Excerpt: ... transmission system which is alleged to have a series of known defects causing hesitation, shuddering, and shifting issues. Defendant Ford Motor Company demurs to the third cause of action for violation of Civil Code section 1793.2(a)(3) and the fifth cause of action for fraudulent concealment. TENTATIVE RULING: Defendant's Demurrer to the Complaint is OVERRULED. DISCUSSION: Defendant Ford Motor Company demurs to the third cause of action for vi...

Excerpt: ... the Implied Warranty of Merchantability, (5) F raudulent Inducement -Concealment, and (6) Negligent Repair. The first five causes of action are pled against Defendant Ford Motor Company. Ford filed the instant demurrer on November 17, 2023. Plaintiff filed an opposition on April 23, 2024. Ford filed a reply on April 29, 2024. Before the Court are Ford's challenges to the 2nd, 4 th and 5 th causes of action in the First Amended Complaint. II. DEM...

Excerpt: ... agreement and accepted a different offer. Plaintiff asserts causes of action for (1) breach of written contract and (2) declaratory relief. Defendant Jeffrey Riddell, Trustee of the Jeffrey & Katrina Riddell Living Trust, demurred to the Complaint. On April 19, 2024, Plaintiff filed a First Amended Complaint. TENTATIVE RULING: Defendant's Demurrer to the Complaint is MOOT by the filing of a First Amended Complaint. Plaintiff to give notice, unle...

Excerpt: ...by Defendant Nancy Ming Ling Chen's (“Defendant”) German Shepherd Mix dog. Plaintiff alleges that she was jogging past Defendant on a public street when Defendant was unable to control her dog and, without warning or provocation, the dog viciously attacked and bit Plaintiff. The complaint, filed February 23, 2024, alleges causes of action for: (1) negligence; and (2) strict liability. B. Motion on Calendar On April 3, 2024, Defendant filed a ...

Excerpt: ...t been proper service of process. ( Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 808.) “When a motion to quash is properly brought, the burden of proof is placed upon the plaintiff to establish the facts of jurisdiction by a preponderance of the evidence.” ( Aquila, Inc. v. Sup. Ct. (2007) 148 Cal.App.4th 556, 568.) The plaintiff has “the burden of proving the facts that did give the court jurisdiction, that is the facts requisite to...

Excerpt: ...e defendant.” (Bolkiah v. Superior Court (1999) 74 Cal.App.4th 984, 991.) Plaintiff meets this burden. “[I]n deciding whether service was valid, the statutory provisions regarding service of process should be liberally construed to effectuate service and uphold the jurisdiction of the court if actual notice has been received by the defendant.” (Gibble v. Car -Lene Research, Inc. (1998) 67 Cal.App.4th 295, 313.) “ ‘Personal service usual...

Excerpt: ... a California resident was not killed, as the accident did not happen with the borders of California nor on California roads, and the accident did not happen because of a tire purchased or manufactured in California (see Ford, infra), the motions are granted and the request for jurisdictional discovery is denied. Background This case arises from a June 4, 2020 car accident that happened in Virginia wherein the subject tire separated from the vehi...

Excerpt: ...rvice of Summons and Complaint. Discussion Defendant argues that service of the Summons and Complaint must be quashed due to lack of personal jurisdiction for failure to serve Summons and Complaint. “A defendant . . . may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her. . . .” CCP § 418.10(a). A court lacks jurisdic...

Excerpt: ... Rules of Court, Rule 3.1308(a)(1) whereby notice of intent to appear is requested. Unless the Court directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no argument is received. Notice may be given eithe...

Excerpt: ...t directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no argument is rec eived. Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: Matthew C. Mo...

Excerpt: ...on a credit card debt. Plaintiff served Defendant, and when no response was made, the Court entered default judgment on February 17, 2023. This hearing is on Plaintiff's motion to set aside the default judgment. Plaintiff represents it recently learned Defendant was not a resident of the State of California and was not properly served. Plaintiff asks the Court to vacate the default judgment due to Plaintiff's counsel's mistake, inadvertence and e...

Excerpt: ...Civil Procedure section 1294(a). Defendants move for a discretionary stay. “Even when the statutes do not call for an automatic stay on appeal, the trial and appellate courts both have the power to issue discretionary stays.” ( Daly v. San Bernardino County Bd. of Supervisors (2021) 11 Cal.5th 1030, 1039 ( Daly).) Both the moving papers and opposition argue based on the following four factors used for discretionary stays in federal court: “...

Excerpt: ...nst Defendants Artyun Aladjian, individually and dba J&H Auto Wrecking, and all in possession. The property at issue is located at 9415 Glenoaks Boulevard, Sun Valley, CA 91352. Plaintiff alleges that on April 1, 2006, it entered into a 5 -year term tenancy pursuant to a written agreement with Defendants. Plaintiff served a 30 -day notice to quit on Defendants, such that the expiration of the notice was set for August 10, 2023. Plaintiff seeks po...

Excerpt: ...n April 20, 2021, alleges that Plaintiffs, Michael Buck, and John Gonzalez (“Plaintiffs”), are members and leaders of the Peace Apostolic Church, Inc. (the “Church”). Plaintiffs allege that after the death of the Church's pastor, the C hurch's de facto officers or directors, Tamara Swancy-Prince (“Prince”) and Priscilla Woods Brown (“Brown”), improperly spent church funds and engaged in other misconduct. Plaintiffs allege that Def...

