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2024.05.17 Motion to Amend Judgment 871
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.17
Excerpt: ......
2024.05.17 Demurrer, Motion to Strike 881
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.17
Excerpt: ......
2024.05.16 Motion to Strike Answer 331
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.16
Excerpt: ...ve to file an amended answer though legal counsel, as corporations cannot represent themselves in California without a lawyer I. BACKGROUND A. Factual On April 19, 2024, Plaintiff, RREEF America Reit II Corp. BBB (“Plaintiff”) filed an unlawful detainer complaint against Defendant, Burkelly, Inc., a California corporation doing business as “CYCLEBAR” (“Defendant”), and DOES 1 through 10. The complaint is based on Plaintiff's allegatio...
2024.05.16 Motion for Leave to File SAC 170
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.16
Excerpt: ...anuary 23, 2024, Plaintiff, Karin Friedman (“Plaintiff”) filed a Complaint against Defendants, Anthony Cavuoti, LMFT, Carellon Behavioral Health of CA, Inc., and DOES 1 through 100. The Complaint alleges causes of action for: (1) Professional Negligence; (2) Intentional Infliction of Emotional Distress; and (3) Negligent Hiring. On March 5, 2024, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action for: : (1) Profes...
2024.05.16 Demurrer, Motion to Strike 546
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.16
Excerpt: ...and 4 th) which are barred on the FAC of the FAC by the statute of limitations, and SUSTAINED as to the fraud causes of action (5 th, 6 th and 7 th) with oral argument as to whether further leave to amend should be permitted. (2) Defendants' Motion to Strike is Mooted I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On August 4, 2023, Plaintiff, Larry Tran (“Plaintiff”) filed a Complaint against Defendants, Tesla, Inc., Tesla Motors, Inc., and DOES 1 th...
2024.05.16 Demurrer 484
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.16
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...
2024.05.15 Demurrer 689
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.15
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...
2024.05.14 Motion to Compel Further Responses, to Strike, Demurrer 112
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.14
Excerpt: ...e r Tentative Rulings: (1) MTC is mostly Grante d (2) Request for Monetary Sanctions is granted in a lowered amount . (3) Demurrer SUSTAINED without leave to amend. I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On November 1, 2022, Plaintiff, Reza Abolahrar (“Plaintiff”) filed a Complaint against Defendants, PNC Bank, National Association, Joshua Wolfson a/k/a Josh Wolfson d/b/a Executive Funding Solutions, and DOES 1 through 20. On April 27, 20...
2024.05.14 Motion to Compel Further Resonses, for Sanctions 654
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.14
Excerpt: ...ve Rulings: (1) DENIED (2) DENIED. I. BACKGROUND A. Factual This case originates from a Complaint filed by Plaintiff, Jiali Yan (“Plaintiff”) against Defendants, Michael Antony Forbes dba Forbes Estates, LLC, and DOES 1 through 10. The Complaint alleges a cause of action for: (1) Fraud. A non -jury trial took place in this case between March 15, 2023 and March 17, 2023. A Statement of Decision was filed on April 18, 2023. The Court found that...
2024.05.14 Motion for Summary Judgment 847
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.14
Excerpt: ...�¿ ¿ On November 17, 2020, Plaintiff DRAKK Holdings, LLC (“DRAKK”) filed this action against Defendant, PSIP SN Vermont, LLC (“PSIP”). On September 29, 2021, Plaintiff filed a Second Amended Complaint. On November 30, 2022, Plaintiff filed a Third Amended Complaint (“TAC”)alleging cases of action for: (1) Specific Performance/Express Written Contract; (2) Specific Performance/Promissory Estoppel; (3) Specific Performance/Breach of I...
2024.05.14 Demurrer to SAC 090
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.14
Excerpt: ...earings and posted on two prior occasions I. BACKGROUND A. Factual On June 29, 2023, Louis A. Sparks (“Plaintiff”) filed a complaint against Defendants, Willie Bell, Maura Bell, Maura Sparks, Earl L Coats, Davita Dialysis, Robert Sparks, Lois Sparks, Dennis Sparks, Wesslyn L. Hamilton, Edward E. Sarks. Matrae L. Sparks, M arcus O. Sparks, Joyce R. Sparks, Edelberto Ysaguirre, and Hilberto Ysaguirre (“Defendants”). The Complaint appeared t...
2024.05.13 Motion for Judgment on the Pleadings 381
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.13
Excerpt: ...ate leave to amend and the proposed Amended UD Complaint attached to the Opposition will be deemed filed and served forthwith. Trujillo is ordered to file the amended UD complaint forthwith as a stand- alone pleading. The Court deems Defendant's Answer to the original UD Complaint to stand in response to the amended UD Complain t I. BACKGROUND¿¿ ¿¿ A. Factual ¿¿ ¿¿ On February 10, 2023, Plaintiff, Juanita Canche Pech (“Plaintiff”) fil...
2024.05.09 Motion to Strike Attachment 553
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.09
Excerpt: ...16, 2024, Plaintiff, FNNP Investments, LLC (“Plaintiff”) filed an Unlawful Detainer Complaint against Defendants, Bryce Egbert, Taisiia Popova, and DOES 1 through 5. The Complaint is based on the allegations that Plaintiff is the owner of a single family residential real property at 868 5th St., Manhattan Beach, CA (“Premises”) where Defendants, Bryce Egbert and Taisiia Popova were leasing the Premises. Plaintiff alleges that since Septem...
2024.05.09 Motion to Tax Costs 073
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.09
Excerpt: ...ff”) filed this action against Defendant BMW of North America, LLC (“Defendant”) on February 2, 2021. The Complaint alleges causes of action for: (1) Violation of Song - Beverly Act – Breach of Express Warranty; (2) Violation o f Song-Beverly Act – Breach of Implied Warranty; (3) Violation of the Song -Beverly Act § 1793.2; and (4) Violation of the Song -Beverly Act § 1793.22 – Tanner Consumer Protection Act . This case proceeded to...
2024.05.08 Motion to Compel Responses 362
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.08
Excerpt: ...ests and to Deem Matters Admitted against Defendants Darlene Agarwala, Pronita Agarwala, Sabina Agarwala Miro, Stephen Miro, and Gregory Mollner (2) Defendant Darlene Agarwala's Motion to Compel Further Responses to Requests for Admission from Plaintiff Paul Herrera (3) Defendant Darlene Agarwala's Motion to Compel Further Responses to Special Interrogatories from Plaintiff Paul Herrera (4) Defendant Darlene Agarwala's Motion to Compel Further Re...
2024.05.08 Motion to Compel Compliance with Order 984
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.08
Excerpt: ...Discuss. The evidence before the Court is conflicting, but neither party provided copies of the Bates -numbered documents so the Court could determine which side is correct. ¿¿¿Instead, Plaintiff filed a declaration that said GM failed, and GM filed a declaration that says it complied. The Court will decide, once it sees the actual documents, and the actual verification with the written responses. ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ 1. Factual ¿�...
