Excerpt: ... Responding Party: Driftwood Healthcare Center LLC d/b/a Driftwood Healthcare Center Motion for Trial Preference The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. The court will set a trial date within 120 days of the court's order at the hearing on this motion. BACKGROUND This is an elder abuse case. On October 31, 2023, plaintiff Gloria Caldwell, by and through her Power of Attorney, Terrie Baird, file...

Excerpt: ...PONDING PARTY: Plaintiff Henry W. Hardison (“Plaintiff”) NOTICE: OK RELIEF REQUESTED: An order granting the Moving Defendants leave to file their First Amended Answer to the Second Amended Complaint. TENTATIVE RULING: The motion is GRANTED. BACKGROUND On June 5, 2020, Plaintiff initiated this action. Subsequently, on October 9, 2020, Plaintiff filed a First Amended Complaint. On January 29, 2021, Plaintiff filed the operative Second Amended C...

Excerpt: ...gainst Full Circle Real Estate Solutions, Inc., Danny Elia the Mum Group, Marvin U. Mangabat, and Erik Lederman, alleging: (1) intentional misrepresentation; (2) concealment; (3) negligent misrepresentation; (4) conversion; (5) rescission; (6) cancellation of written instrument; (7) quiet title; (8) violation of Civil Code section 2945, et seq.; (9) financial elder abuse; and (10) declaratory relief. On 4/3/2024, Plaintiff moved for attorney fees...

Excerpt: ...ab Satey bought a new 2022 Tesla Model X from Defendant Tesla, Inc. for a total sales price of $150,889.40. Plaintiff alleges that he delivered his Tesla seventeen (17 ) times to Tesla to repair multiple defects including the charging port, turning signal dashboard display, Bluetooth audio system and the doors. (Compl. ¶ 16.) Plaintiff claims Tesla was unable to service or repair the car to conform to the applicable ex press warranties after a r...

Excerpt: ...nsation of attorneys and counselors at law is left to the agreement, express or implied, of the parties; but parties to actions or proceedings are entitled to their costs, as hereinafter provided.” (Code Civ. Proc., § 1021.) “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing p...

Excerpt: ...Lucas Auto” or “Defendant”), Hudson Insurance Company, and Does 1 through 75. On April 5, 2021, Plaintiff filed the First Amended Complaint (“FAC”), alleging, in relevant part, violations of the Consumer Legal Remedies Act (CLRA) and the Song-Beverly Consumer Warranty Act (Song -Beverly). On June 22, 2021, the clerk entered default against Lucas Auto. On October 13, 2021, after Plaintiff dismissed Hudson Insurance Company and Doe Defend...

Excerpt: ...liability arising out of an ATV accident occurring on June 12, 2021 in Idaho. On October 12, 2022, Russell Lyster (“Lyster”) filed his answer. On December 8, 2022, Committed Fellowship filed its answer. On March 24, 2023, Hope Ranch Cattle Company, LLC (“Hope Ranch”) filed its answer. On May 9, 2023, Isaiah Morales (“Morales”) filed his answer. On April 19, 2024, Defendants Lyster, Hope Ranch, and Morales (collectively “Defendants�...

Excerpt: ...s were not removed by medical personnel. On June 20, 2019, Zhang filed a complaint, asserting a cause of action against Defendants Ebenezer Medical Clinic, Dinglasan and Does 1-100 for: 1. Negligence On July 22, 2019, Eben Ezer DB Inc. (“Eben Ezer”) and Dinglasan filed a cross -complaint against Zhang and Roes 1 -100, asserting causes of action for: 1. Breach of Contract 2. Fraud On October 24, 2019, this action was transferred from the perso...

Excerpt: ...elopmental Services (DD S) (“Bargmann”) and HARBOR DEVELOPMENTAL DISABILITIES FOUNDATION (“Harbor”) (Bargmann and Harbor referred to collectively as “Defendants”) based on Defendants' alleged discriminatory practices with respect to the regional center run by Defendants. As alleged in the SAC, Plaintiff is an association of Hispanic/Latinx families having developmentally disabled children entitled to state-funded services under the La...

