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2023.06.08 Motion to Contest Application for Good Faith Settlement 689
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.06.08
Excerpt: ...finds the settlement to be in good faith within the parameters set forth in Tech‐Bilt and its progeny. The Motion to Contest the good faith of the settlement is DENIED, (2) In as much as Mr. Berger has filed this motion on behalf of both PFS and Mr. Arciga, and has indicated his office never filed the required proof of service of the Court's 1/20/23 Order granting Mr. Berger's motion to be relieved as counsel, the Court on its own motion VACATE...
2023.06.08 Motion for Summary Judgment, Adjudication 302
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.06.08
Excerpt: ...st 7, 2023 ¿¿ MOTION:¿ (1) Motion for Summary Judgment, or in the alternative, Summary Adjudication ¿ Tentative Rulings: (1) CONTINUE (2) The Court will consider an oral motion by Plaintiff under Code of Civil Procedure section 473(b) for relief from the mistaken failure to use the required language for declarations to be admissible as if they were affidavits signed before a notary, and a brief continuance of the hearing to allow proper decla...
2023.06.08 Demurrer 594
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.06.08
Excerpt: ...eady on a second amended complaint and defendants previously demurred on statute of limitations grounds. The Demurrer to the fraud claim is overruled ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On August 12, 2021, Plaintiffs filed their Complaint. Plaintiffs allege that Plaintiffs and Defendant entered into a settlement agreement in Case No. YC072026, but Defendant breached the settlement agreement. On July 5, 2022, Plaintiffs filed a First ...
2023.06.07 Motion to Contest Application for Good Faith Settlement 689
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.06.07
Excerpt: ...finds the settlement to be in good faith within the parameters set forth in Tech‐Bilt and its progeny. The Motion to Contest the good faith of the settlement is DENIED, (2) In as much as Mr. Berger has filed this motion on behalf of both PFS and Mr. Arciga, and has indicated his office never filed the required proof of service of the Court's 1/20/23 Order granting Mr. Berger's motion to be relieved as counsel, the Court on its own motion VACATE...
2023.06.07 Demurrer 594
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.06.07
Excerpt: ...eady on a second amended complaint and defendants previously demurred on statute of limitations grounds. The Demurrer to the fraud claim is overruled ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On August 12, 2021, Plaintiffs filed their Complaint. Plaintiffs allege that Plaintiffs and Defendant entered into a settlement agreement in Case No. YC072026, but Defendant breached the settlement agreement. On July 5, 2022, Plaintiffs filed a First ...
2023.06.06 Motion to Compel Responses 984
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.06.06
Excerpt: ...require counsel appearing on this hearing to appear BY VIDEO, not by telephone, to discuss the issues noted in this Tentative Ruling during the hearing (2) The Court is setting cases for trial in the Fall of 2024 I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On October 19, 2022, Gail Chelebian (“Plaintiff”) filed a complaint against General Motors LLC (“GM”). On January 12, 2023, Plaintiff filed a First Amended Complaint (“FAC”) ...
2023.06.06 Motion for Judgment on the Pleadings 257
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.06.06
Excerpt: ...entative Rulings: (1) Motion for Judgment on the Pleadings is GRANTED, as the Third and Fourth Causes of Action --as currently alleged against Defendant Post -- would be time barred, and the 5 th cause of action fails to state a claim. But the Court will grant 20 days' leave to amend the 3 rd and 4th causes of action based on the “discovery rule” contentions raised in the Opposition brief and to address the Ixchel rule. Plaintiff has abandone...
2023.06.06 Demurrer, Motion to Strike 918
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.06.06
Excerpt: ...aw requires greater factual specificity when a Lemon Law plaintiff seeks to include a fraud, fraudulent concealment, or 17200 injunction cause of action in a Song-Beverly Act case (2) Defendants' Motion to Strike is MOOTED by the sustaining of the Demurrer ¿¿ ¿ 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 thr...
2023.06.05 Demurrer 711
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.06.05
Excerpt: ...rtificates, WMalt Senes 2007-0k Not Set. (1) Demurrer (1) OVERRULED. On May 26, 2023, Plaintiff U.S. Bank NA Successor Trustee to Bank of America, NA successor in interest to LaSalle Bank NA, as trustee, on Behalf of the Holders of the Washmgton Mutual mortgage Pass-Through Certificates, WMALT senes 2007-0A3 ("Plaintiffs") filed a Complaint against Vili Ioane, John B. Lockhart and Pele L Lockhaft, and DOES 1 through X, inclusive. The Complaint al...
