Excerpt: ...dai Securities Co., Ltd. v. Lee (2013) 215 Cal.App.4th 682, 693.) “[A] plaintiff, in order to obtain recognition of a foreign -country money judgment must proceed in accordance with the normal procedures applicable to actions and not by way of a motion or petition to recognize the foreign -country money judgment.” ( Ibid. ) If a plaintiff “wishes to have its contentions dealt with summarily, it must do so by way of a motion for summary judg...

Excerpt: ...otice. Defendants filed a motion to quash this deposition subpoena, which stayed the taking of the deposition, then withdrew it. On April 3, 2024, the Court continued the hearing on this motion pursuant to stipulation and order in light of the parties agreeing that the deposition would proceed on May 1, 2024. On May 13, 2024, Defendant Patrick Gogerchin filed a Supplemental Opposition indicating that Marcus appeared for a first deposition session...

Excerpt: ...es that she was a patron at Defendant's The Coffee Bean & Tea Leaf (Premises) and was walking inside of the store when she slipped and fell in a large puddle of soapy water on the floor. (Compl. ¶ 7.) Plaintiff alleges that Defendant knew or should have known that the slippery substance on the surface of the floor of the store aisle constituted a dangerous condition. ( Id.) The hearing on the instant MSJ/MSA was initially scheduled for 5/10/2024...

Excerpt: ...; Villa v. McFerren (1995) 35 Cal.App.4th 733, 741.) Courts use a three -step analysis: “(1) identify the issues framed by the pleadings; (2) determine whether the moving party has negated the opponent's claims; and (3) determine whether the opposition has demonstrated the existence of a triable, material fac tual issue.” (Hinesley v. Oakshade Town Center (2005) 135 Cal.App.4th 289, 294.) Defendant establishes it is entitled to summary judgme...

Excerpt: ...surance Company. The operative Firs t Amended Complaint, filed July 25, 2022, alleges (1) personal injury and property damage, (2) breach of contract, (3) breach of the implied covenant of good faith and fair dealing, and (4) bad faith denial of insurance coverage. Plaintiffs owned a duplex in Los Angeles, in which Robert Blaisch and Kenneth Eldon were tenants. The duplex burned down in a fire due to the alleged negligence of Blaisch and Eldon, w...

Excerpt: ...Inc. TRIAL DATE: September 9, 2024 MOTION: (1) Motion for Trial Preference Tentative Rulings: (1) Plaintiff's Motion for Trial Preference is GRANTED. I. BACKGROUND A. Factual This action concerns the wrongful death of decedent Gamaliel Gonzalez, who was working inside an oil storage tank at Torrance Refinery, when a jack stand his crew was using malfunctioned under weight, causing parts of the jack stand to break apart under hi gh velocity, strik...

Excerpt: ...S MOTION TO AMEND COMPLAINT (filed 03/28/2024) TENTATIVE RULING Plaintiff's motion to amend Complaint is DENIED. I. BACKGROUND On September 4, 2020, Plaintiffs Animal Protection and Rescue League, Inc. (“APRL”), and Dina Kourda (“Kourda”) (collectively “Plaintiffs”) filed a Complaint. The operative pleading is the Second Amended Complaint (“SAC”) which alleges causes of action fo r (1) Consumer Legal Remedies Act, (2) unfair busin...

Excerpt: ...C) (1) PLAINTIFF/CROSS -DEFENDANT HOMELAND'S MOTION TO AMEND COMPLAINT (filed 04/25/2024) (2) DEFENDANT/CROSS -COMPLAINANT WESCO'S MOTION TO STAY (filed 05/01/2024) TENTATIVE RULING Homeland's motion to amend the first amended complaint is GRANTED. Homeland is ordered to file the proposed First Amended Complaint in ten (10) days. Wesco's motion to stay is GRANTED. I. BACKGROUND This is an insurance coverage dispute between insurance carriers whic...

Excerpt: ...A claim . On April 25, 2024, Defendant filed the instant motion to compel arbitration. Plaintiff filed his opposition on May 13, 2024. Defendant filed its reply on May 17, 2024. LEGAL STANDARD “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent t...

Excerpt: ...s considered the moving, opposition, and reply papers. BACKGROUND This action arises from Plaintiff Erika Ramirez (“Ramirez”) purchasing a 2021 Mercedes - Benz C300W (the “Subject Vehicle”). On June 26, 2023, Plaintiff filed a Complaint against Defendants LAD MB, LLC, Mercedes-Benz Financial Services USA LLC, Mercedes -Benz USA, LLC (“MBUSA”), Travelers Casualty Insurance Company of America (collectively “Defendants”), as well as ...

Excerpt: ...3) TENTATIVE RULING The Motion to Compel Compliance with Subpoena for Records of Third Party Witness is DENIED. I. BACKGROUND This case arises out of a complaint for elder abuse filed by Plaintiff and Cross -Defendant Claudia Neuman against Defendant and Cross -Complainant Evie Ryland (“Ryland”). In the Complaint, Plaintiff and Cross- Defendant Claudia Neuman alleges, among other things, that Ryland exerted undue influence on Marian Neuman (�...

Excerpt: ...t to resolve informally: Yes, Exs. C, D FACTUAL BACKGROUND: Plaintiff Eddie Soto alleges that in December of 2020, plaintiff leased a 2021 Kia Sorento for which a written warranty was issued by defendant Kia America Inc., pursuant to which Kia America, Inc. agreed to preserve or maintain the utility or performance of the vehicle or provide compensation if there was a failure in such utility or performance. Plaintiff alleges that the vehicle was d...

