Excerpt: ...No opposition was filed. RULING The motion for summary judgment is GRANTED. BACKGROUND On February 15, 2017, plaintiff Houssein Amini filed a complaint against Macy's Corporate Services, Inc., Simon Property Group, Inc., Farallon Capital Management, LLC, JPMorgan Distribution Services Inc., J.P. Morgan Chase National Corporate Services, Inc., The Whiting-Turner Contracting Company, Inc., and Bomel Construction Co., Inc. based on a trip and fall i...

Excerpt: ...G The motion is GRANTED. BACKGROUND On September 6, 2017, plaintiffs Susan Pena and Alfonso Pena filed a complaint against defendants Edward Kats and Yuriy Matyash, ind. and dba Tin Hill Construction aka Yuriy Matyash Construction for (1) strict products liability, (2) violation of standards set forth in Civil Code §896, (3) breach of implied warranty of merchantability, (4) breach of express warranty, (5) breach of contract, and (6) negligence....

Excerpt: ...s. RULING The motion for summary adjudication is GRANTED. BACKGROUND On July 13, 2018, plaintiff Matthew Palmer filed a complaint against Elevon Retail Association and Mar Ventures, Inc. for negligence/premises liability based on a fall off a ladder. On August 9, 2018, defendants filed a cross-complaint for indemnity, declaratory relief, and equitable apportionment On May 16, 2019, plaintiff filed an amendment to complaint designating Timberwolff...

Excerpt: ... opposition papers and defendant's objections to the “untimely service” of the opposition. The court finds that defendant has not been prejudiced by any delay in service. RULING The demurrer to the FAC as to the 3 rd and 4 th causes of action is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. The motion to strike is GRANTED WITH 20 DAYS LEAVE TO AMEND. BACKGROUND On July 16, 2019, plaintiff Rosemary Meza, ind. and as trustee of the Meza Family Trust f...

Excerpt: ...is GRANTED. Plaintiff is awarded $15,972.50 in attorney's fees against defendant. BACKGROUND On August 21, 2019, plaintiff Upside Crenshaw Holding, LLC filed an unlawful detainer complaint against Habachi Buffet, Inc. for possession and damages, based on a three-day notice to pay rent or quit. On October 30, 2019, the court granted plaintiff's motion for summary judgment. LEGAL AUTHORITY CCP §1021 states: “Except as attorney's fees are specifi...

Excerpt: ...for Summary Judgment or, alternatively, for Summary Adjudication The court considered the moving, opposition, and reply papers. The court also considered oral argument at the hearing on January 14 and the supplemental responses. The hearing was continued to January 24 to allow plaintiff the opportunity to take certain depositions noticed by plaintiff for January 16 and 17. RULING The motion for summary judgment is GRANTED. The motion for summary ...

Excerpt: ...on to Strike Portions of FAC The court considered the moving, opposition, and reply papers. RULING The demurrer to the FAC is OVERRULED as to the 2 nd and 3 rd causes of action and SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 1 st, 6 th, and 7 th causes of action. The motion to strike is GRANTED WITH 20 DAYS LEAVE TO AMEND. BACKGROUND On January 24, 2019, plaintiff Diana Bose filed a complaint against Wayne D. H. Young dba Normandie Mobile Hom...

Excerpt: ... Request for Production of Documents, Set Two The court considered the moving, opposition, and reply papers. RULING The motions are GRANTED. Plaintiff is ordered to provide further responses to Grand Hall's Special Interrogatories, Set Two, Nos. 47, 50, and 68 and to Request for Production of Documents, Set Two, No. 39 and to produce responsive documents, within 15 days. BACKGROUND On October 22, 2015, plaintiff Ivan K. Stevenson filed a complain...

