Excerpt: ...Deposition Notice for the PMQ The court considered the moving papers. RULING The motion is GRANTED as to evidence and monetary sanctions. Defendant is awarded monetary sanctions in the amount of $760 ($350 x 2 hrs., filing fee) against plaintiff and plaintiff's attorney of record. Plaintiff is prohibited from introducing at trial any evidence relating to the 20 categories of examination listed in the Notice of Deposition for Plaintiff's Person Mo...

Excerpt: ...ourt considered the moving and opposition papers. RULING The demurrer is OVERRULED. The motion to strike is DENIED. Defendant is ordered to file an answer within ten days. BACKGROUND On June 25, 2020, John Doe V.M. and John Doe R.M. filed a complaint against Does 1 to 50 for (1) battery, (2) sexual battery, (3) IIED, (4) negligence, (5) violation of Tom Bane Civil Rights Act, (6) violation of Unruh Civil Rights Act, (7) violation of Ralph Civil R...

Excerpt: ... hearing was continued from March 10, 2022. RULING The motion is DENIED WITHOUT PREJUDICE. BACKGROUND On March 30, 2020, plaintiff Ruby Ocampo filed a complaint against Sunshine Home Care 1, LLC for violations of Labor Code and violation of Bus. and Prof. Code §17200. Plaintiff alleges that in April 2018, she interviewed for a position in defendant's elderly care facility. She was advised that the rate of pay was $85/day for an 8-hr. workday, fi...

Excerpt: ...mpelling Responses to Demand for Production of Documents The court considered the moving, opposition, and reply papers. RULING The motions are GRANTED. Plaintiff State Farm is ordered to respond without objections to defendant Cynthia G. Allison's Form Interrogatories, Set One within 10 days. Plaintiff State Farm is ordered (1) to serve on defendant a verified response without objections to defendant's Demand for Production of Documents, Set One,...

Excerpt: ...onetary Sanctions The court considered the moving, opposition, and reply papers. RULING The motion to strike answer and/or for imposition of issue, evidentiary, and monetary sanctions is GRANTED IN PART AND DENIED IN PART. The court grants plaintiff's request for monetary sanctions in the sum of $1,160.00 against defendant for his failure to provide court-ordered discovery. The court denies all other requests. BACKGROUND On May 13, 2021, plaintif...

Excerpt: ...a Marie Harmon; Request for Monetary Sanctions Against Defendant in the Sum of $850 The court considered the moving papers. RULING The motion is GRANTED. Defendant Teresa Marie Harmon is ordered to tender payment of $850 to plaintiff's counsel within 30 days of this order. BACKGROUND On November 9, 2021, plaintiff Los Angeles Federal Credit Union filed a complaint against defendant Teresa Marie Harmon for breach of contract, money lent, and claim...

Excerpt: ...______________. BACKGROUND On November 23, 2020, plaintiff George West filed a complaint against defendant Silvercar, Inc. for civil penalties pursuant to Labor Code § 2699, et seq. for violations of the Labor Code. LEGAL AUTHORITY Labor Code §2699 states: “(a) Notwithstanding any other provision of law, any provision of this code that provides for a civil penalty to be assessed and collected by the Labor and Workforce Development Agency or a...

Excerpt: ...d for Monetary Sanctions The court considered the moving papers. RULING 1. Plaintiffs' motion to compel responses at further deposition is GRANTED. 2. Plaintiffs' motion to compel production of documents at further deposition is GRANTED. 3. Plaintiffs' request for sanctions against Taylor is GRANTED for the sum of $2,150.00. BACKGROUND On June 12, 2020, plaintiffs Davon Dean, Hugo Aceves, and Juan Abel Gomez filed a complaint against defendants L...

Excerpt: ...Litem Steven Oppenheimer, Aiden Oppenheimer, by and through his Guardian ad Litem Steven Oppenheimer, and Avery Oppenheimer, by and through his Guardian ad Litem Steven Oppenheimer; Defendants Public Storage and Maria Luisa Acosta Motion for Leave to File First Amended Cross-Complaint The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. Defendant/Cross-Complainant Centinela Storage Associates is ordered to ...

Excerpt: ...g Party: Unopposed Motion to Expunge Lis Pendens The court considered the moving papers. RULING The motion to expunge lis pendens is GRANTED. Attorney's fees and costs are awarded against plaintiff Frank Martinez and in favor of defendant Jay Dharmasuriya in the sum of $2,950.00. BACKGROUND On April 26, 2021, plaintiff Frank Martinez filed a verified complaint against defendant Jay Dharmasuriya, as successor trustee of the Jay Wyman Special Needs...

Excerpt: ...e Production of Records Regarding Jane Doe The court considered the moving papers. RULING Defendant Learn It Systems, LLC dba Beach Cities Learning's Motion to Compel Compliance of Five Acres with Deposition Subpoena for the Production of Records Regarding Jane Doe is GRANTED. BACKGROUND On April 9, 2021, Plaintiff Jane Doe (“Plaintiff”) initiated this action against Defendants Learn-It Systems, LLC dba Beach Cities Learning, erroneously sued...

Excerpt: ...nsidered the moving, opposition, and reply papers. RULING The motion to compel the deposition of plaintiff is GRANTED. Plaintiff is ordered to appear for deposition on the agreed upon date of June 10, 2022, unless the parties agree to a different date certain. Plaintiff and plaintiff's attorney of record Consumer Law Experts, PC are ordered to pay sanctions in the amount of $390 within 30 days. The motion to compel the production of plaintiff's v...

