Pending Action is GRANTED (3) City's Motion for Attorneys' Fees is GRANTED in the amount of $20,000 I. BACKGROUND¿ ¿ A. Factual¿ ¿¿ On October 12, 2022, Plaintiff, Morley Construction Company filed a complaint against PCL Constr...
2023.06.28 Motion for Summary Judgment 032
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.06.28
Excerpt: ...¿¿ ¿¿ A. Factual¿¿ ¿¿ On January 13, 2022, Plaintiff, State Farm General Insurance Company (“State Farm”) filed a Complaint against Defendant, Kohler Co. (“Kohler”) stating causes of action for: (1) Negligence; (2) Strict Products Liability; and (3) Breach of Implied Warranties. On March 7, 2023, Kohler filed a Cross-Complaint against Cross-Defendants, Al Garcia's Plumbing, Heating, and Air Conditioning, Inc., Ashai Construction &...
2023.06.27 Motion to Enforce Settlement Agreement 873
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.06.27
Excerpt: ...ent with a 1542 waiver in exchange for a dismissal with prejudice, but the Court cannot enforce a claimed oral agreement (before the mediator rather than before the court) on what appears to be a material term requiring plaintiffto bear responsibility for resolving medical or legal liens. . BACKGROUNDé A. Factuali This lawsuit alleging bodily injury and emotional distress damages arises from a long-term tenancy where Plaintiff rented an apartmen...
2023.06.27 Motion for Attorney Fees 561
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.06.27
Excerpt: ...he parties according to principles of equity as authorized by Code of Civil Procedure § 872.140 to account for court costs and for deferred rulings on applications for contempt for Mr. Kunkel's obstreperous conduct during the litigation. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On February 21, 2020, Judge Deidre Hill entered an Interlocutory Judgment. Pursuant to the Judgement, it was ordered that the subject property be sold, and sale p...
2023.06.27 Demurrer 555
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.06.27
Excerpt: ...l¿¿ ¿ 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 (“FAC”) alleging causes of action for: (1) Negligence; (2) Negligent Supervision, Hiring, or Retention; and (3) Discrimination in Violation of the Americans with Disabilities Act. City of Gardena (“City”) ...
2023.06.16 Demurrer 870
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.06.16
Excerpt: ... Gallagher and Co. Insurance Brokers of California, Inc.), and Kathryn Bowen RESPONDING PARTY: Plaintiffs, Keith Feder M.D., and Keith S. Feder, M.D., Inc. ¿¿ TRIAL DATE: None Set. ¿¿ MOTION:¿ (1) Demurrer¿ ¿ Tentative Rulings: (1) Defendant's Demurrer is SUSTAINED with 20 days leave to amend. ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On March 23, 2023, Plaintiffs, Keith Feder, M.D., and Keith S. Feder, M.D., Inc. (“Plaintiffs”) file...
2023.06.15 Motion to Set Aside Judgment 569
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.06.15
Excerpt: ... against Dimitria Jenkins, and DOES 1 through 10. The Complaint alleges causes of action for: (1) Intentional Infliction of Emotional Distress; (2) Nuisance; (3) Negligence; and (4) Wrongful Eviction. Defendant, Dimitria Jenkins now files a Motion to set aside and vacate both the entry of default entered on September 9, 2022, and the $40,520 judgment entered on December 9, 2022. B. Procedural On May 2, 2023 Defendant Jenkins filed this Motion to ...
2023.06.13 Motion to Compel Responses 186
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.06.13
Excerpt: ...efendant'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 be thre...
2023.06.13 Demurrer to FAC, Motion to Strike 236
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.06.13
Excerpt: ...ent ¿ Tentative Rulings: (1) Defendant's Demurrer to the “Intentional Tort” cause of action is Sustained, with 20 days leave to amend (2) Defendant's Motion to Strike is mooted by the sustaining of the Demurrer, but counsel should consider Dawes and Taylor in drafting a possible Second Amended Complaint and a possible motion to strike that pleading (3) The CMC is continued to August 29, 2023 at 8:30 a.m. ¿ I. BACKGROUND¿¿ ¿¿ A. Factual�...

482 Results

Per page

Pages