Excerpt: ... hearing was continued to allow for supplemental briefing, which the court also considered. RULING The motion is GRANTED. The court awards attorney's fees in favor of defendant Cameron Wilson and against plaintiffs in the amount of $11,750. BACKGROUND On December 11, 2018, plaintiffs PineSight LLC and Veritas Liberabit Vos LLC filed a complaint against defendants Zon Inc., Cameron Wilson, and Sarah Aikin asserting causes of action for declaratory...

Excerpt: ...or, the alternative, Summary Adjudication The court considered the moving, opposition, and reply papers. RULING The motion for summary judgment is GRANTED. The motion for summary adjudication is MOOT in light of the ruling on the motion for summary judgment. BACKGROUND On December 13, 2017, Jane Doe, a minor by and through her guardian ad litem, S.A., filed a complaint against Lawndale Elementary School and Jason Farr. On April 23, 2018, plaintif...

Excerpt: ...RULING The motion is GRANTED. Defendant is ordered to produce its PMQ for deposition on Categories 5, 8, 9, 11, 12, 14-16, 18-21, and 24-29, within 15 days. BACKGROUND On December 7, 2018, Luis D. Granados filed a complaint against FCA US LLC for statutory obligations under the Song-Beverly Act. Trial was continued from December 4, 2019 to February 19, 2020. DISCUSSION Plaintiff requests an order compelling defendant FCA to designate and produce ...

Excerpt: ...er to the SAC is OVERRULED. BACKGROUND On April 22, 2019, plaintiff Saeideh Miri filed a complaint against Nadine Ali Elhor, County of Los Angeles, and City of Los Angeles for motor vehicle negligence and negligence arising out of a motor vehicle accident on April 12, 2018. Plaintiff alleges that plaintiff's vehicle was struck by defendant Elhor's vehicle, which was speeding and did not keep a proper distance. Plaintiff further alleges that defen...

Excerpt: ...rt considered the moving, opposition, and reply papers. RULING The demurrer is OVERRULED as to the 1 st cause of action and SUSTAINED WITHOUT LEAVE TO AMEND as to the 3 rd cause of action. The motion is DENIED as to prayer at page 34, lines 4, 12, and 18 under the 1 st cause of action. The motion is GRANTED as to page 34, line 22 (general damages) under the 2 nd cause of action for negligence to the extent that “damages recoverable . . . do not...

Excerpt: ...is DENIED as to the 1 st cause of action and GRANTED WITH 20 DAYS LEAVE TO AMEND as to the 2 nd cause of action. BACKGROUND On April 25, 2019, plaintiff Ilan David filed a complaint against Bank of America Corporation and Kathy Sanchez for (1) negligence and (2) violation of right to privacy. LEGAL AUTHORITY CCP § 438 states, in relevant part: “(b)(1) A party may move for judgment on the pleadings. . . . (c)(1) The motion provided for in this ...

Excerpt: ...ernatively, for Summary Adjudication The court considered the moving, opposition, and reply papers. RULING The motion for summary judgment is GRANTED. The motion for summary adjudication is MOOT. BACKGROUND On October 11, 2016, Robert Piontkowski filed a complaint against Veolia Industrial Services, Inc., Veolia North America, LLC, and Veolia Water Technologies, Inc. for negligence and gross negligence. On August 1, 2017, the court approved the s...

Excerpt: ...on, and reply papers. RULING The demurrer is OVERRULED as to the 1 st cause of action and SUSTAINED WITHOUT LEAVE TO AMEND as to the 4 th and 5 th causes of action. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND as to exemplary and punitive damages and DENIED as to request for attorney's fees. BACKGROUND On May 20, 2019, Sean Brockett filed a complaint against The Salvation Army and The Salvation Army Adult Rehabilitation Center for (1) r...

Excerpt: ...s. RULING The motion to compel further responses is DENIED. BACKGROUND On December 7, 2018, Luis D. Granados filed a complaint against FCA US LLC for statutory obligations under the Song-Beverly Act. LEGAL AUTHORITY 45-Day Rule: This motion must be served within 45 days after service of the response in question (extended if served by mail, overnight delivery, or fax; see CCP § 1013); otherwise, the demanding party waives the right to compel any ...

