Excerpt: ...ividually and as representative of the Estate of Daniel Gonzales. On September 25, 2024, the operative Third Amended Complaint (“TAC”) was filed. Plaintiff's TAC asserts the following causes of action: (1) Professional Negligence; (2) Violation of Elder and Dependent Adult Civil Protection Act; and (3) Wrongful Death Defendant BARLOW RESPIRATORY HOSPITAL (“Barlow”) specially and generally demurs to Plaintiff's second cause of action for e...

Excerpt: ...tive Rulings: (1) SUSTAINED. I. BACKGROUND¿¿ ¿¿ A. Factual ¿¿ ¿ On May 10, 2023, Plaintiffs, Kristen Robertson and Candice Robertson (collectively, “Plaintiffs”) filed a Complaint against Defendants, NGX3, LLC, Coastline Real Estate Advisors, Inc., and DOES 1 through 50. On September 8, 2023, Plaintiffs filed a First A mended Complaint (“FAC”) alleging causes of action for: (1) Failure to Provide Habitable Dwelling; (2) Unfair Comp...

Excerpt: ...rt notes that neither party moves to lift the arbitration stay so that this Application may be heard. This wrongful termination action was filed by Plaintiff YANFEI TIAN (“Plaintiff”) on November 7, 2022. On September 12, 2023, this Court GRANTED Defendants Weee! Inc., Liu, and Yan's unopposed petition to compel arbitration, and this matter was ordered STA YED pending arbitration. Consequently, there is a jurisdictional issue as to whether th...

Excerpt: ...iff does not allege purely economic loss. “ ‘[E]conomic loss' is pecuniary damage not arising from injury to the plaintiff's person or from physical harm to the plaintiff's property.” (Rest.3d Torts, Liability for Economic Harm, § 2.) Federal courts have specifically found a tort duty when repairing vehicles: “ ‘One who undertakes repairs has a duty arising in tort to do them without negligence.' ” (Sabicer v. Ford Motor Company (C.D...

Excerpt: ...nt Anza Management Company (Defendant) and moved against the Plaintiff Aleisha Barnett's (Plaintiff) Complaint. Defendant demurs to seven causes of action: the first cause of action (COA) for battery, the third COA for intentional infliction of emotional distress (IIED), the eighth COA for violation of Civil Code sec. 1941.3, the ninth COA for violation of Civil Cod e sec. 1942.4, the tenth COA for negligent violation of statutory duty to maintai...

Excerpt: ...G PARTY : Defendants Royal Vista San Gabriel, LLC (CRS 6562) and AHMC Healthcare, Inc. (CRS 9714) (“Defendants”) RESPONDING PARTY : Plaintiffs Vanessa Zatarain and John Paul Zatarain, both individually and as successors in interest to George Zatarain, deceased. (“Plaintiffs”) SERVICE: Demurrer filed October 5, 2023 Motion to strike filed September 26, 2023 OPPOSITION: Filed May 3, 2024 REPLY: Filed May 7, 2024 RELIEF REQUESTED Defendants ...

Excerpt: ..., and Kadjaly Conteh (“Defendants”). Defendants demur to the Complaint on the grounds that it fails to state facts sufficient to constitute a cause of action pursuant to Code of Civil Procedure section 430.10. Plaintiff opposes the demurrer. ANALYSIS I. DEMURRER - STANDARDS “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” ( Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In t...

Excerpt: ...VERY SERVICE, LLC dba TEMCO LOGISTICS: Plaintiff began his employment with Defendant in November 2021 as a technician. On his first day (12/7 /21), Plaintiff got in a car accident; Plaintiff was the passenger, and another company employee was the driver. Plaintiff was taken back to the warehouse and treated by “Industrial Athletes.” After weeks of pain, Defendant was put Plaintiff on light duty (e.g., sweeping), but Plaintiff could not endure...