2023.06.02 Motion to Set Aside Judgment, for Attorney Fees 217
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.06.02
Excerpt: ...D (2) Motion for Attorneys Fees GRANTED in the amount of $24,990.50, and costs of suit totaling Sl,541.50. On March 24, 2022, Plaintiff Financial Services Vehicle 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) Breach of Contract; (2) Common Count; (3) Claim & Delivery; and (4) Conversion. This action arises out of Plaintiffs cla...
2023.06.01 Motion to Compel Entry Onto and Inspection of Properties 625
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.06.01
Excerpt: ...session, custody or control" of the two facilities as to which access is being sought Being an mvestor in an LLC that uses the warehouse facility is not sufficient This action involves an self-represented defendant. Plaintiffs are investors in various businesses established by Defendant, Michael Ball ("Defendant) in which Defendant is appointed manager of the investments upon an agreement to provide Plaintiffs With unfettered access to the Busine...
2023.06.01 Motion to Set Aside Judgment, Claim of Exemption 569
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.06.01
Excerpt: ...of exemption is mooted by the vacating of the default judgment On July 12, 2022, Plaintiff, Angelo Colon filed a Complaint 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, ...
2023.06.01 Motion to Compel Production of Docs 660
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.06.01
Excerpt: ...ts (1) ARGUE On September 7, 2021, Plaintiff filed this action against Defendant for Breach of Contract and Was te. Plamtiff asserts that on April 11, 2022, it propounded a Demand for Inspection to Defendant, seeking 10 categories of duuments. Plaintiff asserts that Defendant served a June 15, 2022 written response verified by Mr. Davidson that it would produce the documents, but did not produce any documents. Plaintiff notes that It advised Defe...
2023.05.31 Motion to Quash, to Stay Proceedings 017
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.05.31
Excerpt: ...c limitations on the scope of the SDT and on use of the MBPD records, and particularly the ability of the parties to enter into a protective order. The Court intends to balance the legitimate discovety interests of the plaintiff and the legitimate privacy interests of the Defendant in a way that shields Defendant from unwarranted dissemination of music compositions that are subject to Non-Disclosure Agreements and tax records privileged from disc...
2023.05.31 Motion to Dismiss, to Set Aside Default 793
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.05.31
Excerpt: ...is GRANTED, subject to reimbursement to Ms. Perez of her security deposit plus interest since March 24, 2023 (2) Defendants Motion to Set Aside Judgment is DENIED.L On September 20, 2022, Plaintiff filed a filed a claim for Unlawful Detainer against Defendants, Rachel Merya Perez and Jesse Garza Perez. On January 30, 2023, the parties filed an Unlawful Detainer Stipulation for Judgment Plamtiff filed a Motion to Dismiss, and Plaintiff filed a Mot...
2023.05.31 Motion to Compel Verification of Inspection Demand Responses, Further Responses 145
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.05.31
Excerpt: ...ments Demanded Thereby in Response to Demands Nos. 1-12, 15-34 & 37-55, and to Provide Privilege Log. (1) Motion for Order Compelling Verification of Inspection Demand Responses by Defendant Southwest Airlines Co. and To Compel Further Responses and the Production of Documents Demanded Thereby in Response to Demands Nos. 1-12, 15-34 & 37-55, and to Provide Privi ege Log is GRANTED in part and DENIED in part. Plamtiff notes that on August 1, 2022,...
2023.05.30 Demurrer 183
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.05.30
Excerpt: ...ley, Eddie Suber, and DOES 1 through 100. The Complaint alleges causes of action for: (1) Violation of California Civil Code 5 1942.4; (2) Tortious Breach of the Warranty of Habitability; (3) Private Nuisance; (4) Business and Professions Code 5 17200, et seq„ (5) Negligence; (6) Breach of Covenant of Quiet Enjoyment; (7) Intentional Infliction of Emotional Distress; (8) Negligence Per Se; (9) Violation of Consumer Legal Remedies Act California...