2024.05.08 Motion to Stay Proceedings 144
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.08
Excerpt: ...tual This is a PAGA action. The Complaint alleges that Plaintiff Jorge Lara Rojas (Plaintiff) worked for Defendant String King Lacrosse, LLC (Defendant), who failed to provide employees overtime, minimum wages, meal and rest breaks, accurate wage statements, a ccess to personnel records, or wages due on termination. (Complaint ¶¶ 10–18.) 2. Procedural Plaintiff filed the Complaint on January 16, 2024, alleging one PAGA cause of action. Defend...
2024.05.07 Motion to Compel Arbitration 003
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.07
Excerpt: ...on of Arbitration. Arbitration Status Conference Set for Hearing Jan. 21, 2025, 8:30 a.m. Inglewood Dept. 8 I. BACKGROUND A. Factual On December 1, 2023, Plaintiff, Angela Tamara Seminario (“Plaintiff”) filed a Complaint against Defendants, Adolfo Zendejas, Air Menzies International (USA) Inc. dba Air Menzies International, (“Defendants”), and DOES 1 through 100. The Complaint alleges c auses of action for: (1) Hostile Work Environment - ...
2024.05.03 Motion to Compel Responses, for Sanctions 128
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.03
Excerpt: ...: (1) Motion to Compel Leo Ramsey's Responses to Demand for Production of Documents, Set One is GRANTED. Verified written responses are ordered to be served by Ramsey on Plaintiff's counsel on or before May 24, 2024, together with legible copies of responsi ve documents. (2) Request for monetary sanctions is GRANTED in the amount of $2,500 I. BACKGROUND¿¿¿ ¿¿¿ A. Factual ¿¿¿ ¿¿ On November 3, 2022, Plaintiff, Maurice Stephenson (“Pla...
2024.05.03 Demurrer 403
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.03
Excerpt: ...ual On February 5, 2024, Plaintiffs, Tatiana McNeal and Yolanda Johnson (collectively “Plaintiffs”) filed a Complaint against Defendants, Graceway, LLC and DOES 1 through 20. The Complaint alleges causes of action for: (1) Breach of Contract; (2) Breach of Imp lied Warranty of Habitability/Tenantability; (3) Breach of Implied Warranty of Quiet Enjoyment; (4) Negligence; and (5) Nuisance. Defendant, Graceway, LLC (“Defendant”) now files a ...
2024.05.02 Motion to Compel Arbitration 471
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.02
Excerpt: ...suit, the Roldon and Aronow issues raised in the Opposition require a fuller development of the record bearing on Plaintiff's ability to pay her half of the arbitrator's fees I. BACKGROUND¿ ¿ A. Factual ¿ On February 9, 2024, Plaintiff, Sheena Newman (“Plaintiff”), filed a Complaint against Defendants, Rombro & Manley LLP and DOES 1through 20. The Complaint alleges causes of action for: (1) Legal Malpractice; and (2) Breach of Fiduciary Du...
2024.05.02 Application for TRO 538
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.02
Excerpt: ...y the same issue before this Court. The Court will explain in even more detail than it did in March of 2023 and in February of 2024 why this repeated mis -interpretation of prior rulings of the Court is erroneous. On December 9, 2022, the Court stayed further judicial proceedings at the trial level of this case pending Plaintiff's appeal of the Court's granting of a defense motion for summary judgment. The Court did NOT stay other activities by P...
2024.05.01 Application for Default Judgment 077
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.01
Excerpt: ...on for a Court Judgment by default. The proposed money judgment is for over $6 Million and against Defendant Harbor Green Grain, LP, and separately against other defendants as well based on the same evidence. Plaintiffs' evidence submitted in support of the claimed default judgments as to each of the defaulting defendants is the Declaration of Qiandai Zhao, who asserts she is the owner of LAT Group Inc. The evidence is insufficient for the Court ...
2024.04.30 Motion for Leave to File FAC 524
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.04.30
Excerpt: ...(1) CONTINUED to June 13, 2024 to enable filing of a supplemental declaration containing the missing components of a motion to amend a pleading ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual ¿¿¿ ¿¿¿ On August 3, 2023, Plaintiff, County of Los Angeles (“Plaintiff”) filed a Complaint against Defendants, Stadco LA, LLC, Hollywood Park Land Company, LLC, and DOES 1 through 20. The Complaint alleges a cause of action for: (1) Premises Liability....
2024.04.29 Motion for Financial Discovery 546
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.04.29
Excerpt: ...CKGROUND A. Factual O n August 4, 2023, Plaintiff, Larry Tran (“Plaintiff”) filed a Complaint against Defendants, Tesla, Inc., Tesla Motors, Inc., and DOES 1 through 10. The Complaint alleges causes of action for: (1) Breach of Warranty – Song -Beverly Act: Failure to Repurchase or Replace Consumer Good After Reasonable Number of Repair Opportunities (Civ. Code § 1793.2(d)); (2) Breach of Warranty – Song -Beverly Act: Failure to Promptly...
2024.04.26 Demurrer 277
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.04.26
Excerpt: ...aintiff”) filed a Complaint against Defendants, LAZ Karp Associates, LLC, Serco Group, City of Inglewood, County of Los Angeles, and DOES 1 through 25. On February 26, 2024, Plaintiff filed a First Amended C omplaint (“FAC”) alleging causes of action for: (1) Intentional Tort; (2) General Negligence; and (3) Motor Vehicle Negligence. On February 6, 2024, this Court previously sustained demurrers to Plaintiff's original Complaint, filed by d...
2024.04.26 Motion to Compel Further Responses, for Sanctions 445
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.04.26
Excerpt: ... to May 24, 2024 at 9:30 a.m. The parties are ordered to meet and confer pursuant to the guidelines provided by this Court below, and Plaintiff is ordered to file a 2 nd Amended Separate Statement after the completion of the Court -ordered further meet and confer, consistent with the even more detailed direction given by the Court in this Tentative Ruling . (2) CONTINUED and will be determined at the next hearing. I. BACKGROUND A. Factual On Febr...
2024.04.26 Motion for Leave to File Complaint 531
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.04.26
Excerpt: ...December 20, 2022, Plaintiff, Los Angeles Apparel, Inc. (“Plaintiff”) filed a Complaint against Defendant, Domestic Medical Supply Coalition LLC and DOES 1 through 50. The Complaint alleges a cause of action for: (1) Breach of Contract; (2) Common Count s. The Complaint is based on allegations that Plaintiff and Defendant entered into a written purchase order requests and invoices, whereby Defendant would purchase gowns and masks made by Plai...
