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Motion for Summary Judgment, Adjudication 038
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: Motion
Excerpt: ...mplaint alleges the following causes of action: 1. Breach of Contract; 2. Failure to Pay Wages (Lab. Code, §§ 202, 203, 558); 3. Failure to Pay all Wages at Time of Termination of Employment (Lab. Code, §§ 201, 202, 203, 227.3, 558); and 4. Unfair Competition (Bus. And Prof. Code, § 17200, et seq.) Defendant now moves for summary judgment, or, in the alternative, summary adjudication. An opposition and reply have been filed and considered. I...
2024.05.16 Demurrer, Motion to Strike 272
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.05.16
Excerpt: ...th 20 days leave to amend, in part. Loyola Marymount University's Motion to Strike Portions of Complaint is denied, in part, granted with 20 days leave to amend, in part, and moot, in part. Background Plaintiff's Complaint was filed on July 14, 2023. Plaintiff alleges the following facts. Plaintiff suffered injuries while residing in a dormitory at Loyola Marymount University (“LMU”) following a water leak. Defendant failed to make necessary ...
2024.05.15 Petition to Compel Arbitration and Stay Proceedings, for Trial Preference 249
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.05.15
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 ...
2024.05.15 Motion for Leave to File FAC 457
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.05.15
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...
2024.05.14 Motion to Strike 122
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.05.14
Excerpt: ... Portions of Plaintiff's Complaint is granted with 20 days leave to amend. Background Plaintiff's Complaint was filed on December 12, 2023. Plaintiff was involved in a motor vehicle accident with Defendants. Meet and Confer Defendants set forth a meet and confer declaration in sufficient compliance with CCP § 435.5. (Decl., William E. Jemmott, ¶¶ 1-5.) Motion to Strike The court may, upon a motion, or at any time in its discretion, and upon te...
2024.05.08 Demurrer to SACC, Motion to Strike, Compel Further Responses, Deposition of PMK 443
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.05.08
Excerpt: ...ction of Documents, Set One 4. Yokohama Group, Inc.'s Motion to Compel the Depositions of Cross-Defendants Jayi Chiang, Jailin Chiang, and the Person Most Knowledgeable from Cross - Defendant 95 Kitchen Inc. TENTATIVE RULING Jayi Chiang, Jailin Chiang, and 95 Kitchen Inc.'s Demurrer to Second Amended Cross - Complaint is sustained without leave to amend, in part, and overruled, in part. Marcia Pyin-Shan Chiang, Jayi Chiang, Jailin Chiang, and 95 ...
2024.05.07 Motion to Compel Arbitration and Stay Proceedings 516
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.05.07
Excerpt: ...ound Plaintiff filed the Complaint on October 20, 2023. Plaintiff alleges the following facts. Defendants St. Market D3 LLC and Inglewood Market Gateway LLC were owners of real property located on 205 Market Street/213 East Regent Street, Inglewood, California known as Inglewood Gateway Market. Milender White Residential SoCal (“Milender White”) was the general contractor on the project. Milender White and Techno -Advanced executed a subcontr...
2024.05.07 Demurrer, Motion to Strike 558
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.05.07
Excerpt: ... to amend. Padilla's Company, Inc., et al.'s Motion to Strike Portions of Complaint is moot. Background Plaintiff's Complaint was filed on August 7, 2023. Plaintiff alleges the following facts. Plaintiff is the general contractor for a construction project (“Project”) located at 1700 S. Pacific Coast Highway, Redondo Beach, California. Plaintiff entered into sub -contracts with Padilla's Company, Inc. for rough grading and shoring, and, later...
2024.05.03 Motion for Summary Judgment, Adjudication 505
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.05.03
Excerpt: ...or summary adjudication is denied, in part, and granted, in part. Rodeny Yamane, et al.'s Motion to Bifurcate Trial is moot. Background Plaintiff filed the Complaint on June 22, 2022. Plaintiff alleges the following facts. Plaintiff and Defendants entered into an agreement whereby Plaintiff would maintain, repair, and upgrade the subject real property located at 7801 Westlawn Avenue, Los Angeles, CA 90045. The agreement was that when Rodney Yaman...