2023.05.26 Motion for Extension of Time to Respond 467
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.05.26
Excerpt: ...tension of Time to Respond to Form Interrogatories, Set One. (2) Plaintiffs Motion for Extension of Time to Respond to Special Interrogatories, Set One. (3) Plaintiffs Motion for Extension of Time to Respond to Demand for Production of Documents, Set One. (1) GRANTED. Verified Responses shall be due by June 2, 2023 (2) GRANTED. Verified Responses shall be due by June 2, 2023 (3) GRANTED. Verified Responses and mitial document production shall be ...
2023.05.25 Motion to Quash 389
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.05.25
Excerpt: ...t is inclined to consider the MTQ Moot as the date set in the SDT appears to have passed before it was served (2) The Court offers itselfto preside over a VSC and/or IDC on June 8, 2023 at 1:30 p.m. if the parties are willing to stipulate to the trial judge acting as a settlement officer On October 21, 2022, Petitioner, Alan Elias ("Petitioner"), filed a Writ of Mandate agamst Respondent, West Coast Laboratories, Inc. ("Respondent' or "WCL".) On ...
2023.05.25 Motion to Compel Arbitration 590
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.05.25
Excerpt: ...Motion to Compel Arbitration is DENIED. On February 28, 2023, Plaintiff GoSmart Inc. dba Design Support ("Plaintiff') filed the instant action agamst Defendants Tomaro Custom Homes Inc. Oomaro"), Joe Tedeschi aedeschi"), Knickerbocker & Associates ("Knickerbocker), and DOES 1 through 200. Plaintiffs causes of action include: (1) Breach of Written Contract; (2) Breach of Oral Contract; (3) Quantum Meruit; (4) Unjust Enrichment; (5) Intentional Int...
2023.05.24 Demurrer, Motion to Quash 644
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.05.24
Excerpt: ...an Iraq, LLC, and Rod Zastrow. Plaintiff, GSO International, Inc. Not Set. (1) Demurrer (2) Motion to Quash (1) Mooted or atleast deferred pending MTQ outcome (2) Grant but the Court will hear argument as to whether leave to amend the Complaint could cure the Plaintiffs failure to overcome specially appearing defendants' evidence On December 30, 2022, Plaintiff, GSO International, Inc. ("Plaintiff') filed a four-count Complaint agamst multiple De...
2023.05.16 Motion to Confirm Arbitration Award 008
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.05.16
Excerpt: ...etitioner, Nardiello Law Firm filed a motion petitioning this Court to Confirm an Arbitration Award. There was an imtial hearing on this motion on March 14, 2023, where the Court posted a written tentative ruling. Give that defendant is self represented litigant who states he has little if any experience with litigation matters, the Court continued the hearing and set a briefing schedule so Defendant could file any opposing briefs or evidence he ...
2023.05.11 Motion to Compel Further Responses, for Monetary Sanctions 429
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.05.11
Excerpt: ...er Responses to Request for Admission, Set One. (1) Motion for an Order to Compel Plaintiff to Provide Further Responses to Requests for Admission, Set One is mostly DENIED but partly GRANTED. Monetaty sanctions are denied On September 30, 2022, Defendant PWC Enterprises Inc. dba Southeastern Filtration & Equipment Systems ("PWC") notes that It served Plaintiff Requests for Admission, Set One. PWC notes the responses were due on November 1, 2022....
2023.05.11 Demurrer, Motion to Strike, Writ of Attachment 897
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.05.11
Excerpt: ...ULED but SUSTAINED in part if the parties have not reached the settlement discussed With the Court on May 8, 2023 (2) Defendants Motion to Strike is DENIED (3) CONTINUE On October 17, 2022, Plaintiff, Hillcrest Ventures, LLC ("Plaintiff) filed a Complaint against Defendants, Beverly Hills Glass, Inc, Richard Jastrow, and DOES 1 through 50. The Complaint alleges causes of action for: (1) Breach of Oral and Implied In Fact Contract; (2) Breach of t...
2023.05.11 Motion to Compel Production of Accounting Docs 302
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.05.11
Excerpt: ...„ an individual; and DOES 1 through 20 Plaintiff, Zouki for America Corporation, a Delaware Corporation. August 7, 2023 (1) Motion to Compel Plaintiff to Produce Native Accounting Documents (1) Motion to Compel Plaintiff to Produce Native Accounting Documents is GRANTED. A verified written response per CCP S 2031.230 is required attesting to the Plaintiffs inability to comply and why. If such a verification is given, Plaintiff should produce th...
