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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 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...
2023.12.01 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 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...
2023.11.30 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 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...
2023.11.21 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 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 ...
2023.11.20 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 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....
2023.11.02 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...
2023.11.01 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 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 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, 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 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 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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