2024.04.25 Demurrer, Motion to Strike 503
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.04.25
Excerpt: ...c's Motion to Strike is MOOTED. I. BACKGROUND A. Factual On February 22, 2023, Plaintiff, Salvador Chavez (“Plaintiff”) filed a Complaint against Defendants, American Honda Motor Co., Inc., and DOES 1 through 10. On October 27, 2023, Plaintiff filed a First Amended Complaint (“FAC”). On February 9, 2024, Plainti ff filed a Second Amended Complaint (“SAC”) alleging causes of action (1) Violation of Song-Beverly Act – Breach of Expres...
2024.04.24 Motion for Judgment on the Pleadings 032
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.04.24
Excerpt: ...Cornelius Sr., Christopher D. Cornelius Sr., individually and successors in interest to Earl Conelius Jr., deceased . TRIAL DATE: Not Set. MOTION: (1) Motion for Judgment on the Pleading s Tentative Rulings: (1) GRANTED, with 20 days' leave to amen d I. BACKGROUND A. Factual On March 20, 2023, Plaintiffs, Carlos E. Cornelius Sr., Dwayne Cornelius, Jonathan L. Cornelius, Lamont Cornelius Sr., Christopher D. Cornelius Sr., individually and successo...
2024.04.23 Motion to Compel Further Deposition Testimony 912
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.04.23
Excerpt: ..., given the recent birth of a daughter to Plaintiff's counse l and his partner (2) Request for Monetary Sanctions also to be argued or continue d I. BACKGROUN D A. Factua l On October 10, 2022, Plaintiff, Daniel Sydney Andrews (“Plaintiff”) filed a Complaint against Defendants, Smart & Final LLC, Smart & Final Stores, LLC, and DOES 1 through 10. The Complaint alleged causes of action for: (1) Premises Liability; and (2) Gener al Negligence. T...
2024.04.23 Motion for Attorney Fees 772
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.04.23
Excerpt: ...Y : Plaintiffs, Avakian Engineering, Inc . and Marine Gasparian (No Opposition ) TRIAL DATE : March 17, 202 5¿ MOTION: (1) Defendant, Rolls -Royce Motor Cars Financial Services' Notice of Motion and Motion for Attorneys' Fees Tentative Rulings: (1) CONTINU E or Grant in reduced amount, depending on why Plaintiff has not opposed the motio n. I. BACKGROUN D A. Factua l On October 26, 2020, Plaintiffs Avakian Engineering, Inc., and Marine Gasparian...
2024.04.22 Motion for Judgment on the Pleadings 563
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.04.22
Excerpt: ... ) GRANTE D. I. BACKGROUN D A. Factual On August 9, 2023, Plaintiff, Sadrac k Ngue Ngu e (“Plaintiff”) filed a Complaint against Defendant, CarMa x Auto Superstores California, LLC. The Complaint alleges causes of action for: (1) Negligence; (2) Endangering Life of Others; (3) Emotional Distress; (4) Insomnia; (5) Shock; (6) Defective and Deceptive Mechanical Work; (7) Mechanical Fraud for Scam; (8) Faulty Car; (9) Anxiety; and (10) Fraud. De...
2024.04.18 Motion to Quash Deposition Subpoena 666
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.04.18
Excerpt: ...ven the fact that both parties appear to have engaged in host of litigation conduct disproportionate to the limited civil jurisdictio nal amount in controversy I. BACKGROUN D A. Factual On September 10, 2021, Plaintiff, Sebastian Medvei (“Plaintiff”) filed a Complaint against Defendant, Dominque Nikko Westmoreland, and DOES 1 through 100. The Complaint alleges a cause of action for Malicious Prosecution. Plaintiff, as a lawyer of Medvei Law G...
2024.04.18 Motion for Contempt 196
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.04.18
Excerpt: ...tively awards $35,000 in sanctions / civil contempt, plus $2,100 in attorneys fees, as indicated below . I. BACKGROUND ¿¿¿ ¿¿¿ A. Factual¿¿¿ This lawsuit is based on Plaintiffs alleged suffering years of mistreatment at the hands of their uphill -neighbor in Rolling Hills, Nourit Korzennik, Korzennik's alleged misconduct towards the Nakamuras included, but was not limited to: spitting on Mrs. Na kamura; mooning Mrs. Nakamura and her fami...
2024.04.17 Motion to Strike 083
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.04.17
Excerpt: ...laintiff”) filed a Complaint against Defendants, Searock PVE, LLC, Pinky Khan, Ahmad Khan, Tiffany Kawata, Murat Mese, and DOES 1 through 100. The Complaint alleges causes of action for: (1) Intentional Mi srepresentation; (2) Negligent Misrepresentation; (3) Fraudulent Concealment; (4) Private Nuisance; (5) Invasion of Privacy, Intrusion into Seclusion; (6) Intentional Infliction of Emotional Distress; (7) Breach of Implied Warranty of Habitab...
2024.04.17 Demurrer, Motion to Strike 006
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.04.17
Excerpt: ...Factual On January 2, 2024, Plaintiff Dwain Sutherland (“Plaintiff”) filed a Complaint against Defendants Command Guard Services, Inc. (“Command Guard”), Jenard Earnest Ainsworth (“Ainsworth”), Renaissance Homeowner's Association (“Renaissance HOA”), and Ross Morg an & Company (“Ross Morgan”) for (1) negligence, (2) negligent supervision, (3) negligent hiring, and (4) battery. The Complaint alleges the following facts: On ...
2024.04.15 Demurrer, Motion to Strike 402
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.04.15
Excerpt: ...omplaint against Defendant, Cristina Ricalday, and DOES 1 through 100. On January 4, 2 024, Plaintiffs filed a First Amended Complaint (“FAC”) alleging causes of action for: (1) Breach of Contract; (2) Misappropriation of Trade Secrets; (3) Intentional Interference with Contractual Relations; (4) Intentional Interference with Prospective Economic Advantage; (5) Negligent Interference with Prospective Economic Advantage; and (6) Unfair Busines...
2024.04.11 Motion to Compel Arbitration 176
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.04.11
Excerpt: ...letion of arbitration, and the Court sets an arbitration status conference for January 23, 202 3 at 8:30 a.m. I. BACKGROUN D A. Factua l On July 6, 2023, Plaintiffs, Karen Corea and Citywide Bins & Recycling Corporation (collectively “Plaintiffs”) filed a Complaint against Defendant, Tesla Motors, Inc., and DOES 1 through 10. The Complaint alleges causes of action for” (1) Violation of Civil Code § 1793.2(d); (2) Violation of Civil Code §...
2024.04.09 Motion to Compel Arbitration 860
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.04.09
Excerpt: ...on agreement. The Court would otherwise grant the motion under the third-party beneficiary exception, but AHM should have filed this motion within weeks of receiving plaintiff's August 2023 discovery responses. ¿ I. BACKGROUND¿¿ ¿¿ A. Factual ¿¿ ¿¿ On June 9, 2023, Plaintiff, Jason Robert Meader (“Plaintiff”) filed a Complaint against Defendants, American Honda Motor Co., Inc, and DOES 1 through 10. The Complaint alleges causes of ac...