2023.05.11 Motion to Strike 641
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.05.11
Excerpt: ...counsel to represent him in this area as the laws pertaining to these type of claims are detailed and technical, even for lawyers. The Demurrers brief outlines some of the procedural steps that a plaintiff in a child sexual assault case who is now over 40 years of age must follow, and that the self-represented plaintiff here did not follow On December 20, 2022, Plaintiff, Carlos Mestanza ("Plaintiff) filed a complaint agamst Defendant ("Roman Cat...
2023.05.10 Demurrer 867
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.05.10
Excerpt: ...and Plaintiff Rafael Torres filed First Amended Complaint ("FAC") against defendants Technion Contractors TCI, Inc. ("TCI"), Suttles Plumbing, Inc. ("Suttles"), and Does 1 through 50, alleging one cause of action for negligence arising out of a construction project for the Los Angeles Unified School District at Paseo Del Rey Elementary School in Playa Del Rey (the "Property"). Defendants were alleged to be negligent in the construction of the gas...
2023.05.09 Motion to Quash 017
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.05.09
Excerpt: ...ation or prosecution, with the police file contents being subject to a document preservation order. In the Courts view, the SDT is overly broad, particularly given the lack of a bona fide meet and confer process and given the representations of defense counsel concerning inadvertent or intentional dissemination of the police reports contents previously. Alternatively, an in camera review of the contents of the investigative files might facilitate...
2023.05.09 Motion to Enforce Settlement Agreement 873
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.05.09
Excerpt: ... Agreement, but if Defendants seek to enforce an unsigned long-form agreement, ARGUE that motion. Defendant has informed the Court that on August 5, 2022, all parties participated in a mediation before Mediator Daniel Quinn. While the case did not resolve at that time, Mr. Quinn continued to facilitate settlement discussions. As a result of which the parties agreed to resolve this matter for $200,000 as follows: Defendant Dorothy Kovich Klein, th...
2023.05.09 Motion to Dismiss Under Forum Non-Conveniens 520
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.05.09
Excerpt: ...dants, Thomas Blackburn and LYFT, Inc. Since then, Defendant, Thomas Blackburn has been dismissed. The Complaint alleges causes of action for (1) Motor Vehicle Negligence; and (2) General Negligence. Plaintiff alleges that on February 11, 2021, she was a passenger in a vehicle driven by a ride-share driver connected to Defendant Lyft when that vehicle was involved in a collision at "Highway 183 at Austin- Bergstrom Intl airport." (Requestfor Judi...
2023.05.09 Motion to Compel Deposition 085
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.05.09
Excerpt: ...D. The deposition wnll go forvvard without regard to when a Second Amended Complaint is filed. 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 Shehzad. On September 20, 2022, Plaintiff filed a First Amended Complaint alleging causes of action for: (1) Breach of W...
2023.05.09 Demurrer, Motion to Strike 477
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.05.09
Excerpt: ...SBs, but the Court can take judicial notice that TSBs are given to NHTSAwhichin turn makes them publicly available. Complaint 1 125 and 126 alleges that "none of this information was available to the public" and that GM "had exclusive knowledge of the defect" and actively concealed information from the public. The Court's tentative is that Plaintiff needs to make further allegations as to GM's failure to disclose what are normally publicly availa...
2023.05.08 Motion to Set Aside or Vacate Entry of Default 077
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.05.08
Excerpt: ...a stand-alone document forthwith after reserving a hearing date through CRS. As a condition of granting the motion, the Court orders Ms. Bao to reimburse Plaintiffs counsel for the costs of the default application, fixed by the Court at S500. The payment by Ms. Bao or her counsel must be made on or before May 31, 2023. On February 1, 2022, Plaintiffs, LAT Group, Inc. and Qiandal Zhao ("Plaintiffs") filed a Complaint agamst Defendants, Manhong Zha...
2023.05.08 Motion for Reconsideration 636
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.05.08
Excerpt: ...ature recogrized that intervening changes in the law may render an earlier decision erroneous, "[i]f a court at anytime determines that there has been a change of law that warrants it to reconsider a prior order it entered, it may do so on its own motion." (Code Civ. Proc., S 1008(c).) . RECONSIDERATION IS GRANTED ON THE COURT'S OWN MOTION, conditioned on Plaintiff reimbursing Defendant for Defendant's payment any of any arbitration office fee. O...
