Excerpt: ...he default entered against her. TENTATIVE RULING Defendant Amy Jam's motion to set aside default is GRANTED. A stand-alone copy of the answer is to be filed on the date of this order, along with a Substitution of Counsel reflecting that Attorney Margaret A. Sedy is now representing her, and is deemed served as of that date. ANALYSIS Motion To Set Aside Default The Court first notes that Defendant's new counsel has not filed a Substitution of Atto...

Excerpt: ...eges Labor Code violations as an individual and as PAGA claims against her former employers. Defendants demur to the complaint and move to strike portions of it. TENTATIVE RULING: Defendants Landmark Restaurant Group, Inc., Anthony Kouba, Wilhop, Inc., Segundohop, Inc., Torrahop, Inc., Downeyhop, Inc., Alisal Ventures, LLC, and Bunhop, LLC's demurrer is OVERRULED as to all causes of action. Defendants' motion to strike is DENIED AS MOOT as to the...

Excerpt: ...NG PARTY(S): (1) – (3) Plaintiffs James Lewallen and Carole Lewallen STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort case. Plaintiffs allege that Plaintiff James Lewallen, who worked in the construction industry in various capacities, was exposed to toxic chemical products manufactured, distributed, or supplied by the Defendants and sustained injuries as a result, including lung cancer. Defendant Certainteed Corporation mov...

Excerpt: ...injury that required him to take a medical leave. Defendant Spencer Sanderson moves for attorneys' fees. Plaintiff Hector Martinez moves to strike and tax costs. TENTATIVE RULING: Defendant Spencer Sanderson's motion for attorneys' fees is DENIED. Plaintiff Hector Martinez's motion to strike and tax costs is GRANTED. The memorandum of costs is stricken in its entirety. DISCUSSION: 1. Motion for Attorneys' Fees Defendant Spencer Sanderson moves fo...

Excerpt: ...air competition. Defendant Driftwood Dairy, Inc. moves to compel arbitration of Plaintiff's claims and to stay the case pending arbitration. TENTATIVE RULING: Defendant Driftwood Dairy, Inc.'s motion to compel arbitration is GRANTED. The action is stayed pending conclusion of the arbitration. Any and all future dates are advanced and vacated. A Status Conference/OSC re: Dismissal is set for October 28, 2020 at 8:30 a.m. If there are no appearance...

Excerpt: ...igent supervision and retention, assault and battery, civil rights violations, negligence, intentional and negligent infliction of emotional distress, and premises liability. Defendant Somerset Suites moves to strike portions of the first amended complaint. TENTATIVE RULING: Defendant Somerset Suites GP's motion to strike portions of the first amended complaint is GRANTED. Generally speaking, leave to amend must be allowed where there is a reason...

Excerpt: ...FENDANT ALEXANDER ITKIN DEEMED “ADMITTED” MOVING PARTY: (1) Defendants Alexander Itkin, Alena Itkin, and Akula Properties, LLC; (2)-(3) Plaintiff Maria Heifetz RESPONDING PARTY(S): (1) Plaintiff Maria Heifetz; (2)-(3) Defendant Alexander Itkin STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that she agreed to purchase a residential property with Defendant Alexander Itkin to operate as a boarding home. Defendant Alexander Itk...

Excerpt: ...to transfer venue to Ventura County. TENTATIVE RULING: Defendant Community Memorial Health System dba Community Memorial Hospital's motion to transfer venue is GRANTED. Defendant's counsel is ordered to pay to the Superior Court the $50 transfer fee listed in Item 61 of the Los Angeles County Superior Court fee schedule (effective January 1, 2019). DISCUSSION: Motion To Transfer Venue Section 397(c) permits the Court to change the place of trial ...

Excerpt: ... AND/OR PROCEEDINGS: Plaintiffs allege that the named individual Plaintiffs were disciplined based on responses to Department investigators that they made as witnesses without any warning that they were the subject of a Department investigation and that the investigators violated the public safety officers' Procedural Bill of Rights (“PBOR”) in the way they conducted the investigation. Defendants County of Los Angeles and County of Los Angele...

Excerpt: ...t Defendants failed to accommodate her disability, failed to engage in the interactive process required under FEHA, retaliated against her for requesting reasonable accommodations, and related claims. Defendant Capstone Logistics, LLC moves to compel arbitration. TENTATIVE RULING: Defendant Capstone Logistics, LLC's motion to compel arbitration is GRANTED. The action is stayed pending conclusion of the arbitration as to any of the causes of actio...

Excerpt: ...Labor Code violations and a PAGA claim (added in the First Amended Complaint filed after this motion). Defendant moves to compel arbitration of all of Plaintiff's claims and to stay the case pending the outcome of the arbitration. TENTATIVE RULING: Defendant Panama Joes Investors LLC's motion to compel arbitration is GRANTED as to Plaintiff's first through ninth causes of action. The motion is DENIED as to Plaintiff's tenth cause of action. The a...

Excerpt: ...$465.59/month for 239 months, beginning on June 16, 2007. Defendant allegedly defaulted on July 16, 2008. On April 1, 2009, default was entered against Defendant, and judgment was entered on July 23, 2009. On January 21, 2015, an assignment of judgment was filed, indicating that the right to collect the judgment has been assigned from Bank of the West to Baseline Financial Services. Defendant Roy Cabrera moves to set aside the default judgment en...

Excerpt: ...Defendant Miguel Rincon moves to vacate the default entered against him on April 3, 2019. TENTATIVE RULING: Defendant Miguel Rincon's motion to vacate default is continued to November 27, 2019 at 8:30 a.m. Defendant is to comply with the orders contained infra. DISCUSSION: Motion to Vacate Default Defendant Miguel Rincon moves to vacate the default entered against him on three grounds: (1) the default is void as a matter of law under CCP § 473(d...