Excerpt: ...AINED WITH 20 DAYS LEAVE TO AMEND as to the class allegations and 1st and 2 nd causes of action. BACKGROUND On May 8, 2019, plaintiff Sanrio, Inc. filed a complaint against Fab Starpoint LLC for breach of contract and breach of the implied covenant of good faith and fair dealing. The complaint alleges that it is based on defendant's failure to perform numerous obligations and to make payments required under the parties' January 1, 2014 Merchandis...

Excerpt: ...apers. RULING The motion is DENIED. BACKGROUND On March 29, 2019, Christine McNamara and Paul McNamara filed a complaint against Mark Krietzman, an ind. and as trustee of the Chen-Krietzman Trust and Yu-Hsin Chen, an ind. and as trustee of the Chen-Krietzman Trust for declaratory relief, injunctive relief, and abatement of nuisance. On August 19, 2019, plaintiffs filed a FAC. LEGAL STANDARD Under CCP §425.16(b), “(1) A cause of action against ...

Excerpt: ...s OVERRULED. BACKGROUND On September 3, 2019, plaintiff Carey F. McLaughlin aka Carey F. McManus filed a complaint against Kathleen McManus-Peloso for (1) breach of promissory note, (2) breach of deed of trust, and (3) breach of fiduciary duty. LEGAL AUTHORITY When considering demurrers, courts read the allegations liberally and in context. Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1216, 1228. “A demurrer t...

Excerpt: ...ORDERS that Shouyebul Islam appear for his deposition within the next 10 days, at 701 North Brand Boulevard, Suite 840, Glendale, CA 91203. Deponent Shoulyebul Islam is ordered to pay $1,760 in monetary sanctions to plaintiff within 30 days. BACKGROUND On April 25, 2018, plaintiff Shah Khan filed a complaint against Mahbubur Rahman for (1) imposition of constructive trust (fraud and deceit), (2) imposition of resulting trust, and (3) quiet title....

Excerpt: ...ies, Set Two (2) Motion to Compel Answers to Special Interrogatories, Set Two (3) Motion to Compel Responses to Request for Production of Documents, Set Three (4) Motion to Deem Matters Admitted in Request for Admissions, Set One As to plaintiff Keli Murphy: (5) Motion to Compel Answers to Special Interrogatories, Set Two (6) Motion to Compel Responses to Request for Production of Documents, Set Two The court considered the moving and opposition ...

Excerpt: ...EAN Holdings, LLC, and Shedena Zakiyyah Hooper for negligence based on a motor vehicle accident that occurred on October 5, 2017. On May 10, 2018, plaintiff filed an amendment designating Enterprise Rent-A-Car Company of Los Angeles, LLC as Doe 1. Trial is set for February 3, 2020. DISCUSSION Plaintiff requests an order compelling the PMQ for defendant Enterprises Rent-A-Car to attend a deposition to produce documents and things, pursuant to a Re...

Excerpt: ...led a complaint for (1) negligence, (2) negligent hiring, supervision, training, and/or retention of employees, (3) negligence per se, (4) breach of mandatory duties, (5) IIED, and (6) NIED. Plaintiffs allege that on November 2, 2016 during lunch recess, AH was sexually harassed, battered, and molested by two male students on the school field at the middle school. LEGAL AUTHORITY “As a general matter, a defendant may obtain a physical or mental...

Excerpt: ..., Set One (3) Motion to Compel Further Responses to Request for Production, Set Two (4) Motion to Compel Further Responses to Request for Admissions, Set One The court considered the moving papers. No opposition was filed. RULING The motions are GRANTED. Plaintiff is ordered to serve further responses within 20 days to defendant NHT Global, Inc.'s Form Interrogatories (Set One) Nos. 1.1, 3.3, 3.4, 3.6, 3.7, 12.1-12.7, 14.1, 17.1, 50.1, and 50.2, ...