2023.05.08 Motion for Leave to Amend FAC 431
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.05.08
Excerpt: ...Rambla Pacifico in Malibu, California 90265 (the "Property'). Since the Property is in a brush fire zone, Plamtiffs only option for fire insurance was to purchase it from California Fair Plan ("CFP"), California's fire insurer of last resort Besides purchasing a policy from CFP to insure the Property against the peril of fire (the "CFP Policy"), Plaintiff also purchased a supplemental homeowners' policy from Farmers Insurance Exchange ("Farmers")...
2023.05.05 Motion for Preliminary Approval of Class Action Settlement and Certification of Settlement Class 784
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.05.05
Excerpt: ...e of the percent of the class objectmg and how many members of the class were given notice (13 or some other number) and what percentage responded Plamtiff Ulysses A Rivas ("Plaintiff) seeks preliminary approval of the proposed class action settlement, which Defendant City of Manhattan Beach ("Defendant) do not oppose. Subject to court approval, Plaintiff and Defendant have agreed to settle Plaintiffs and the proposed Class Members' claims agains...
2023.05.05 Demurrer, Motion to Strike 192
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.05.05
Excerpt: ...hould be permitted. Plaintiffs counsel will need to discuss what a proposed amendment would entail (2) Motion to Strike is mooted by the sustaming of the Demurrer (3) The CMC wall be re-scheduled if leave to amend the Complaint is granted On November 9, 2022, Plaintiff, Luis Hernandez, Jr. ("Plaintiff') filed a complaint against Defendant, Del Amo Motorsports ("Defendant"), and DOES 1 through 50. The Complaint alleges causes of action for: (1) Ne...
2023.05.03 Motion to Seal and to be Referenced by Pseudonym 217
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.05.03
Excerpt: ...æANTED. On March 24, 2022, Plaintiff Financial Services Vehicle Trust by and through its servicer, BMW Financial Services, NA ("Plaintiff) filed this action against Defendant Doe A alleging causes of action for: (1) Breach of Contract; (2) Common Count; (3) Claim & Delivery, and (4) Conversion. This action arises out of Plaintiffs claim that Defendant did not abide by her lease agreement with South Bay BMW for the use of certain personal propert...
2023.05.03 Demurrer, Motion to Strike 547
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.05.03
Excerpt: ...sical Therapy Plaintiff Erica H. Leventhal July 7, 2023 (1) Defendant, Jamie Lu Dominguez's Demurrer (2) Defendant, Jamie Lu Dominguez's Motion to Strike (3) Defendants, Heather Seyfett, PT, and Physiotherapy Associates, Inc. dba Select Physical Therapy Demurrer (4) Seyferts Motion to Strike (1) SUSTAINED, with 20 days leave to amend (2) MOOTED by the sustaming of the intentional tort cause of action on which the pumtive damages allegations are p...
2023.05.02 Motion to Quash 919
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.05.02
Excerpt: ... proceeds were promptly dissipated in the Spring of 2020 to place the moneys out of the reach of creditors On March 1, 2021, Plaintiffs, Jesse Franklin Esphorst an individual, and as successor-in-interest to The Estate of Jesse Eric Esphorst, deceased (Plaintiff) filed this action against Defendants, Tung Ming, Kwan Cheung, Teddyland, LLC, and DOES 1 through 50. This case is the more recently filed oft•vvo related matters, this one involving cl...
2023.05.02 Demurrer, Motion to Strike 900
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.05.02
Excerpt: ...and DENIED in part ARGUE as to the inclusion of Mr. Collins as a defendant in the conversion cause of action. 30 days' leave to amend is granted as to most of the sustained claims, without leave to amend as to the labeled "possession of personal property" and "claim and delivery" claims that are not viable causes of action but instead are remedies. (2) Defendants Motion to Strike is mooted by the sustaining of the fraud cause of action with leave...