2024.05.01 Motion for Summary Adjudication 810
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.05.01
Excerpt: ... Summary Adjudication as to RD Construction, Inc. TENTATIVE RULING Atkinson and Associates' Motions for Summary Adjudication are denied. Background Plaintiff filed the Complaint on September 3, 2019. Plaintiff alleges the following facts. This matter involves contractual and construction defect related claims arising from a multi- family development project located at or about 8740 La Tijera Blvd. (“Pr oject”) owned by 8740 La Tijera Blvd. LA...
2024.05.01 Motion for Leave to File FAC 367
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.05.01
Excerpt: ...Counsel Pro Hac Vice for Plaintiffs Janell Hendricksen, et al. TENTATIVE RULING Janell Hendricksen, et al.'s Motion for Leave to File First Amended Complaint is granted. Conor Flynn and David William Terry's Applications to Appear as Counsel Pro Hac Vice for Plaintiffs Janell Hendricksen, et al. are denied without prejudice. Background Plaintiffs' Complaint was filed on March 20, 2023. Plaintiffs allege the following facts. Plaintiffs' decedent, ...
2024.04.30 Demurrer 367
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.04.30
Excerpt: ...28, 2023. Plaintiff alleges the following facts. Plaintiff was injured by a pallet being carried by a forklift operated by Defendants on property owned or controlled by Defendants. Plaintiff alleges the following caus es of action. 1. Negligence; 2. Negligent Hiring, Retention, and Supervision; 3. Premises Liability. Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. ( Schmidt v. Foundati...
2024.04.30 Motion for Judgment on the Pleadings 317
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.04.30
Excerpt: ...wing facts. Defendant owes Plaintiff for legal services rendered. On July 13, 2023, Defendant filed a Cross-Complaint. Cross -Complainant alleged the following causes of action based on Cross - Defendant's representation of Cross-Complainant in the prior legal action: 1. Fraud; 2. Breach of Fiduciary Duty; 3. Breach of Contract; 4. Slander of Title; 5. Cancellation/Expungement of Lien and Quiet Title/Injunctive Relief. Meet and Confer Cross-Defen...
2024.04.30 Motion for Leave to File Complaint-In-Intervention 882
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.04.30
Excerpt: ... the Complaint on March 24, 2023. Plaintiff alleges the following facts. Plaintiff was involved in a motor vehicle accident with Defendant. Motion for Leave to File Complaint in Intervention Code Civ. Proc., § 387(b) states: “An intervention takes place when a nonparty, deemed an intervenor, becomes a party to an action or proceeding between other persons by doing any of the following: (1) Joining a plaintiff in claiming what is sought by the ...
2024.04.29 Demurrer, Motion to Strike 082
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.04.29
Excerpt: ...d with 20 days leave to amend, in part. McDonald's Corporation, et al.'s Motion to Strike Portions of Complaint is granted with 20 days leave to amend. Background Plaintiff filed the Complaint on December 6, 2023. While at McDonald's in Harbor City, Plaintiff K.J., a minor, was attacked by another patron of McDonald's. Plaintiff alleges the following causes of action. 1. Premises Liability 2. Negligence 3. Negligent Hiring, Training, Supervision ...
2024.04.29 Demurrer, Motion for Determination of Good Faith Settlement 136
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.04.29
Excerpt: ...Fourth Amended Complaint is overruled. Farmers Insurance Exchange's Motion for Determination of Good Faith Settlement is granted. Background Plaintiffs filed the Complaint on February 26, 2021. Plaintiffs' First Amended Complaint was filed on July 15, 2022. Plaintiffs' Second Amended Complaint was filed on February 27, 2023. Plaintiffs' Third Amended Complaint (“TAC”) was filed on October 17, 2 023. Plaintiffs' Fourth Amended Complaint (“4A...
2024.04.25 Motion to Set Aside Dismissal 735
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.04.25
Excerpt: ...aintiffs allege the following facts. Plaintiffs' decedent died due to the medical negligence of Defendants. Motion to Set Aside Dismissal CCP § 473(b) states, in relevant part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertenc e, surprise, or excusable neglect. Application for t...
