Excerpt: ...papers. RULING The motion is DENIED. BACKGROUND On September 12, 2016, plaintiffs Jackie Robinson and Mozella Robinson filed a complaint against Digestive Care Consultants, Dr. Hool, Dr. Chung, Timothy T. Tran, M.D., and Neil H. Bhayani, M.D. for professional negligence, NIED (bystander victim and direct victim), and loss of consortium. On October 25, 2018, the court denied Dr. Bhayani's motion for summary judgment, finding that there was a triab...

Excerpt: ...on The court considered the moving, opposition, and reply papers. RULING The motion for summary judgment is DENIED. The motion for summary adjudication is DENIED. BACKGROUND On June 26, 2015, plaintiff James Gresham filed a complaint against defendants McCarthy Building Companies, Inc. Morrow-Meadows Corporation, Bapko Metal Fabricators, BCM, Boehling Construction Management, and Torrance Memorial Medical Center for negligence based on a trip and...

Excerpt: ...s from Todd Gravori M.D. (2) Motion for Protective Order and/or to Quash Subpoena for Private and Privileged Medical Records from Brian Rudin M.D. (3) Motion for Protective Order and/or to Quash Subpoena for Private and Privileged Medical Records from Landmark Imaging Surgery Center (4) Motion for Protective Order and/or to Quash Subpoena for Private and Privileged Medical Records from Medical Specialty Managers (5) Motion to Quash Subpoenas for ...

Excerpt: ...NTED WITHOUT LEAVE TO AMEND as to the 3 rd cause of action for fraudulent misrepresentation in the cross-complaint. BACKGROUND On March 7, 2017, Daniel Maniaci and Eric Maniaci filed a complaint against Helge K. Bergan for (1) declaratory judgment, (2) breach of oral, implied, and written contracts, and (3) an accounting. On April 13, 2017, Helge K. Bergan filed a cross-complaint against Daniel Maniaci for (1) breach of contract, (2) breach of im...

Excerpt: ...efendant is ordered to file an answer within five days. BACKGROUND <0003002400110003002800 0049004c004f00480047[ a complaint against Darryl Leander Hicks, Tung Ming, Caltrans, County of Los Angeles, City of Torrance, and Shawnan for wrongful death – negligence, negligence per se, and dangerous condition of public property based on the death of her 16-year old son in a vehicle accident. On October 16, 2018, plaintiff filed a FAC. LEGAL AUTHORITY...

Excerpt: ...e Subpoenas The court considered the moving and opposition papers. RULING The motion is DENIED. Parties are to meet and confer to submit a proposed protective order forthwith. BACKGROUND <0053004b00480055000300 004c004f004800470003[a complaint against Tower Market and Tower Energy Group for premises liability and general negligence based on a slip and fall incident on a liquid substance on July 4, 2015. On September 25, 2017, plaintiff filed an a...

Excerpt: ...ing, opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On March 16, 2017, Andrew Welch filed a complaint against Jeffrey Christopher Chaney, Rockland Commercial, Inc., Rockland Realty Services, and Beach Guys Development LLC for (1) fraud and deceit, (2) intentional nondisclosure of material facts, (3) breach of fiduciary duty, (4) constructive fraud, (5) dissolution of the LLC, (6) accounting, (7) declaratory relief, (8) quie...

Excerpt: ... papers. No opposition was filed. RULING The motion for summary judgment is GRANTED. BACKGROUND On March 19, 2019, plaintiff Corner of La Cienega Terminal LLC filed an unlawful detainer complaint against Jet Pro, Inc. based on a 30-day notice to quit. On March 27, 2019, plaintiff filed a First Amended Complaint. LEGAL AUTHORITY The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut thr...

Excerpt: ...ING The motion is GRANTED. The court orders attached the amount of $181,822. BACKGROUND On November 5, 2018, plaintiff Calpak USA, Inc. filed a complaint against defendant Romeo Systems, Inc. for (1) breach of contract, (2) breach of covenant of good faith and faire dealing, (3) unjust enrichment, (4) fraud, and (5) violation of Bus. and Prof. Code §17200. Plaintiff alleges that this is an action for defendant's intentional failure to make payme...

Excerpt: ...UT LEAVE TO AMEND as to the 1 st through 4th causes of action. BACKGROUND On October 18, 2018, on RTED's motion for summary judgment or, alternatively, summary adjudication, the court granted the motion as to the 1 st, 2 nd, and 7 th causes of action. As to the remaining causes of action, the court denied summary adjudication, and converted the motion into a motion for judgment on the pleadings and dismissed the 3 rd, 4 th, 5 th, and 6 th causes ...

Excerpt: ... and reply papers and supplemental briefs. RULING The motion is DENIED. BACKGROUND On December 15, 2017, plaintiff Cross Creek Village Homeowners Association filed a complaint against Alexander Cvetkovich for breach of contract, breach of CC&Rs and Rules, nuisance, and fraud. On March 6, 2019, the court denied defendant's motion for leave to file a cross- complaint. Defendant had sought to file a cross-complaint against ten defendants alleging 12...

Excerpt: ...Pending Action of Minor The court considered the moving papers and the probate department's review of the proposed special needs trust. RULING The court is inclined to grant petitioner's Petition to Approve Compromise of Pending Action on behalf of minor claimant Tilly Dula-Rose and to approve the special needs trust. Pursuant to California Rules of Court, Rule 7.952(a), petitioner and claimant are required to attend the hearing on the petition b...