2023.05.02 Demurrer, Motion to Strike 087
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.05.02
Excerpt: ...ns for fraudulent concealment and SUSTAINED without leave to amend as to the first cause of action for battety and the third cause of action for MED. (2) Defendants Motion to Strike is DENIED. On August 7, 2019, Plaintiff first filed a complaint in this case. On lune 7, 2022, Plaintiff Jessica Zazueta ("Plaintiff') filed her First Amended Complaint ("PAC") against Defendants, Wyndham Worldw•lde Corporation; Wyndham Destinations, Inc.; Wingate b...
2023.04.28 Demurrer 253
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.04.28
Excerpt: ...imited Partnership ("Plaintiff') filed a verified complaint against Pacific Point Fund I, LP ("Defendant") and DOES 1 through 10. The verified complaint alleged a cause of action for promissory estoppel. This cause of action is based on the followmg facts: In September 2020, Borrower LOANCO allegedly took out a business-purpose loan for $1,360,000 from Defendant PPF as first lien secured by the Property. In December 2020, Borrower LOANCO apparent...
2023.04.27 Motion to Compel Further Responses, for Monetary Sanctions 545
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.04.27
Excerpt: ...r Responses to Special Interrogatories, Set One (1) Defendants Motion to Compel Further Responses to Requests for Production, Set One is DENIED (2) Defendants Motion to Compel Special Interrogatories, Set One is GRANTED in part, DENIED in part (3) The motions for monetary sanction are denied On August 6, 2019, Plaintiffs filed their Complaint Plaintiffs' operative First Amended Complaint ("FAC") was filed on January 5, 2021. Plaintiffs allege the...
2023.04.27 Demurrer to FAC 085
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.04.27
Excerpt: ...he PAC is due in 20 days 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 Shehzad. On September 20, 2022, Plaintiff filed a First Amended Complaint alleging causes of action for: (1) Breach of Written Contract; (2) Declaratoty Relief; (3) Injunctive Relief; (4) B...
2023.04.26 Motion to Compel Further Responses 545
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.04.26
Excerpt: ...ooted by the belated service of supplemental responses to the RFA's? If so, the motion to compel will be mooted but the monetary sanctions of $750 are payable within 30 days. Ifnot the motion will be granted. 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 who w...
2023.04.26 Demurrer, Motion to Strike 146
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.04.26
Excerpt: ... the Court can take judicial notice that TSBs are given to NHTSA which in turn makes them publicly available. Complaint 126 and 127 alleges that "none ofthis information was available to the public" and that GM 'had exclusive knowledge of the defect" and actively concealed information from the public The Court will entertam argument as to whether Plaintiff needs to make further allegations as to GM's failure to disclose TSBs to NHTSA and whether ...
2023.04.25 Motion for Forum Non Conveniens 520
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.04.25
Excerpt: ...PT, Inc. Since then, Defendant, Thomas Blackburn has been dismissed. Complaint alleges causes of action for: (1) Motor Vehicle Negligence; and (2) General Negligence. Plaintiff alleges that on February 11, 2021, she was a passenger in a vehicle driven by Defendant when it was involved in a collision at "Highway 183 at Austin-Bergstrom Intl airport." (Request for Judicial Notice, ("RIN"), Exhibit ("Ex.") 1, (Complaint), pp. 4-5.) Notably, Plaintif...
2023.04.25 Demurrer 367
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.04.25
Excerpt: ...CMC and conduct it immediately after the Demurrer hearing On December 1, 2023, Plaintiffs, Sergio Hernandez and Oscar Enriquez filed an unverified Complaint against Defendants, Jose Carlos Regalado, Kenneth M. Frittz, KW International, Incu and DOES 1 through 25. The Complaint alleges causes of action for: (1) Motor Vehicle; and (2) General Negligence. The Complaint notes that on December 11, 2020, Plaintiffs, Sergio Hernandez and Oscar Enriquez ...
2023.04.20 Motion to Stay Action of Grounds of Inconvenient Forum 901
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.04.20
Excerpt: ...i ¿¿ TRIAL DATE: None Set. ¿¿ MOTION:¿ (1) Motion to Stay Action on Grounds of Inconvenient Forum ¿ Tentative Rulings: (1) DENIED On March 10, 2023, this Court continued the hearing on the defense motion to stay or the representation by defense counsel that a “more robust” showing could be made addressing the Court's concerns. In Defendants' supplemental briefing, they provide a proposed Indiana Declaratory Relief Action Complaint to be...

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