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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...

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