2024.04.25 Motion to Compel Arbitration and Stay Proceedings 223
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.04.25
Excerpt: ...ATIVE RULING Driftwood Healthcare & Wellness Center, LLC (erroneously sued as Driftwood Healthcare & Rehabilitation Center LLC) and Citrus Wellness Center, LLC's Motion to Compel Arbitration and Stay Proceedings is denied. Background Plaintiffs filed their Complaint on April 19, 2023. Plaintiffs allege the following facts. Plaintiffs' decedent died while a patient of Defendants. Plaintiffs set forth the following causes of action: 1. Negligence 2...
2024.04.24 Application for Preliminary Injunction 924
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.04.24
Excerpt: .... Background Plaintiffs' Complaint was filed on March 18, 2024. Plaintiffs allege the following facts. Plaintiffs obtained a first lien mortgage loan secured by the property located at 44 Buckskin Lane, Rolling Hills Estates, CA 90274, through a Deed of Trust, recorded on May 5, 2016. Plaintiffs suffered from financial hardship. On or around July 12, 2022, Plaintiffs entered into a loan modification agreement with Bank of America. Thereafter, Ban...
2024.04.22 Motion for Summary Judgment, Adjudication 471
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.04.22
Excerpt: ... granted. Kenton Lane's Motion for Summary Judgment, or, in the Alternative, Summary Adjudication is denied. Background Plaintiffs Christopher Leach and Daniel Cunningham filed their Complaint on July 6, 2020. Plaintiffs allege the following facts. Defendant Kenton Lane became a tenant in Plaintiffs' home. Defendant Lane is a marriage and family therapist. Defendant Lane pr ovided therapy services to Plaintiffs. However, Defendant Lane breached h...
2024.04.16 Motion for Reconsideration 433
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.04.16
Excerpt: ...tiff was a waitress employed by Defendants. Plaintiff was subjected to sexual harassment and was terminated after complaining of the harassment. Plaintiff alleg es the following causes of action: 1. Constructive Discharge 2. Failure to Prevent Harassment, Discrimination, and Retaliation 3. Hostile Work Environment 4. De Facto Sexual Harassment. On September 5, 2023, Defendants' motion to compel arbitration was granted. On September 14, 2023, Plai...
2024.04.16 Demurrer, Motion to Strike 776
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.04.16
Excerpt: ...Complaint is sustained. The grounds for sustaining the demurrer support a complete stay of the action for reasons noted below. PNC Bank, N.A.'s Motion to Strike Portions of First Amended Complaint is moot. Background Plaintiff's Complaint was filed on March 17, 2023. Plaintiff's First Amended Complaint was filed on April 20, 2023. Plaintiff alleges the following facts. Plaintiff Zula Tucker Living Trust Dated September 15, 2006, Fred Tucker, Trus...
2024.04.15 Motion for Trial Preference 738
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.04.15
Excerpt: ...Dated December 27, 2018; Isako Nam and Emi Nam, Co -Trustees of the Frank H.C. Nam Family Trust Dated December 27, 2018 filed the Complaint on August 26, 2022. Plaintiffs alleg e the following facts. Plaintiffs own real property located at 1019 Manhattan Beach Blvd., Manhattan Beach, CA, 90266. In 2014, Defendant Manhattan House, L.P. entered into a lease for the premises. In 2015, Defendants Adam Hersh and David Topkins signed a guaranty of leas...
2024.04.10 Motion for Preliminary Approval of Class Action Settlement 412
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.04.10
Excerpt: ...int on May 26, 2022. Plaintiff alleges the following facts. Plaintiff is a former employee of Defendant. Plaintiff filed the instant Private Attorney General Act of 2004 ("PAGA") action on behalf of all current and former California- based hourly-paid or non -exempt employees of Defendant within the State of California. Plaintiff alleges the following violations: Failure to Pay Minimum and Overtime Wages; Failure to Provide Paid Sick Leav...
2024.04.09 Petition to Compel Arbitration 525
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.04.09
Excerpt: ...aintiff alleges that her 2022 Tesla Model 3 suffers from widespread defects including: body system, powertrain system, safety system, electrical system, braking syste m, and noise system. Plaintiff alleges the following causes of action: 1. Violation of Civ. Code 1793.2(d); 2. Violation of Civ. Code 1793.2(b); 3. Violation of Civ. Code 1793.2(a)(3); 4. Breach of Express Warranty of Merchantability Under the Song-Beverly Warranty Act; 5. Breach of...

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