Excerpt: ...nd Saad Fathi (“Defendants”). Moving Defendant 921 -929 Broxton Ave, LLC (“Broxton”) demurs to the Complaint on the grounds that it fails to state facts sufficient to constitute a cause of action under Code of Civil Procedure section 430.10, subdivision (e). City opposes the demurrer and Broxton replies. REQUEST FOR JUDICIAL NOTICE Broxton requests judicial notice of the invoice sent to Defendants Habibi Café, Jan Fathi, Saad Fathi, and ...

Excerpt: ...iff's fifth cause of action is SUSTAINED without leave to amend. BACKGROUND On February 27, 2024, Plaintiff Emma T. Malloy (“Plaintiff”) filed this action against Defendant Earl Hall (“Defendant”) alleging the following causes of action: C/A 1: Financial Elder Abuse C/A 2: Quiet Title C/A 3: Fraud C/A 4: Declaratory Relief C/A 5: Punitive Damages The Complaint alleges the following. On November 28, 1969, Charlie and Emma T. Malloy purchas...

Excerpt: ...nst defendants Fortune Empire Group, Inc. (“Fortune Empire”)\ and Henry Tang (“Tang”) (collectively, “Defendants”) asserting cau\ ses of action for conversion, intentional and negligent interference with prospective economic relations, violation of Business & Professions Code section 17200 (“\ UCL”), intentional and negligent misrepresentation, misappropriation of trade s\ ecrets, and common law trademark infringement. Plaintiff a...

Excerpt: ...e issued an insurance policy to Plaintiff providing full coverage of Plaintiffs' Maserati, including coverage for damages caused by uninsured motorists. Plaintiffs allege that an unidentified driver caused an auto accident resulting in personal injuries and property damage. Plaintiffs made an insurance claim with Defendant who allegedly “lowballed” offers for Plaintiffs' damage claim. Plaintiffs allege claims against Progressive for (1) breac...

Excerpt: ...s action arises from an alleged battety ata nightclub. On September 17, 2024, Plaintiff Maria C. Arangu Torrealba went to Defendant West Hollywood Surprise, LLC dba Rocco's WEHO erroneously sued as Rocco's Tavern CC, LLC. (FirstAmended Complaint ("FAC") 12.) Defendant Tyler Clark is the general manager of Rocco's WEHO. (ld. 15.) Plamtiff alleges that after being seated near the dance floor, fivo employees (one identified as "Matthew" and the othe...

Excerpt: ...filed the operative First Amended Complaint (FAC) against defendants Jim Bunch, Todd Murphy (together Defendants), and Does 1 -30 alleging four causes of action for (1) breach of contract, (2) materials furnished, (3) account stated, and (4) unjust enrichment. The FAC alleges the following: On or about April 11, 2022, the parties entered into a written contract for the renovation of the residential house located at 1009 Crestview, Glendale, CA 91...

Excerpt: ... Gretzky and Janet Gretzky to give notice. REASONING Request for Judicial Notice Defendants Wayne Gretzky and Janet Gretzky (“Defendants”) request judicial notice of the June 22, 2023, minute order in this action, and the August 1, 2023, minute order entered in Los Angeles Superior Court Case No. 22SMCV02110 (Mahajan v. Gretzky). Defen dants' request is GRANTED pursuant to Evidence Code section 452, subdivision (d). Errata Plaintiff's First A...

Excerpt: ...aud · Third Cause of Action for Concealment · Fourth Cause of Action for Negligence · Fifth Cause of Action for Wrongful Imprisonment · Sixth Cause of Action for Personal Injury · Seventh Cause of Action for Emotional Stress and Duress · Eighth Cause of Action for Loss of Personal Property · Ninth Cause of Action for Loss of Income · Tenth Cause of Action for Loss of Time Div. 50 Program · Eleventh Cause of Action for Loss of Record Corr...