Excerpt: ...ril 24, 2024, Defendants filed the instant motion for judgment on the pleadings. Plaintiffs filed their opposition on May 7, 2024. Defendants filed their reply on May 15, 2024. LEGAL STANDARD A motion for judgment on the pleadings may be made on the same grounds as those supporting a general demurrer, i.e., that the pleading fails to state facts sufficient to constitute a legally cognizable claim or defense. ( Stoops v. Abbassi (2002) 100 Cal.App...

Excerpt: ... section 815.2 arising out of an automobile accident that occurred on September 20, 2020, on Santa Fe Avenue in Los Angeles. On June 3, 2022, Defendant County of Los Angeles, erroneously sued as The Los Angeles County Sherif's Department (“County”), filed its answer. On April 3, 2024, County filed this motion for leave to conduct a second physical examination of Plaintiff Guaman. Plaintiff filed an opposition on May 9, and County filed a repl...

Excerpt: ...ynthia Lombard, and Does 1 to 50 for negligence relating to a motor vehicle accident. On September 26, 2022, Uber Technologies, Inc. (“Uber”) filed an answer. Uber now moves for leave to file a cross -complaint against Defendants Adrienne Lombard and Cynthia Lombard (“Lombard Defendants”). Uber also requests a trial continuance. Plaintiffs and Lombard Defendants oppose, [1] and Uber replies. LEGAL STANDARD A cross- complaint against any o...

Excerpt: ... the Second Amended Complaint was filed on November 1, 2022. Plaintiff alleges the following facts. Plaintiff, a minor, had an episode at her High School in Temecula, California, while high on drugs and became suicidal. The assigned High School police officer placed her on a 72 -hour Welfare & Institution Code § 5150 hold. During the detention period, the police officer and emergency doctors at the local hospital concluded that she needed to be ...

Excerpt: ...she was depositing cash at a branch of defendant State Bank of India (“Defendant”) on behalf of plaintiff Sunoil Retail Group (“Sunoil” and, together with Vershinina, “Plaintiffs” and Plaintiffs, together with Defendant, “Parties”). Plaintiffs filed this action on August 22, 2023, stating claims for (1) negligence, (2) premise liability, (3) unsafe conditions, and (4) intentional infliction of emotional distress. On February 13, 2...

Excerpt: ...es, CA 90046; failing to secure her residential property located at 800 N. La Jolla Ave., Los Angel es, CA 90046; and allowing further nuisance activities on her residential property located at 800 N. La Jolla Ave., Los Angeles, CA 90046. Plaintiff's motion to enjoin Defendant Barbara L. Anderson from selling, gifting, and/or transferring ownership of ownership of her residential property located at 800 N. La Jolla Ave., Los Angeles, CA 90046, is...

Excerpt: ...iled this action against Defendants John Tiung Han Li and Julie Michelle Yabu (collectively “Defendants”). On December 13, 2023, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action for: (1) Trespass to Land (Continuing Trespass), (2) Financial Abuse of Elder or Dependent Adult, (3) Quiet Title, and (4) Injunctive Relief. The parties are adjoining neighbors. Plaintiff alleges that Defendants' trees and planter at th...

Excerpt: ...dt, sexually molested Plaintiff beginning in 2007. Plaintiff was born on May 17, 1999. Berendt was arrested in 2012 for the alleged molestation of numerous students on the campus. On October 3, 2022, Plaintiff filed a complaint for Intentional Infliction of Emotional Distress; Negligence; Negligent Supervision; Negligent Hiring/Retention; Negligent Failure to Warn, Train, or Educate; Breach of Fiduciary Duty; Constructive Fraud; Sex ual Battery; ...

