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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 to Compel Further Responses 554
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.11.02
Excerpt: ...o Compel Further Responses to Requests for Production, Set One. (2) Request for Sanctions Tentative Rulings: (1) Motion to Compel is GRANTED as to inspection only. The Court's tentative ruling is to DENY the request for off-site potentially destructive testing. The Court may need oral argument to address several points as to the 9 categories of requested off-site and potentially destructive testing: (a) have other parties previously performed off...
2023.11.02 Motion to Compel Further Responses 137
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.11.02
Excerpt: ... Documents No. 13 to 16 Tentative Rulings: (1) GRANTED, except as to tax returns which have an independent basis for privilege. Oral argument as to a limited protective order as to the tax returns. I. BACKGROUND A.Factual Plaintiff filed his Complaint on February 11, 2020. Plaintiff filed his Second Amended Complaint on July 28, 2021. Plaintiff alleges the following facts: Plaintiff was a longtime friend and client of an attorney named Richard J....

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