2024.04.09 Motion for Leave to File TAC 300
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.04.09
Excerpt: ...Third Amended Complaint ¿ Tentative Rulings: (1) DENIED without prejudice. The Court does not see in the court file any moving papers to substitute a personal representative for the Decedent, although a hearing on such a motion is on calendar ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual ¿¿¿ ¿¿¿ On April 9, 2020, Plaintiffs, Randy Malveau and Erma Malveau filed a Complaint for Preliminary and Permanent Injunction against Defendant, Earl ...
2024.04.09 Demurrer 051
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.04.09
Excerpt: ...and OVERRULED in part. The Court identifies below areas for oral argument ¿¿ I. BACKGROUND¿¿ ¿¿ A. Factual ¿¿ ¿ On January 25, 2021, Plaintiff, Palos Verdes Bay Club Inc. (“Plaintiff”) filed a Complaint against Defendants, Construction Service Group Inc. dba Hunt Bros Roofing, Bradley Hunt, National Roofing Consultants, Inc., and DOES 1 through 25. On January 25, 20 21, Plaintiff filed a First Amended Complaint. On July 6, 2021, Plai...
2024.03.29 Motion for Terminating Sanctions 974
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.03.29
Excerpt: ...ENIED because although tardy, Defendant did ultimately comply with the Court- ordered discovery. Monetary Sanctions are GRANTED in the lowered amount of $2,500, payable by counsel for defendant to counsel for Plainti ffs on or before April 19. ¿ I. BACKGROUND¿¿ ¿¿ A. Factual ¿¿ ¿ On April 3, 2023, Plaintiffs, Giuseppe Sanzone and Caroline Petersen (collectively, “Plaintiffs”) filed a Complaint against Defendant, FCA US LLC, and DOES 1...
2024.03.29 Demurrer 361
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.03.29
Excerpt: ...o enable sufficient meet and confer process. I. BACKGROUND A. Factual On July 20, 2023, Plaintiff, Yadira Coleman (“Plaintiff”) filed a Complaint against Defendants, Devine Drip Beauty Bar dba Devine Frame Natural Spa LLC, Ariyana Hearod, and DOES 1 through 100. The Complaint alleges causes of action for: (1) Premises Liabil ity; (2) General Negligence; and (3) Products Liability. Plaintiff's action arises out of an alleged incident where Pla...
2024.03.27 Motion to Strike 934
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.03.27
Excerpt: ...hnso n TRIAL DATE : None Se t. MOTION: (1) Motion to Strik e Tentative Rulings: (1) GRANTED I. BACKGROUN D A. Factual On November 27, 2023, Plaintiff, Leorna Shevorn a Johnson filed a Complaint against Defendants, Herbert H. Buehler, an individual and Trustee of the Buehler Family Trust dat ed February 6, 2015, Rosemarie Buehler, an Individual and Trustee of the Rosemarie Buehler Family Trust dated April 9, 2022, and Lois Brown, and DOES 1 throug...
2024.03.27 Demurrer, Motion to Strike 402
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.03.27
Excerpt: ...able Plaintiff to file a Code- compliant opposition brief, hearing date to be discusse d (2) CONTINUE D for the same reaso n I. BACKGROUN D On May 3, 2023, Plaintiffs, O.R. Barkhordar D.D.S., Inc., Omid Rabi Barkhordar D.D.S., Inc., and O.H. Barkhordar Dental Group, Inc. (collectively, “Plaintiffs”) filed a Complaint against Defendant, Cristina Ricalday, and DOES 1 through 100 . On January 4, 2024, Plaintiffs filed a First Amended Complaint (...
2024.03.26 Motion to Dismiss 381
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.03.26
Excerpt: ...023, Plaintiff, Vivienne Halston (“Plaintiff”) filed a Complaint against Defendant, Victor Ortiz, Ashish Lal, and Esa Management, LLC. The Complaint alleges causes of action for: (1) Breach of Contract; (2) Fraud; and (3) General Negligence. On January 2, 2024, this Court sustained the demurrer to all causes of action, and allowed Plaintiff twenty (20) days leave to amend. Defendant, Victor Ortiz (“Ortiz”) notes that Plaintiff was properl...
2024.03.26 Motion to Compel Arbitration 125
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.03.26
Excerpt: ...Arbitration is GRANTED. (2) Arbitration status conference set for January 8, 2025, 8:30 a.m.; the April 11, 2024 CMC is advanced and vacate d ¿ I. BACKGROUND¿¿ ¿¿ A. Factual ¿¿ ¿¿ On September 21, 2023, Plaintiffs, Daniel Wei and Natalie Wei (collectively “Plaintiffs”) filed a Complaint against Defendants, American Honda Motor Co., Inc, and DOES 1 through 10. The Complaint alleges causes of action for: ” (1) Violation of Civil Code...
2024.03.26 Motion for Summary Adjudication 265
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.03.26
Excerpt: ...Doe filed this action against Defendants Innovative Fertility Center, Mark J. Rispler (collectively “Defendants”), and Does 1 -50 on September 9, 2021. On November 15, 2021, Plaintiff filed a First Amended Complaint (“FAC”) against Defendants alle ging the following causes of action: (1) Battery; (2) Sexual Assault; (3) Medical Negligence; and (4) Intentional Infliction of Emotional Distress. These causes of action are based on Plaintiff'...
2024.03.26 Motion for Judgment on the Pleadings 124
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.03.26
Excerpt: ...ntiff, Vinetta Waller -Ngangu, filed a Complaint against Defendant, Kohl's Inc., and DOES 1 through 75. The Complaint alleges causes of action for: (1) Premises Liability; and (2) General Negligence. On February 22, 2024, this Court GRANTED Khol's Motion to Deem Requests for Admission as Admitted. Now, Defendant Kohl's files a Motion for Judgment on the Pleadings as to Plaintiff's entire Complaint on the grounds that the Requests for Admission be...
2024.03.22 Motion to Quash Deposition Subpoena, for Monetary Sanctions 732
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.03.22
Excerpt: ...s Tentative Rulings: (1) Defendant's Motion to Quash Deposition Subpoena for Production of Business Records is DENIED . (2) Request for Monetary Sanctions are DENIED . I. BACKGROUND¿ ¿ A. Factual ¿ On May 13, 2023, Plaintiffs, Andreea Popa and Robert Popa (collectively “Plaintiffs”) filed a Complaint against Defendant, Ian Anthony White, and DOES 1 through 20. The Complaint alleges causes of action for personal injuries, property damage, a...