Excerpt: ...nsidered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least nine court days prior to the hearing pursuant to California Code of Civil Procedure, Section 1005(b). BACKGROUND On April 13, 2022, Petitioner Metlife Home and Auto (“Petitioner”) filed a Petition for Assignment of Miscellaneous Court Number in Uninsured Motorist Arbitration Matter (the “Petition”) agains...

Excerpt: ... Estate”) and SA Hospital Real Estate Holdings-Jefferson, LLC (“SAH Jefferson”) (hereinafter collectively, the “SAH Entities”) own and/or operate the South City Hospital (“Hospital”) in St. Louis, Missouri. Defendants Lawrence Feigen (“Feigen”) and Jeffrey Ahlholm (“Ahlholm”) are the owners/agents of the SAH Entities. B.R. Resources and the SAH Entities ent ered into a “Master Service Agreement” (“MSA”), wherein B.R....

Excerpt: ... of a deposition notice, a party to the action . . . without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it . . . th e party giving the notice may move for an order compelling the deponent's attendance and testimony . . . .” (Code Civ. Proc., § 2025.450(a).) “Any party served with a deposition notice . . . waives any error or irregularity unless that party promptly serves a ...

Excerpt: ... Maxx of CA, LLC (“Defendant”) NOTICE: OK RELIEF REQUESTED: An order compelling Defendant to produce its employee Paul Kangas at deposition to answer questions and produce documents, and imposing sanctions of $2,450.00 against Defendant and its attorney of record. TENTATIVE RULING: The motion is GRANTED. The request for monetary sanctions is GRANTED IN PART. BACKGROUND This action arises from alleged personal injuries that Plaintiff sustained...

Excerpt: ...e notice of motion. If the separate statement refers to matters not in the notice of motion, the court does not consider them. 175 Deny further response 176 Moot, not in separate statement 176 Deny further response 177 Deny further response 178 Deny further response 179 Deny further response 180 Deny further response 181 Deny further response 182 Deny further response 183 Deny further response 184 Deny further response 185 Deny further response 1...

Excerpt: ... sought CRC separate statement, etc.: Yes DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Not since supplemental responses served FACTUAL BACKGROUND Plaintiff Adrineh Ordookhanian alleges that she has been an employee of defendant County of Los Angeles (County) for over sixteen years, and in 2016 applied for a promotion within the County's assessor's office, for which she was fully qualified. Plaintiff alle...

Excerpt: ...dant”) arising fr\ om its purchase of a 2023 Cadillac Escalade (“Subject Vehicle”). Plaint\ iff alleges that Defendant advertised the sale of the Subject Vehicle for a certain price\ on the internet but when Plaintiff came to purchase it, Plaintiff was charged $\ 40,000 more than the advertised price without his knowledge. On September 22, 2023, Defendant served Plaintiff with Requests for Production of Documents, Set One. Plaintiff served ...

Excerpt: ...ALYSIS Motion To Compel Mental Exam Defendant County of Los Angeles moves to compel a mental examination of Plaintiff. Civ. Proc. Code, § 2032.020(a) provides in relevant part: (a) Any party may obtain discovery, subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), by means of a . . . mental examination of (1) a party to the action, . . . in any action in which the mental . . . condition . . . of that party . . ...

Excerpt: ... this Notice, the attached Memorandum of Points and Authorities, the Declaration of Patrick J. Torsney, Esq., the court file and on such further information as may be presented at the hearing.” (Def. Mot. p. 2-3.) [The Court notes that Movant refers to itself as “Defendants.” It appears as if this motion was filed by one Defendant, not multiple Defendants. This motion appears to be filed by Defendant, 1001 Las Lomas, LLC. The Court will pre...

Excerpt: ...ocuments, Set One Order deeming the truth of matters admitted in Requests for Admissions FACTUAL BACKGROUND: Plaintiffs Adam J. Meyer and Rebecca D. Meyer allege that in June of 2020 plaintiffs purchased a 2020 Chrysler Pacifica, which was sold to plaintiffs with express warranties from defendant FCA US LLC (FCA) that the vehicle would be free from defects in mat erials, nonconformities, or workmanship during the applicable warranty period, and t...

Excerpt: ...f's responses to Defendant's Form Interrogatories is granted. SUMMARY OF ACTION On September 19, 2023, Defendant San Fernando Valley Community Health Center (Defendant) served Plaintiff Alfonso Star (Plaintiff) with Form Interrogatories, Set One. Defendant represents that Plaintiff did not serve responses by the deadline of October 25 , 2023. Defendant filed this motion on December 14, 2023. Defendant seeks an order compelling responses to the fo...

Excerpt: ...o different spellings of the entity party's name are contained in the pleadings, “Anuko” and “Amuko”. For consistency of reference in this tentative ruling and until the true spelling can be determined, the Court will use the spelling with the letter “N”. I. BACKGROUND A. Factual This motion involves the present case, Case No. 24TRCV00775, David Thompson Boyd v. Anuko Corporation, et al. and the second case sought to consolidate with ...

Excerpt: ... one cause of action for medical negligence. II. ARGUMENTS Defendant, Jack Geoula, M.D. (“Defendant”), argues that the undisputed material facts establish that no act or omission by Defendant caused Plaintiff's injuries as established by Defendant's expert. Additionally, the claim is barred by the one -year statute of limitations which accrued in May of 2018, when Plaintiff testified, he was that he was aware that something went wrong during ...