Excerpt: ...rdirossian Akaragian LLP Joinder by Defendant Gerald Kroll Tentative Ruling: The Motion for Leave to File a First Amended Complaint and First Amended Answer to the Cross -Complaint is denied. This is an action for declaratory relief. On April 4, 2023, Plaintiff Christopher Chong (Plaintiff or Chong) filed the instant action for declaratory relief, seeking – in relevant part – a judicial declaration that Mardirossian Akaragian LLP's (Defendant...

Excerpt: ...ssor in interest to Chuleeporn Phapornchai (“Decedent”) filed a Complaint against Defendants Ensign Whittier West (“Ensign”) and PIH Health Whittier (“PIH”) alleging causes of action for: (1) Negligence; (2) Professional Negligence; (3) Elder Abuse; and (4) Wrongful Death. On November 28, 2023, after hearing oral argument, the Court sustained the demurrer of Defendant PIH to the first cause of action in the Complaint without leave to ...

Excerpt: ...f Ferdinand U. Doria's (“Doria”) (“Plaintiff”) complaint (“Complaint”) on the basis the 6th and 7th causes of action fail to state facts sufficient to allege causes of action against Defendant. (Notice of Demurrer, pgs. 1 -2; C.C.P. §430.10(e).) Background Plaintiff filed his operative Complaint on July 31, 2023, alleging eight causes of action: (1) specific performance or damages based upon breach of express contract; (2) constructi...

Excerpt: ...OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a quiet title action. Plaintiff seeks to rescind a trustee sale that he alleges was improperly executed against his home. Defendants Miguel Victoria and Alexandria Mujica demur to the first amended complaint. TENTATIVE RULING: Defendants Miguel Victoria and Alexandria Mujica's Demurrer to the First Amended Complaint is SUSTAINED with leave to amend. DISCUSSION : Defendants Miguel Victoria and Alexandr...

Excerpt: ...demurrer to Plaintiff's first, second, third, fourth and fifth causes of action is OVERRULED. Defendants' demurrer to Plaintiff's sixth, seventh, eighth, ninth and tenth causes of action is SUSTAINED with 20 days leave to amend. I. BACKGROUND On June 2, 2023, 686 -WOPG, LLC (“686 -WOPG”) filed a breach of contract action against Daniel Rodriguez, individually and as a dba of Pablito's Tacos, and Transcendent Development Group, Inc. (“Transc...

Excerpt: ... Defendant Simcha Mandelbaum's Motion to Strike Portions of Plaintiff's First Amended Complaint. BACKGROUND ALAN TONKINS (“Tonkins”), in and through his Successor -In -Interest, JOSHUA TONKINS and JOSHUA TONIKINS (“Plaintiffs”) bring this case against GUARDIAN REHABILITATION HOSPITAL; 533 SOUTH FAIRFAX AVENUE, INC. dba GUARDIAN REHABILITATION HOSPITAL; SKILLSERVE, INC. dba US SKILLED SERVE; JANET MANDELBAUM; BRENDA MANDELBAUM; and...

Excerpt: ...er filed the first case (Case Number 23STCP02247) against the City of Compton and Trinidad Bravo (who is incorrectly identified as “a Planning Technician for the City of Colton”). (First Amended Petition, ¶¶ 10-11.) On June 22, 2023, Petitioner submitted a Builder's Remedy application for the property located at 1601 West El Segundo Boulevard in Compton, California (the “Property”). (Id., ¶ 38.) Petitioner alleges that Trinidad Bravo r...

Excerpt: ...ngs, LLC Demurrer to Second Amended Complaint The Court considered the moving papers, opposition, and reply. The Demurrer is overruled. Defendants Julio Jones and Sharod “Roddy” White to answer in 20 days. Background Plaintiff SLW Holdings, LLC invested approximately $4,240,000 into two cannabis business ventures based on Defendants Tyrone Freeman, Wolfgang & Associates LLC, Daude Sherrills and Lamarr House fraudulent misrepresentations. The ...

Excerpt: ...: Plaintiff Brittany Jackson alleges she moved into the property at 1426 W 25th Street in Los Angeles, CA, to care for her ailing grandmother, Katie Mae Hawkins. On November 9, 2022, Hawkins passed away. Plaintiff Sylvia Sheridan is the daughter and successo r in interest to decedent Hawkins. Plaintiff Jackson alleges she continued to pay rent after her grandmother's death. On December 1, 2022, Defendant(s) Hawkins Real Property Management, LLC a...

Excerpt: ...ter) and SEIU Local 721. The complaint was labeled as one for discrimination a nd violation of labor/union rights. However, the complaint contained no factual allegations. Instead, the complaint merely attached prior complaints filed with the Civil Rights Department and Labor Commissioner's Office. On August 21, 2023, the Court sustained the County's demurrer with leave to amend. Plaintiff filed her First Amended Complaint on September 8, 2023. O...

Excerpt: ... Defendants RQ Media Group, Inc. (“RQ Media”) and Brian Salzman (“Salzman”) (jointly, “Defendants”). On September 7, 2023, Plaintiff filed a Verified First Amended Complaint (“FAC”). The FAC alleged twelve causes of action, including causes of action for breach of contract and breach of implied covenant of good faith and fair dealing. Defendants demurred to the first cause of action of the FAC for breach of contract, and the secon...

Excerpt: ...ff's Complaint; Defendant State Farm General Insurance Company's Motion to Strike Portions of Plaintiff's Complaint; and Defendant Peter Geoffrey Bullen's Demurrer to Verified Complaint. I. Background A. Pleadings Plaintiff Fred C. Stalley sues Defendants Laleh H. Azad, Peter Geoffrey Bullen, Sean Ramann, State Farm General Insurance Company (State Farm), and Does 1 through 10 pursuant to a September 25, 2023, Complaint alleging claims of: (1) Br...