2024.03.20 Motion to Continue Trial 742
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.03.20
Excerpt: ...nued to J uly 26, 2025, 9:30 a.m. NO FURTHER CONTINUANCES WILL BE ALLOWED IF REQUESTED BY FABIAN OR NICKEL, ABSENT EXTRAORDINARY CIRUCMSTANCE S OR STIPUALTION OF ALL PARTIE S I. BACKGROUN D A. Factual Plaintiff Luann Fabian (“Plaintiff”) filed this action against Defendant Robert Nickell (“Defendant ” or “Nickell ”) on October 15, 2020, alleging causes of action for breach of contract and common count. Plaintiff alleges that on March ...
2024.03.20 Motion to Compel Further Responses 362
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.03.20
Excerpt: ... Plaintiff, Paul Herrera (2) Motion to Compel Further Responses to Special Interrogatories, Set One to Plaintiff, Paul Herrera (3) Motion to Compel Further Responses to Requests for Production of Documents, Set One to Plaintiff, Paul Herrera (4) Motion to Compel Plaintiff's Further Responses to Requests for Admission to Plaintiff and Cross-Defendant Paul Herrera (5) Requests for Sanctions (6) Stipulation to continue the April 8, 2024 trial Tentat...
2024.03.19 Motion for Summary Judgment 927
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.03.19
Excerpt: ... through his Guardian ad Litem, Gayane Ambartsumyan; Mi chael Andrew Terpanjian, a Minor, by and through his Guardian ad Litem, Gayane Ambartsumyan. ¿¿ TRIAL DATE: April 29, 2024 ¿¿ MOTION:¿ (1) Motion for Summary Judgment ¿ Tentative Ruling: (1) Defendant, Michelle Y. McNee's Motion for Summary Judgment is GRANTED, but the parties are to DISCUSS with the Court the waiver -of - costs contingency in Plaintiffs' statement of non -opposition I...
2024.03.19 Motion for Leave to File Complaint 811
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.03.19
Excerpt: ... BACKGROUND¿ A. Factual ¿ On March 20, 2023, Plaintiff, Gabriela Licea (“Plaintiff”) filed a Complaint against Defendant, O'Connell Landscape Maintenance Inc., Jones Lang LaSalle Americas, Inc., and DOES 1 through 50. The Complaint alleges a cause of action for: (1) Negligence. On February 6, 2024, this case was transferred to this Court from Judge Stern's courtroom in Torrance. On January 10, 2024, Defendants, O'Connell Landscape Maintenan...
2024.03.15 Motion to Compel Responses 116
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.03.15
Excerpt: ...f, Elsa Feeny's Responses to Form Interrogatories, Set One (2) Motion to Compel Plaintiff, Elsa Feeny's Responses to Special Interrogatories, Set One (3) Motion to Compel Plaintiff, Elsa Feeny's Responses to Demand for Production of Documents, Set One (4) Request for Sanctions Tentative Rulings: (1) GRANTED (2) GRANTED (3) GRANTED (4) GRANTED $373 per motion, totaling $1,119. I. BACKGROUND ¿¿¿ ¿¿¿ A. Factual ¿¿¿ ¿¿¿ On January 12, 202...
2024.03.13 Motion to Approve Consent Judgment 166
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.03.13
Excerpt: ... Motion to Approve of Consent Judgment is GRANTED . I. BACKGROUND A. Factual On April 14, 2023, Plaintiff, Calsafe Research Center, Inc. (“Plaintiff”) filed a Complaint against Defendant, Cordials a USA, Inc., a Texas domestic for -profit corporation (“Defendant ”), an d DOES 1 through 10. The Complaint alleges one cause of action for Violation of Proposition 65. Plaintiff now moves for a Motion to Approve Consent Judgment. B. Procedural ...
2024.03.12 Demurrer 381
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.03.12
Excerpt: ...n consolidated with the civil action ¿¿ MOTION:¿ (1) Antonio Trujillo's Demurrer¿ (2) Lucila Parra's Demurrer ¿ Tentative Rulings: (1) Antonio Trujillo's Demurrer¿is SUSTAINED without leave to amend unless Plaintiff identifies what specific amendments can be alleged to allow one last opportunity to cure the pleading defects (2) Lucila Parra's Demurrer is also SUSTAINED with the same views by the Court on leave to amend. ¿ I. BACKGROUND ¿�...
2024.03.08 Demurrer 190
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.03.08
Excerpt: ...KGROUND A. Factual On December 20, 2023, Plaintiff, Collin J. Burt (“Plaintiff”) filed a Complaint against Defendants, U.S. Bank National Association (erroneously sued as US Bank), and Clarisa Espinoza. The Complaint alleges causes of action for: (1) Common Counts; (2) Inten tional Tort- Grand Larceny; and (3) Motor Vehicle Negligence. Now, Defendants, U.S. Bank National Association and Clarisa Espinoza (collectively, “Defendants”) file a...
2024.03.07 Motion to Compel Visual Inspection, for Sanctions 584
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.03.07
Excerpt: ...el Visual Inspection (2) Request for Sanctions Tentative Rulings: (1) GRANTED, with the inspection to be conducted on April 3 if the parties cannot agree to another date (2) Request for Sanctions is conditionally GRANTED, but not attorney's fees, as discussed below I. BACKGROUND ¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On July 14, 2022, Plaintiffs, Casino, LLC dba Larry Flynt's Lucky Lady Casino and Affiliated FM Insurance Company (collectively “P...
2024.03.05 Motion for Leave to File FAC 883
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.03.05
Excerpt: ...ils in oral argument as to the chronology of events giving rise to the need to amend a suit filed in 2021 at this late date. Given the looming trial date, the Court may give Plaintiff the option of continuing the trial with a granting of the motion, or keeping the trial date and the Court denying the motion ¿¿ I. BACKGROUND ¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On December 16, 2023, Plaintiff, Mary Evans (“Plaintiff”) filed a Complaint agai...
2024.02.29 Motion to Compel Deposition of PMK 095
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.29
Excerpt: ...lings: (1) ARGUE. (2) Deferred I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On February 9, 2022, Plaintiff Carlo A. Coppola (“Plaintiff”) filed a complaint against Defendant Luxe H2O, incorporated (“Luxe”) and DOES 1 through 100 for the following causes of action: (1) negligence; (2) breach of contract; and (3) breach of express w arranty. This matter involves allegations of construction defects and damages to Plaintiff's residence located ...
2024.02.29 Motion to Compel Arbitration 375
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.29
Excerpt: ... GRANTED (2) GRANTED. The Civil action will be stayed except that the Court will set an Arbitration Status Hearing for December 13, 2024, 8:30 a.m., Dept. ING-8. I. BACKGROUND A. Factual On July 21, 2023, Plaintiff, Ronald Harris (“Plaintiff”) filed a Complaint against Defendants, Uber Technologies, Inc., Rasier, LLC, Rasier -CA, LLC, Jogn Mark Vassell, and DOES 1 through 50. The Complaint alleges causes of action for: (1) Motor Vehicle Neg l...