Excerpt: ...2) Defendant Crossfield Products Corp.; (3) and (4) Defendant Sunshine Supply Co., Inc.; (5) and (6) Defendant Top Industrial, Inc.; (7) Defendant Nemeon, Inc.; (8) Defendant Brenntag Canada Inc. RESPONDING PARTY(S): (1) – (8) Plaintiffs James Lewallen and Carole Lewallen STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort case. Plaintiffs allege that Plaintiff James Lewallen, who worked in the construction industry in various ...

Excerpt: ...ica, Inc. demurs to the fourth cause of action of the complaint (fraudulent inducement – concealment) and moves to strike portions of the complaint related to punitive damages.[1] TENTATIVE RULING: Defendant Nissan North America, Inc.'s demurrer to the fourth cause of action of the complaint is OVERRULED. Defendant's motion to strike the prayer for punitive damages is DENIED. <0051000300150013000300 470044005c00560011[ DISCUSSION: Demurrer Meet...

Excerpt: ...unt of punitive damages, from the liability phase of trial. Plaintiff has not filed an opposition Standard: Code of Civil Procedure sections 597 and 598 allow a court to order that the trial of any issue or part thereof proceed before the trial of any other issue to promote the ends of justice or the economy and efficiency of handling the litigation. “Except as otherwise provided by law, the court in its discretion shall regulate the order of p...

Excerpt: ...ve taken credit for Plaintiffs' industry accomplishments, concepts and creations and have used Plaintiffs' trade secrets in Defendants' own business dealings. Plaintiffs seek leave to file a fourth amended complaint. TENTATIVE RULING: Plaintiffs CMB Export, LLC and CMB Export Infrastructure Investment Group XV, LP's motion for leave to file a fourth amended complaint is GRANTED. Plaintiffs are to file a stand-alone copy of the fourth amended comp...

Excerpt: ...st. Plaintiff moves to compel Defendant Vincent Brantley and Fydra Brantley to attend their depositions and for sanctions. TENTATIVE RULING: Plaintiff Sheila Hawkins's motion to compel attendance and testimony of Vincent Brantley and Fydra Brantley is DENIED without prejudice as to Fydra Brantley and GRANTED as to Vincent Brantley. Vincent Brantley's deposition is to take place within 21 days of the date of this order at a reasonable date, place ...

Excerpt: ...ice and business while managing and administering the business. Plaintiff moves to dismiss Defendants Modern Medical Management, LLC and Marques Management, LLC due to their lack of capacity to participate in litigation. TENTATIVE RULING: Plaintiff's application for an order dismissing Defendants Modern Medical Management, LLC and Marques Management, LLC due to their lack of capacity to participate in litigation is DENIED as to Defendant Modern M...

Excerpt: ...twork medical services rendered to Anthem subscribers at a “reasonable and customary” rate. Defendant Anthem Blue Cross Life and Health Insurance Company moves for summary judgment or, in the alternative, summary adjudication. TENTATIVE RULING: The parties are ordered to brief the issue as to whether the Knox-Keene Act—Health and Safety Code § 1340 et seq.—and the regulation regarding Claims Settlement Practices—28 CCR 1300.71(a)(3)(C)...

Excerpt: ...murrer to the first amended complaint is SUSTAINED without leave to amend as to the fourth cause of action and OVERRULED as to the fifth cause of action. Defendant is ordered to answer the first amended complaint within 20 days. DISCUSSION: Demurrer Meet and Confer The Declaration of Leslie N. Morales reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. Discussion: 1. Fourth Cause of Action (Breach of Implied Wa...

Excerpt: ...r)—conspired to murder, then instead to kidnap, Plaintiff in order to retrieve a valuable guitar given to Plaintiff by his estranged wife and to coerce Plaintiff to relinquish any claim to the house at which he was staying. Defendants Courtney Love-Cobain, Osama “Sam” Lufti, Ross Butler, Yan Yukhtman, Blue Velvet LLC, Marc Gans and Law Offices of Marc Gans bring an anti-SLAPP special motion to strike as to the first amended complaint (“1A...

Excerpt: ...on subpoena for production of business records of Trojan and Company Accountancy Corporation and requests sanctions. TENTATIVE RULING: Plaintiff Philip Steel Company's motion to quash the deposition subpoena for production of business records of Trojan and Company Accountancy Corporation is GRANTED. The Court exercises its discretion not to award sanctions. The notice of motion only requests sanctions against Defendants Greg Phillips and Todd Phi...

Excerpt: ... to lift the discovery stay and for a constructive trust. TENTATIVE RULING: Plaintiff Jay Kato, derivatively on behalf of Marutama Company, Inc.'s motion to lift the discovery stay is DENIED. Plaintiff's request for the imposition of a constructive trust is DENIED without prejudice. DISCUSSION Motion To Lift Stay and For Imposition of Constructive Trust Evidentiary Objections Declaration of Jay Kato No. 1: SUSTAINED. Lack of personal knowledge; l...

Excerpt: ... This is an Elder Abuse case. Defendants Shlomo Rechnitz, Rockport Administrative Services, LLC and CNRC, LLC move for judgment on the pleadings. Defendant Doe 51 Brius Management Company filed a notice of joinder. TENTATIVE RULING: Defendants Shlomo Rechnitz, Rockport Administrative Services, LLC and CNRC, LLC's motion for judgment on the pleadings is GRANTED. Whether leave to amend is granted as to the first, second and/or third causes of actio...