Excerpt: ...ituted in for Doe Defendant #1 • 08/17/23: Solimar Homeowners Association substituted in for Doe Defendant #2. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a habitability defect action. Plaintiff leased an apartment from Defendants that she alleges contained toxic mold. Defendant Solimar Homeowner's Association demurs to the Complaint and moves to strike the Complaint. TENTATIVE RULING: Defendant Solimar Homeowner's Association's Dem...

Excerpt: ... May 8, 2023. Plaintiff alleges the following facts. Defendant requested that Plaintiff supply fog lamps for electric vehicles. Plaintiff incurred expenses in manufacturing the fog lamps. However, Defendant delayed productio n of the vehicles and ultimately reneged on its agreement. Plaintiff demanded that it be compensated for the capital expenditures made in reliance on Defendant's order. Defendant first agreed to make installment payments, and...

Excerpt: ...ractices, and fraud. Plaintiff seeks recovery for Defendant's alleged failure to properly maintain the rented premises where Plaintiff resided. On April 2, 2024, Defendant filed the instant demurrer and motion to strike. Plaintiff filed his opposition on May 2, 2024. Defendant filed its reply on May 8, 2024. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. ( Hahn v. Mirda (2007) 147 Cal.App.4th 740, ...

Excerpt: ...ainst Defendants Rebecca Ju and Paul Ju (“Defendants”) on January 25, 2024. The Complaint alleged causes of action for motor vehicle negligence, negligence, and negligent entrustm ent. On February 1, 2024, the Complaint was superseded by the First Amended Complaint, which alleged “Senior Citizen Rights BPC § 13742” and “Elder Abuse § 1780.” Finally, Plaintiff filed a Second Amended Complaint on February 27, 2024 that alleges a viola...

Excerpt: ... Civil Code section 1793.2, subd. (d); (2) violation of Civil Code section 17 93.2, subd. (b); (3) violation of Civil Code section 1793.2, subd. (a)(3); (4) breach of the implied warranty of merchantability; and (5) fraudulent inducement – concealment, stemming from Plaintiff's purchase of a 2021 Chevrolet Silverado. Defendant demurs to the fifth cause of action for fraudulent inducement – concealment on the grounds that it fails to state fac...

Excerpt: ...ervices. As relevant here, Sanchez provided gardening services on the property of Defendant Suzanne De Passe (“De Passe” or “Defendan t”) for approximately 18 years. From 2003 through May 2021, Sanchez performed services in the total sum of $36,000. De Passe did not pay the balance owed. On September 8, 2023, Plaintiff filed a Complaint against Defendant for (1) Breach of Contract, (2) Fraud, and (3) Common Counts. On March 15, 2024, Plai...

Excerpt: ...MARY OF ACTION AND ANALYSIS Plaintiffs Frankie Fuentes and Melquiades Martinez (Plaintiffs) move for an order approving the settlement agreement between them and Defendant Design Masonry, Inc. (Defendant). This is an employment law case that stems from Defendant's alleged failure to pay minimum wages, overtime wagers, to provide rest periods, to provide meal periods, to pay all wages earned, to indemnify, and to furnish accurate itemized wage sta...

Excerpt: ... -C31 Nordhoff Street Limited Partnership (“Owner”) filed a cross -complaint against Gabriel Hernandez, dba Prime Construction Services (“Prime”), (“General Contractor,)” for declaratory relief, equitable indemnity, contribution and for express indemnity. On December 18, 2023, the Court entered a final order on the motion of Owner for summary adjudication of the cause of action for contractual indemnity. The Court held only that if a ...

Excerpt: ...S 1 through 20 inclusive, for (1) Breach of Contract and (2) Common Counts. Defendant DAVID KIM (Defendant Kim) moves for judgment on the pleadings on Plaintiff's Complaint on the grounds that the Complaint does not state facts sufficient to constitute a cause of action against him. The Court has considered the moving, opposition, and reply papers. Meet and Confer Pursuant to Code of Civil Procedure (CCP) section 439, a motion for judgment on the...

Excerpt: ...n 1793.2; (2) violation of subdivision (b) of Civil Code section 1793.2; (3) violation of subdivision (A)(3) of Civil Code section 1793.2; (4) breach of the implied warranty of merchantability; (5) negligent repair; and (6) violation of the Magnuson-Moss Warranty Act. Now, Defendants move for a judgment on the pleadings. Discussion Defendant moves for a judgment on the pleadings arguing: (1) Plaintiffs first four causes of action are barred becau...

Excerpt: ...KGROUND This is a childhood sexual abuse case pursuant to Code of Civil Procedure section 340.1. On March 30, 2022, Plaintiff filed a complaint. On May 4, 2022, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants alleging causes of ac tion for: (1) negligence; and (2) negligent hiring, retention, and supervision. On June 16, 2022, Defendant filed its answer. DISCUSSION California Code of Civil Procedure section¿4...

Excerpt: ...rtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any plead...

Excerpt: ...STAINED with twenty (20) days leave to amend as to the First, Second, and Fourth causes of action, and MOOTED as to the Third and Fifth causes of action. I. BACKGROUND A. Factual On May 26, 2023, Plaintiff, Fadriko Dillon (“Plaintiff”) filed a Complaint against Defendant, Centinela Hospital Medical Center, Prime Healthcare Services, LLC, and DOES 1 through 50. On June 23, 2023, Plaintiff filed a First Amended Complaint (“FAC”). On Decembe...