2024.02.28 Motion to Compel Further Responses 664
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.28
Excerpt: ... Documents, Set On e Tentative Rulings: (1) CONTINUED to March 20, 2024, with parties ordered to meet and confer in light of guidance by the Court and an amended separate statement to be submitted by Plaintiffs as discussed belo w ¿¿ ¿ I. BACKGROUND ¿¿ ¿¿ A. Factual¿¿ ¿ On February 5, 2021, Plaintiffs, Adam Bouzoubaa Abderrahman and Serine Limo Inc. (collectively “Plaintiffs”) filed a Complaint against Defendant, General Motors, LLC...
2024.02.28 Demurrer 924
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.28
Excerpt: ...Rulings: (1) Defendants' Demurrer is OVERRULED (2) Plaintiff's ex parte application is denied, but the Court will apply the Legislative intent expressed in Plaintiff's supplemental briefing to toll the statute of limitations based on the clerical error o f rejecting Plaintiff's attempted filing of the Complaint earlier than the file- stamped date of October 11, 2022. I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On October 11, 2022, Plaintiff, Milag...
2024.02.27 Motion for Leave to Intervene to Expunge Lis Pendens 654
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.27
Excerpt: ...yMac's Motion for Leave to Intervene to Expunge Lis Pendens is DENIED without prejudice. There is no proposed Complaint in Intervention or Answer in Intervention submitted with the motion ¿¿ ¿ I. BACKGROUND ¿¿ ¿¿ A. Factual¿¿ On September 9, 2021, Plaintiff, Jiali Yan (“Plaintiff”) filed a Complaint against Defendant, Michael Antony Forbes/Forbes Estates, LLC. The Complaint alleges a cause of action for Fraud. On November 16, 2021, D...
2024.02.23 Motion to Compel Deposition, for Sanctions 666
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.23
Excerpt: ...Sanctions Tentative Rulings: (1) Plaintiff's Motion to Compel Deposition of Defendant, Dominique Nikko Westmoreland is GRANTED. If the parties cannot agree on a date, time, and/or place for the deposition, it shall be held in person on March 5, 2024 commencing at 10 a.m. at the offices o f Plaintiff's counsel (2) Plaintiff's Request for Sanctions is DENIED ¿¿ ¿¿ I. BACKGROUND ¿¿¿ ¿¿¿ ¿¿¿ On September 10, 2021, Plaintiff, Sebastian Me...
2024.02.23 Motion for Preliminary Approval of Class Action Settlement 299
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.23
Excerpt: ...1) Motion for Preliminary Approval of Class Action Settlement Tentative Rulings: (1) GRANTED I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On April 26, 2023, Plaintiff, Patria Sosa, individually and on behalf of all other aggrieved employees (“Plaintiff”) filed a Complaint against Defendants, The Sunrider Corporation, a Utah Corporation, Sunrider Manufacturing, L.P., a California Limited Part nership, Sunlife Herbal Company, Inc., a California Corpor...
2024.02.23 Demurrer, Motion to Strike 881
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.23
Excerpt: ...ca, Inc.'s Motion to Strike ¿ Tentative Rulings: (1) Defendant, Extended Stay America, Inc.'s Demurrer is OVERRULED in part and SUSTAINED in part. (2) Defendant, Extended Stay America, Inc.'s Motion to Strike is DENIED in part and MOOTED in part. I. BACKGROUND ¿¿ ¿¿ A. Factual¿¿ ¿ On June 12, 2023, Plaintiffs, Deandre Davon Fluckers, Renzo Ross, and Lisa Y. Ross filed a Complaint against Defendants, Extended Stay America, Inc., Orkin, LLC...
2024.02.21 Motion to Compel Responses 346
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.21
Excerpt: ... Ulloa's responses to Form Interrogatories, Set One (2) Motion to Compel Plaintiff, Edwin J. Ulloa's responses to Special Interrogatories, Set One (3) Motion to Compel Plaintiff, Edwin J. Ulloa's responses to Requests for Production of Documents, Set One Tentative Rulings: (1) GRANTED (2) GRANTED (3) GRANTED I. BACKGROUND ¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On February 7, 2023, Plaintiffs, Cecilia Tapia De Ulloa and Edwin J. Ulloa, as individua...
2024.02.14 Motion for Summary Judgment, Adjudication 918
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.14
Excerpt: ...arch 28, 2023, Plaintiff, Vivianne Jean Cole (“Plaintiff”) filed a Complaint against Subaru of America Inc., Subaru Pacific, and DOES 1 through 10. On June 16, 2023, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action for: (1) Violation of the Song -Beverly Consumer Warranty Act – Breach of Express Warranty; (2) Violation of the Song Beverly Consumer Warranty Act – Breach of Implied Warranty; (3) Violation of B...
2024.02.08 Motion to Compel Deposition of PMQ 847
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.08
Excerpt: ...position of Defendant's PMQ is DENIED. I. BACKGROUND¿ ¿ A. Factual¿ On November 17, 2020, Plaintiff DRAKK Holdings, LLC (“DRAKK”) filed this action against Defendant, PSIP SN Vermont, LLC (“PSIP”). On September 29, 2021, Plaintiff filed a Second Amended Complaint. On November 30, 2022, Plaintiff filed a Third Amended Complaint (“TAC”) alleging cases of action for: (1) Specific Performance/Express Written Contract; (2) Specific Perf...
2024.02.06 Motion to Compel Deposition, for Sanctions 666
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.06
Excerpt: ...ions Tentative Rulings: (1) Plaintiff's Motion to Compel Deposition of Defendant, Dominique Nikko Westmoreland is GRANTED to be taken on or before February 23, 2024 (2) Monetary sanctions are GRANTED in the amount of $960, payable on or before February 29, 2024 from Defendant to the Plaintiff's counsel ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ ¿¿¿ On September 10, 2021, Plaintiff, Sebastian Medvei (“Plaintiff”) filed a Complaint against Defenda...
2024.02.06 Motion to Compel Arbitration 025
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.06
Excerpt: ...TED as against Plaintiff, but the Court DENIES to compel non-signatory ARCH into arbitration but stays the civil litigation as to ARCH pending a hearing on a petition to enforce the arbitrator's award. The Court also sets an arbitration status conference for December 10, 2024 at 8:30 a.m. in Department IW-8 I. BACKGROUND¿ ¿ A. Factual¿ On April 4, 2023, Plaintiff, American Ironworks Manufacturing, Inc. (“Plaintiff”) filed a Complaint again...
2024.02.06 Demurrers, Motion to Strike 277
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.06
Excerpt: ...fendant, LAZ Karp Associates, LLC's Demurrer (2) Defendant, LAZ Karp Associates, LLC's Motion to Strike (3) Defendant, City of Inglewood's Demurrer (4) Continued CMC Tentative Rulings: (1) LAZ Karp Associates, LLC's Demurrer is SUSTAINED with 20 days leave to amend (2) LAZ Karp Associates, LLC's Motion to Strike is MOOTED in part, and GRANTED in part and DENIED in part (3) City of Inglewood's Demurrer is SUSTAINED with 20 days leave to amend (4) ...