Excerpt: ... (“Defendant”) property located at 6555 Foothill Blvd., Tujunga, CA 91042 on December 24, 2020, when she tripped and fell on a floor mat. Plaintiff alleges that she sustained bodily injuries. The complaint, filed November 16, 2022, alleges causes of action for: (1) premises liability; (2) general negligence. B. Relevant Background and Motion on Calendar On April 19, 2024, Plaintiff filed the motion to strike Defendant's improper supplemental ...

Excerpt: ...an ad litem William Ferrell, alleges that Plaintiff (a “dependent adult” within the meaning of the Welfare & Institutions Code) was raped, sexually assaulted, sexually harassed, abused, and sexually battered by Defendant Rafael Moya (“Moya”), while Plaintiff was a patient confined to the lockdown unit at Defendant Imperial Care Center LLC (“ICC”). Plaintiff alleges that the rape occurred on March 12, 2022. Plaintiff alleges that Defen...

Excerpt: ...e, M.D., Robert Gottner, M.D., and Mayur Patel, M.D. to examine, care, diagnose, and treat Decedent for his physical condition and complaints. Plaintiff Adam Eagle (“Plaintiff”), the sole heir of Decedent, alleges that Defendants negligently provided medical care to Decedent, leading to his death. The complaint, filed September 26, 2016, alleges a single cause of action for wrongful death (medical malpractice). B. Relevant Background The matt...

Excerpt: ...ith Defendant Armen Crstijian (“Crstijian”) who was operating a motor vehicle that was owned by Defendant N&N Auto Collection Inc. (“N&N” ). Plaintiff alleges that Crstijian failed to exercise reasonable care, which caused Plaintiff to suffer bodily injury. The complaint, filed on October 19, 2022, alleges causes of action for: (1) motor vehicle; and (2) general negligence. B. Motion on Calendar On April 9, 2024, Defendants N&N and Crstij...

Excerpt: ...vices, Inc. (DWWS), Rona Kay (Kay), and Does 1 through 10, all eging violations of FEHA, wrongful discharge, defamation, and intentional infliction of emotional distress. The operative First Amended Complaint, filed January 29, 2020, adds Defendants Diana Eid (Eid) and Janae Bueno (Bueno) and asserts additional FEHA claims. Eid and Bueno were subsequently dismissed on summary adjudication, along with certain FEHA claims. Plaintiffs worked for Dis...

Excerpt: ...ence, surprise or neglect.” (CCP § 473(b).) The attorney affidavit of fault must contain a “straight forward admission of fault.” (State Farm Fire & Casualty Co. v. Pietak (2001) 90 Cal.App.4th 600, 610.) But it need not contain an explanation of the reasons for the attorney's mistake, inadvertence surprise or neglect. ( Martin Potts & Assocs., Inc. v. Corsair, LLC (2016) 244 Cal.App.4th 432, 438 -441.) Relief must be granted “unless the...

Excerpt: ...at a Home Depot store fell and hit him. On June 15, 2022, Plaintiff filed the Complaint in this action asserting a cause of action for negligence against Defendants Home Depot U.S.A., Inc. (“Defendant”) and Does 1 through 10. Defendant filed an answer on August 16, 2022. After some prior efforts, on October 13, 2023, Plaintiff noticed the deposition of the Defendant's person most qualified (“PMQ”) on 8 topics (some with sub -parts) and re...

Excerpt: ...evidence, argument, and comment concerning plaintiff's subjective opinion on the ultimate issue of retaliation. The Court denies the motion. The Court will not micromanage the manner in which Yang testifies about the basis for his claim that he was retaliated against. However, the Court will deal with objections as to relevance and foundation on a question -by - question basis. 2. MIL #2 : GWCC moves to exclude testimony, evidence, argument, and ...

Excerpt: ...ant sent out written discovery, including two sets of form interrogatories. Plaintiffs responded, but defendant did not believe that the responses were compliant. Defense counsel sent a meet and confer effort, to which the response was “File your motions.” Plaintiffs attempted to set an IDC, but the court took it off calendar because defendant had not agreed to it. Parenthetically, the court will never conduct an IDC with a record like this. ...

Excerpt: ...f her daughter, S.W. (the “Recipient” or “S.W.”). S.W. has cognitive impairment, autism, epilepsy, and Angelman Syndrome. Accordingly, S.W. is a client of Eastern Los Angeles Regional Center (“ELARC”) and has been placed on a Medicaid waiver. While S.W. was a minor, Petitioner applied for In-Home Supportive Services (“IHSS”) from the California Department of Social Services (“DSS”). A social worker from the County of Los Angel...

Excerpt: ...service on Sherman. According to the proof of service, Sherman's registered agent (Rijesh Desai) was served by registered mail, sent to an address on Riverside Drive in Los Angeles. On October 17, 2023, Sherman filed this motion to quash service of summons. No opposition has been filed. LEGAL STANDARD C.C.P. §415.10 provides the requirements of personal service of summons and the complaint as follows: “A summons may be served by personal deliv...