Excerpt: ...omplaint The court considered the moving, opposition, and reply papers. RULING The demurrer is OVERRULED as to the 4 th cause of action and SUSTAINED WITHOUT LEAVE TO AMEND as to the 5 thand 9 th causes of action. The motion to strike is GRANTED in part and DENIED in part as stated below. Defendants are ordered to file an answer within ten days. BACKGROUND <0048004f00030028004700 00470003003600580056[an Edwards filed a complaint against defendant...

Excerpt: ...urt considered the moving and opposition papers. RULING The motion to quash is DENIED. BACKGROUND On February 20, 2019, AFC Cal, LLC filed a complaint against defendants Jordan Auto, LLC, Jordan Auto, LLC, dba Jordan Auto, and Ramadan Am Alafghani for breach of written contract, breach of written guaranty, possession of personal property, conversion, injunctive relief, and common count. Plaintiff allege that on December 13, 2014, Jordan Auto deli...

Excerpt: ... moving, opposition, and reply papers. RULING The motion is DENIED WITHOUT PREJUDICE. BACKGROUND On January 19, 2017, Cynthia Reese and James V. Reese, Jr., ind. and as the surviving heirs and successors in interest of decedent, Coen Jameson Reese and Estate of Coen Jameson Reese, filed a complaint against Jaime Alberto Cornejo, J.A.C. Trucking, LLC, and J A C Trucking LLC for negligence – wrongful death, survival action, and punitive damages. ...

Excerpt: ...t considered the moving papers and plaintiffs' notice of non-opposition. RULING The motion is GRANTED. Defendant is ordered to lodge a proposed judgment. BACKGROUND <0036005800560044005100 0003002700440059004c[d Rosak, Ken Rosak, and Michael Rosak filed a First Amended Complaint against Providence Little Company of Mary Medical Center – Torrance and Amar Nawathe, M.D. for medical malpractice, loss of consortium, and NIED. On August 21, 2017, pl...

Excerpt: ...ered the moving, opposition, and reply papers. RULING The motion compel mental examinations of Plaintiffs Juli Keene and Emerald Padgett is GRANTED. The time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the person or persons who will perform the examination, will be in accordance with Defendants' motion and this order. BACKGROUND Plaintiffs Juli Keene and Emerald Padgett, ...

Excerpt: ...ts for Production, Set One As to defendant Bay Club Los Angeles, Inc.: (1) Motion to Compel Responses to Special Interrogatories (2) Motion to Compel Response to Requests for Production, Set One The court considered the moving papers. RULING The motions are GRANTED. Defendants The Bay Clubs Company, LLC and Bay Club Los Angeles, Inc. are ordered to serve on plaintiff verified responses without objections to plaintiff's Special Interrogatories, Se...

Excerpt: ...ctive Order Regarding Deposition of Mark Steffen 3. Motion for Protective Order Regarding Deposition of Don Lee 4. Motion for Protective Order Regarding Deposition of Terry Ragins 5. Motion for Protective Order Regarding Deposition of Michael Wermers The court considered the moving, opposition, and reply papers. RULING The motions are GRANTED. The requests for sanctions are DENIED. BACKGROUND On October 10, 2017, Jane RR Doe, Jane M Doe, and John...

Excerpt: ...005500 [ Motion for Summary Judgment or, in the alternative, Summary Adjudication The court considered the moving, opposition, and reply papers. RULING The motion is for summary judgment is GRANTED. The motion of summary adjudication is MOOT in light of the ruling on the motion for summary judgment. Moving defendants are to lodge a proposed judgment. BACKGROUND On November 16, 2015, Deforest Mapp filed a complaint against defendants Kappa Alpha P...

Excerpt: ...2) Motion for Protective Order Re: 246 Special Interrogatories, Set Four (3) Motion for Protective Order Re: 252 Request for Production, Set Two (4) Motion for Protective Order Re: 349 Request for Production, Set Three The court considered the moving, untimely opposition, and reply papers. RULING The hearing on the motions is CONTINUED to May 9, 2019, at 8:30 a.m. to allow the parties to meet and confer to limit the number of interrogatories and ...

Excerpt: ...0500053004f004400 4c00510057> The court considered the moving, opposition, and reply papers. RULING The demurrer is OVERRULED as to the 11 th cause of action and SUSTAINED WITHOUT LEAVE TO AMEND as to the 13 thand 14 th causes of action in the SAC. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND as the claim for exemplary and punitive damages at paras. 146, 156, and 161 and DENIED as to the balance. BACKGROUND On November 3, 2017, plaintif...

Excerpt: ... the moving, opposition, and reply papers. RULING The motion is GRANTED. Defendants are ordered to file their cross-complaint within five days. BACKGROUND On October 25, 2016, plaintiffs Juli Keene and Emerald Padgett, by and through her guardian ad litem, Juli Keene, filed a complaint against Pier Studio Apartments, LLC and Milan Capital Management, Inc. for breach of warranty of habitability, negligence/premises liability, nuisance, IIED, breac...

Excerpt: ...ternative, Summary Adjudication of Issues The court considered the moving, opposition, and reply papers. RULING The motion for summary judgment is DENIED. The motion for summary adjudication is DENIED. BACKGROUND On November 3, 2016, plaintiffs Alexis Fernandez and Evelyn Fernandez filed a Complaint against Government Employees Insurance Company (“Geico”), Toyota Motor Corporation, Toyota Motor Sales, U.S.A., Inc., Samuel Kim, and Cindy B. Ki...

Excerpt: ...NG The motion is DENIED. BACKGROUND On November 19, 2018, plaintiff Christopher Bembynista filed a complaint against defendant Paul G. Dombrowski. On November 27, 2018, plaintiff filed a FAC for (1) trespass, (2) nuisance, (3) conversion, and, (4) negligence. LEGAL STANDARD The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. CCP ...