2024.02.02 Demurrer, Motion to Strike 781
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.02
Excerpt: ...uccessfully amend in light of the deficiencies in the operative pleading (2) Motion to Strike is MOOTED I. BACKGROUND A. Factual On March 17, 2023, Plaintiff, Calsafe Research Center, Inc (“Plaintiff” or “CRC”) filed a Complaint against Defendant, Maruchan, Inc. (“Defendant”) and DPES 1 through 10. On May 5, 2023, Plaintiff filed a First Amended Complaint (“FAC”) alleging a cause of action for: (1) Violation of Proposition 65. The...
2024.02.02 Demurrer 742
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.02
Excerpt: ...ian (“Plaintiff”) filed this action against Defendant Robert Nickell (“Defendant”) on October 15, 2020, alleging causes of action for breach of contract and common count. Plaintiff alleges that on March 8, 2018, Plaintiff and Defendant entered into a promissory note for $311,276.81 with interest of 9% per annum. Defendant is alleged to have breached the note by failing to pay the principal and accrued interest. Predating this agreement, t...
2024.02.01 Demurrer 800
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.01
Excerpt: ...Set. ¿¿ MOTION:¿ (1) Demurrer Tentative Rulings: (1) ARGUE as to whether the FAC actually alleges a pre-litigation request for a FEHA-like reasonable accommodation as to the elevator and pool issues, as opposed to a request to remedy facilities in need of repair at the apartment building. SUSTAIN with leave to amend as to the Unruh Act cause of action I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On August 24, 2023, Plaintiffs, Susanne Rose, Nick...
2024.01.30 Motion to Set Aside Default 687
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.30
Excerpt: ... condition that ProCorp reimburse Blusky for the costs of service and for $500 in reasonable attorneys fees incurred by Blusky in opposing this motion ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On September 30, 2021, Plaintiff, State Farm General Insurance Company (“Plaintiff”) filed a Complaint against Defendant, Blusky Restoration Contractors, LLC. On June 13, 2022, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of...
2024.01.30 Motion for Undertaking 084
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.30
Excerpt: ...ulings: (1) ARGUE. While there may be a reasonable possibility that Defendant will prevail in this premises liability case, the amount of the requested undertaking seems excessive since court costs in a garden variety slip and fall case are perhaps 20% of the $53k amount the motion seeks I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On October 27, 2022, Plaintiff, Christian Kawaharada (“Plaintiff”) filed a Complaint against Defendant, Los Angele...
2024.01.30 Motion for Summary Judgment, Adjudication 950
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.30
Excerpt: ...n (2) Final Status Conference Tentative Rulings: (1) GRANTED, without prejudice to a post-judgment motion for relief from forfeiture that satisfies the Section 1179 statutory requirements (2) Mooted I. BACKGROUND A. Factual On February 24, 2020, Plaintiff, 6232 Manchester LLC (“Plaintiff”) filed a Complaint for Unlawful Detainer against Defendant, Orb Tertius, LLC, and DOES 1 through 10. This action involves the real property located at 6224 ...
2024.01.29 Motion to Compel Further Responses, for Sanctions 468
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.29
Excerpt: ...rogatories, Set One (2) Motion to Compel Further Responses from Defendant to Respond to Special Interrogatories, Set One (3) Motion to Compel Further Responses from Defendant to Respond to Request for Production of Documents, Set One (4) Motion to Compel Further Responses from Defendant to Respond to Requests for Admission, Set One (5) Request for Sanctions ¿ Tentative Rulings: (1-3) GRANTED; verified further responses without objections are due...
2024.01.29 Motion to Compel Arbitration 373
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.29
Excerpt: ...ornia Translation Act applies to the subject contract. I. BACKGROUND A. Factual On May 1, 2023, Plaintiff, Kelly Poz and Ester Poz (collectively “Plaintiffs”) filed a Complaint against Defendant, Continental Funeral Home (Hawthorne), Inc., and DOES 1 through 100. The Complaint alleges causes of action for: (1) Breach of Contract; and (2) Negligent Infliction of Emotional Distress. Defendant seeks to enforce an arbitration clause and stay this...
2024.01.29 Motion for Leave to File SAC 525
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.29
Excerpt: ...ion) ¿¿¿ ¿¿¿ TRIAL DATE: May 28, 2024 ¿¿¿ MOTION:¿ (1) Plaintiffs' Motion for Leave to File Second Amended Complaint ¿¿ Tentative Rulings: (1) GRANTED ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On June 29, 2022, Plaintiffs, Sikder Holdings International, Inc, R&R Beverages Group PTE, LTD, Lisa Haque, and Nasim Sikder filed a Complaint against Defendants, Michael Ball, Marsha NA Nongkhai, aka Asha Kai, Ultracor, inc.,...
2024.01.26 Demurrer 604
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.26
Excerpt: ...iled a Complaint against Defendants, City of Los Angeles, County of Los Angeles, and DOES 1 through 100. The Complaint alleges causes of action for: (1) Liability for Dangerous Condition of Public Property pursuant to Government Code § 835, et seq.; and (2) Vicarious Liability for the Wrongful Acts of Omissions by Public Entity Employees and/or Retention of Unfit Employee – CA Gov. Code § 815.2. The Complaint is based on the allegation that o...
2024.01.25 Demurrer 116
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.25
Excerpt: ...eptember 20, 2023, Plaintiff, Jose Diaz (“Plaintiff”) filed a Complaint against Defendants, Wilmington Avenue Vested Enterprises LLC; Vanitas Manufacturing, Inc., and DOES 1 through 100. On October 31, 2023, Plaintiff DOE'd in Defendant, 16539 South Main Street LLC. On December 11, 2023, Plaintiff DOE'd in Defendant, Alliance Guard Services, Inc. The Complaint alleges causes of action for: (1) Negligence; (2) Assault and Battery; and (3) Prem...
2024.01.25 Demurrer, Motion to Strike 632
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.25
Excerpt: ...On March 3, 2023, Plaintiff, Shanika Pope (“Plaintiff”) filed this action against Defendant, General Motors, LLC (“Defendant”), and DOES 1 through 10. On June 16, 2023, Plaintiff filed a First Amended Complaint (“FAC”), as to which GM demurred resulting in leave to amend. On November 8, 2023, Plaintiff filed a Second Amended Complaint (“SAC”) alleging causes of action for: (1) Violation of Civil Code § 1793.2(d); (2) Violation of...