Excerpt: ...iolation of Civil Code Section 1793.2(a)(3); and (4) Breach of the Implied Warranty of Merchantability. On April 23, 2024, the court granted Plaintiffs' Motion to Compel Further Responses to Plaintiffs' Request for Production of Documents (Set One). The court ordered Honda to produce code-compliant, objection-less further responses to Plaintiffs' requests seeking “Infotainment System” defects for the subject vehicle, a 2019 Honda Odyssey, and...

Excerpt: ...ery Center's favor. TENTATIVE RULING: 1. Defendant Raja Srour, M.D.'s Motion for Summary Judgment is DENIED. 2. Defendant Doheny Sunset Surgery Center's Joinder to Motion for Summary Judgment is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On January 12, 2023, Plaintiffs Stefano Vitolo and Hyun Vitolo (“Plaintiffs”) filed a Complaint against Defendants Raja Srour, M.D., Doheny Sunset Surgery Center, Inc. (“Defendants”), and DOE...

Excerpt: ... Undisputed Material Facts OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment/Summary Adjudication 2. Objections to Evidence 3. Separate Statement of Undisputed and Disputed Material Facts 4. Separately Bound Exhibits 5. Declaration of Plaintiff H. Jewel Engstrom 6. Declaration of Steve Norris 7. Declaration of Keith J. Turner REPLY PAPERS: 1. Reply to Plaintiff's Opposition to Motion for Summary Judgment/Summary Adjudication 2. Obje...

Excerpt: ...ion is GRANTED as to the first cause of action for breach of contract. BACKGROUND On June 27, 2023, plaintiff filed its complaint against defendant for (1) breach of contract; (2) open book account; (3) account stated; (4) goods sold and delivered; and (5) money had and received. Plaintiff alleges that it supplied defendant with computer goods which defendant has refused to pay for. On August 15, 2023, defendant filed its answer. On February 15, ...

Excerpt: ...rate Statement of Undisputed Material Facts OPPOSITION PAPERS: 1. Memorandum of Points and Authorities in Opposition to Motion for Summary Judgment/Summary Adjudication 2. Objections to Evidence 3. Separate Statement in Opposition to Motion for Summary Judgment/Summary Adjudication 4. Declaration of Plaintiff Anthony Aldave 5. Declaration of Steve Norris 6. Declaration of Jeffrey A. Haile 7. Declaration of Plaintiff Teresa Aldave 8. Compendium of...

Excerpt: ...dant's Compendium of Exhibits OPPOSITION PAPERS 1. Plaintiff's Opposition, Request for Continuance 2. Declaration of Jennifer Bagosy REPLY PAPERS 1. None filed. BACKGROUND On March 5, 2021, Plaintiff Cleotilde Armando Velasquez (“Plaintiff”) filed a complaint against Defendants Starkwood, Inc., Samsa Management, Albert H. Gatchalian, and Does 1 to 20 for general negligence and premises liability that occurred at 3316 Council Street, Los Angel...

Excerpt: ... private nuisance in favor of the Defendants as they are barred under the statute of limitations. Moving party is to give notice. The Court considered the moving, opposition, and reply papers. BACKGROUND On October 14, 2022, Plaintiff Beth Hurewitz (“Plaintiff”) filed a complaint against Defendant IHG Management LLC and TRS IHG-2 Inc. (“Defendants”) for (1) Negligence; (2) Negligent Failure to Disclose Latent Defect; (3) Negligent Inflict...

Excerpt: ...5, 2023, asserting 14 causes of action arising from the following facts. Plaintiff alleges that he was engaged to Kathleen St. Clair (Kathleen) until her death in May 2022. Kathleen's two children, Defendants Megan St. Clair (Megan) and Brandon St. Clair (Brandon), were allegedly hostile towards Kathleen and resentful of the re lationship between Plaintiff and Kathleen. When Kathleen was hospitalized for a heart attack, Megan allegedly used a Cal...