Excerpt: ...ret misappropriation and to prevent further alleged misuse of confidential information. FG alleges: (1) breach of contract; (2) breach of the duty of loyalty; (3) misa ppropriation of trade secrets; (4) receipt of stolen property; (5) unfair competition; and (6) interference with prospective economic advantage. Whitfield & Wakefield cross-complained against FG and its owner Ferrazzi alleging: (1) fraud in the inducement (by Whitfield against FG);...

Excerpt: ...rawczyk's Motion for Trial Preference TENTATIVE RULING Belmont Village RPV, LLC, et al.'s (“Belmont Village”) and Episcopal Community & Services for Senior, et al.'s (“Canterbury”) Petitions to Compel Arbitration and Stay Proceedings are denied. Rose Marie Krawczyk's Motion for Trial Preference is granted. Background Plaintiff filed the Complaint on January 24, 2024. Plaintiff alleges the following facts. Due to the negligent and willful ...

Excerpt: ...olice officers were involved in a vehicle pursuit and arrested the vehicle's juvenile passenger. (Administrative Record [“AR”] 0126.) There was subsequently a “use of force incident” in the report writing room involving the arr ested juvenile and another officer, Sergeant Joseph Meister (“Meister”). (Id.) Officer Tuan Le (“Le”) was present in the report writing room and witnessed the incident. (AR 016 -020, 0126.) On October 7, 20...

Excerpt: ...k purchase agreement. In June 2023, Plaintiffs Zenith Technology Inc. (Zenith) and Zhaohui Wang entered into a written agreement with Defendant Kyle Dou in which Zenith purchased 38,250 common sto ck shares from Dou's company, Hixih Rubber Industry Group, Ltd. (Hixih). In exchange, Zenith agreed to pay $500,000 in cash, assume $230,000 in outstanding debt owed by Hixih, and issue 3,187,541 shares of Zenith's stock to Dou. Subsequently, Zenith and...

Excerpt: ...d. Plaintiff to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. On August 19, 2022, Plaintiff Jane Doe filed the operative Complaint against Defendants LAUSD and Does 1 -60 for (1) childhood sexual abuse, (2) intentional infliction of emotional distress (“IIED”), (3) negligent hiring, supervision, and retention, (4) fai lure to...

Excerpt: ...Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. DISCUSSION I. MOTION TO CLAIM CASH BOND Catamount moves to claim cash bond on the grounds that the Court entered judgment in favor of Catamount and the preliminary injunction in this case was dissolved. “If a bond is given in an action or proceeding, the liability on the bond may be enforced on motion made in the court...

Excerpt: ...G PARTY: Plaintiff Monique Mudarris RESPONDING PARTY: Defendant Jaguar Land Rover North America, LLC (“Defendant”) The Court has considered the moving, opposition and reply papers. BACKGROUND This is a lemon law action under the Song- Beverly Act (“Song-Beverly” or the “Act”) arising from an allegedly defective 2018 Land Rover Range Rover (the “Vehicle”) purchased by Plaintiff on September 21, 2018. Over the next four years, Plain...

Excerpt: ..., MMAP SERVICES, INC., a California corporation; and DOES 1 -30, inclusive. CASE NO.: 22GDCV00252 MOTIONS TO COMPEL FURTHER RESPONSES MOVING PARTY : Defendant Robert Heinrich RESPONDING PARTY: Plaintiffs GC-8, LLC and San Clemente Beach Country Club RELIEF REQUESTED Defendant moves for an order compelling Plaintiffs GC -8, LLC and San Clemente Beach Country Club to provide further responses to Request for Production of Documents, Request for Admi...

Excerpt: ...romptly investigate and correct FEHA violations, failure to engage in the interactive process, and failure to accommodate) based on disability for conduct that occurred w ithin one year of Plaintiff's 3/20/20 DFEH Complaint, i.e., wrongful conduct based on disability that occurred before 3/19/19 is time-barred. The Court specifically granted summary adjudication against Plaintiff with respect to his claims for violation of the FEHA based on race ...