2024.01.25 Motion to Compel Arbitration 925
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.25
Excerpt: ... law of Delaware in their moving or opposing papers. Further, the arbitration provision includes a mediation provision before submitting the dispute to arbitration, and while it is clear from the opposition that there is a dispute as to whether the employment dispute must be arbitrated there is no evidence of any effort to first mediate. In addition, Plaintiff's opposing declaration and exhibit raise the specter of a dispute over the very validit...
2024.01.25 Motion to Compel Arbitration 999
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.25
Excerpt: ...n June 23, 2023, Plaintiff, Omid Nejati (“Plaintiff”) filed a Complaint against Defendant, Tesla Motors, Inc., and DOES 1 through 10. The Complaint alleges causes of action for” (1) Violation of Civil Code § 1793.2(d); (2) Violation of Civil Code § 1793.2(b); (3) Violation of Civil Code § 1793.2(a)(3); (4) Breach of Express Written Warranty – Civil Code § 1791.2 (a), Section 1794; and (5) Breach of the Implied Warranty of Merchantabil...
2024.01.25 Motion to Continue Trial 625
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.25
Excerpt: ...on, and expert deadlines correspondingly re-scheduled to be based on the new trial date I. BACKGROUND A. Factual This action involves an in pro per defendant. Plaintiffs are investors in various businesses allegedly established by Defendant, Michael Ball (“Defendant”) memorialized in written contracts. Plaintiffs allege that at Defendant's instance, Plaintiffs were induced to appoint him as manager of the investments upon an agreement to prov...
2024.01.24 Motion for Summary Adjudication 901
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.24
Excerpt: .... Factual On October 2, 2022, Plaintiffs Benjamin R. Murti and Ashika Devi (collectively, “Plaintiffs”) filed this action against THOR Motor Coach, Giant RV Colton, and DOES 1 through 10. The Complaint alleges a cause of action based on violation of Song-Beverly Consumer Warranty Act. On June 12, 2023, Plaintiffs filed their First Amended Complaint (“FAC”) alleging causes of action for: (1) Violation of Song-Beverly Consumer Warranty Act;...
2024.01.23 Motion to Compel Further Responses 649
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.23
Excerpt: ...ey definitions in the subject RFP are objectionably vague and ambiguous, and the burden to a company as large as GM conducting a company-wide ESI search appears to outweigh the discoverability for some if not most of what is being sought. The ruling is without prejudice to further discovery requests, such as documents evidencing the failure rate of oil filters in model year 2023 Cadillac Escalades sold or leased in California, or documents consti...
2024.01.22 Motion for Contempt, for Sanctions 610
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.22
Excerpt: ...ive Rulings: (1) DENY Motion for Order RE: Contempt, but GRANT evidentiary sanctions as against Plaintiffs. Plaintiffs are to be barred from offering evidence or argument that any claimed defects in the subject vehicle have not been successfully remedied. The Court also GRANTS Defendant monetary sanctions as against Plaintiffs in the amount of $2,000. I. BACKGROUND A. Factual On August 28, 2020, Plaintiff, Earl Brown and Shonte Powers (collective...
2024.01.19 Motion to Tax Costs 545
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.19
Excerpt: ... included in Cost Bill item 11 (Court reporter fees of $35,283.00). GRANTED as to item 16 (Other in the amount of $6,223.81) until and unless plaintiffs' counsel can direct the Court to the specific items included in the over 80-page attachment to the Cost Bill that plaintiffs claim should be awarded I. BACKGROUND¿¿ ¿¿ On January 8, 2024, this Court continued the hearing on this motion to allow declarations to be filed on behalf of defense co...
2024.01.19 Motion for Judgment on the Pleadings 580
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.19
Excerpt: ...te of limitations grounds as to the 4 th and 5 th causes of action under 28 U.S.C. § 1983 because the Court finds Code of Civil Procedure § 335.1 provides the borrowed statute of limitations for Section 1983 actions and this 60-year-old federal civil rights claims are barred under the two-year statute of limitations in section 335.1. I. BACKGROUND A. Factual On December 23, 2022, Plaintiff, M.B. (“Plaintiff”) filed a Complaint against Defen...
2024.01.19 Demurrer 924
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.19
Excerpt: ...ROUND A. Factual On October 11, 2022, Plaintiff, Milagros filed a Complaint against Defendants Xavier Flores and Dana Jenkins (collectively “Defendants”). The Complaint alleges causes of action for: (1) Motor Vehicle Negligence; and (2) General Negligence. Defendants filed a Demurrer to the Plaintiff's Complaint. B. Procedural On September 25, 2023, Defendants filed this demurrer. To date, no opposition has been filed. On December 1, 2023, th...
2024.01.17 Motion to Compel Responses, for Sanctions 732
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.17
Excerpt: ... Request for Sanctions Tentative Rulings: (1) Plaintiffs' Motion to Compel Defendant's Responses to Form Interrogatories, Set One is GRANTED as to Form interrogatories 6.1 and 6.2 in part and DENIED in part. The other 6-series form interrogatories were not requested by Plaintiff of Defendant (2) Plaintiffs' Request for Sanctions is DENIED (3) Defendant's Request for Sanctions is DENIED I. BACKGROUND¿ ¿ A. Factual¿ On May 13, 2023, Plaintiffs, ...
2024.01.16 Motion to Compel Arbitration 667
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.16
Excerpt: ...ainst Defendant, Tesla Motors, Inc., and DOES 1 through 10. The Complaint alleges causes of action for” (1) Violation of Civil Code § 1793.2(d); (2) Violation of Civil Code § 1793.2(b); (3) Violation of Civil Code § 1793.2(a)(3); (4) Breach of Express Written Warranty – Civil Code § 1791.2 (a), Section 1794; and (5) Breach of the Implied Warranty of Merchantability – Civil Code § 1791.1, Section 1794. The Complaint is based on a Novemb...
2024.01.12 Motion to Compel Responses, to Deem RFAs Admitted, for Sanctions 111
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.12
Excerpt: ...nt, Farzin Rousta to respond to Requests for Production of Documents (3) Motion to Deem Requests for Admission as Admitted against Defendant Farzin Rousta aka Fred Rousta (4) Request for Sanctions Tentative Rulings: (1), (2), (3) The substantive motions are largely MOOTED by Defendant's attachment to its Opposition the verified answers to interrogatories and admission or denials of the subject RFAs. The Court orders Defendant to properly serve or...
2024.01.11 Motion to Compel Answers, to Deem RFAs Admitted 634
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.11
Excerpt: ...o Compel Defendant, South Coast Botanic Garden Foundation, Inc. to Answer, Without Objection, Plaintiff's Discovery Requests and Deem Plaintiff's Requests for Admission Admitted. (2) Motion to Compel Defendant, County of Los Angeles to Answer, Without Objection, Plaintiff's Discovery Requests (3) Request for Sanctions Tentative Rulings: (1) Mooted, but to pre-empt an expected motion to compel FURTHER responses, the Court will issue an advisory ru...

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