Excerpt: ...on, and reply papers. RULING The motion is GRANTED. BACKGROUND On February 10, 2020, plaintiff Nicole Barnes filed a complaint against Warner Brothers Entertainment, Inc. and Eye Productions, Inc. for (1) battery, (2) negligence, and (3) premises liability. Plaintiff alleges that this is an action for personal injuries arising out of an incident on April 1, 2019. She alleges that she is an actress and was in full costume on the set of the televis...

Excerpt: ...le a declaration in compliance with CCP §2015.5. Plaintiff has not filed a declaration. RULING The motion is DENIED. BACKGROUND On July 8, 2019, plaintiff Deborah J. Waltrip (self-represented) filed a complaint against American Airlines, Inc. On January 10, 2020, plaintiff filed a FAC for general negligence. Plaintiff alleges that on July 12, 2017, she was aboard a flight at LAX when upon landing, another passenger was removing her bag from the ...

Excerpt: ... papers. No opposition was filed. RULING The motion is GRANTED. Trial is set for _________at 10:00 a.m. The FSC is set for _____________, at 10:00 a.m. BACKGROUND On July 12, 2019, plaintiffs Steven Oppenheimer and Shelice Oppenheimer and minors Ashton Oppenheimer, Aiden Oppenheimer, and Avery Oppenheimer filed a complaint against Public Storage, Inc. and Maria Luisa Acosta for (1) negligence, (2) NIED, and (3) premises liability. On December 6, ...

Excerpt: ...tion, and reply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 st, 2 nd, 4 th, 5 th, 6 th, 7 th, and 8th causes of action. The demurrer is SUSTAINED WITH 10 DAYS LEAVE TO AMEND as to the 9 th cause of action. The motion to strike is ruled on as stated below. BACKGROUND On September 23, 2021, plaintiff Niat Sefer filed a complaint against LQ Acquisition Properties, LLC, Wyndham Hotel Group, LLC, and LA Quinta Franchisi...

Excerpt: ...rnative, Summary Adjudication The court considered the moving papers. No opposition was filed. RULING The motion is GRANTED. The FSC is continued to June 1, 2022, at 10:00 a.m. The trial is continued to June 8, 2022, at 10:00 a.m. BACKGROUND On July 13, 2018, plaintiff Matthew Palmer filed a complaint against Elevon Retail Association and Mar Ventures, Inc. for negligence/premises liability. Plaintiff alleges that on February 5, 2018, defendants ...

Excerpt: ... Preliminary Injunction The court considered the moving, opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On March 18, 2021, plaintiff Animal Protection and Rescue League, Inc. filed a complaint against Highland Avenue Plaza, LLC, DPI Retail, LLC, and Doerken Properties, Inc. for (1) violation of the right of free speech guaranteed by the Cal. Const. Art 1 §2 and (2) violation of unfair competition law. LEGAL AUTHORITY “[A...

Excerpt: ...n to deem request for admissions, set one is GRANTED. The truth of any matters specified in Palos Verdes Realty, Inc's Request for Admissions, Set One, served on cross-complainant John Christodoro, is deemed admitted. The court orders that cross-complainant John Christodoro and his attorney of record Bobbi Samini pay to cross-defendant Palos Verdes Realty monetary sanctions in the amount of $345, within 30 days. BACKGROUND On September 8, 2016, A...

Excerpt: ... papers. RULING The motion is GRANTED. BACKGROUND On January 9, 2017, plaintiffs Norah Debellis and Eric Debellis filed a complaint against defendants City of Torrance and La Terrazza Homeowners Association (“La Terrazza”) for premises liability, dangerous condition of public property, and loss of consortium based on a trip and fall on a sidewalk on October 29, 2015. On April 20, 2017, La Terrazza filed a cross-complaint against City of Torra...

Excerpt: ...ion, and reply papers. RULING The demurrers are OVERRULED. Defendants are ordered to file answers within ten days. BACKGROUND On August 4, 2021, plaintiff Global Financial Partners Inc. filed a complaint against Skye Anesthesia and Robert Todd Stewart for declaratory relief. 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. ...

Excerpt: ...ule the hearing to be heard on a date 25 to 35 days in the future. Defendant is to file an amended notice and motion and serve all moving papers with sufficient statutory notice for the hearing date, in accordance with CCP §1005. The amended motion will be heard without prejudice to initial filing and any fees paid need not be duplicated. BACKGROUND On April 30, 2021, plaintiff George Edward Francisco, ind. by and through his guardian ad litem, ...

Excerpt: ...native, Summary Adjudication The court considered the moving, opposition, and reply papers. RULING The motion for summary judgment is GRANTED. BACKGROUND On August 28, 2019, Ella Alford and Raymoni Gordon (self-represented) filed a complaint against Reliant Immediate Care Medical Group, Reliant Immediate Care—LAX, Kinetix Surgery Center, Inc., Lawndale Orthopaedic Group, Moosa Kohanim, M.D., Eva Schondorf, M.D., Paul Santos Sucgang, D.O., Raymo...

Excerpt: ...s. RULING The motion is CONTINUED to May 4, 2022, at 8:30 a.m. The court sets an OSC re dismissal of the complaint for same date. BACKGROUND On March 30, 2020, plaintiff Ruby Ocampo filed a complaint against Sunshine Home Care 1, LLC for violations of Labor Code and violation of Bus. and Prof. Code §17200. Plaintiff alleges that in April 2018, she interviewed for a position in defendant's elderly care facility. She was advised that the rate of p...

Excerpt: ...Demurrer to Complaint (2) Motion to Strike The court considered the moving and opposition papers. RULING The demurrer is deemed MOOT as to plaintiff Marcelo Enriquez as he has been dismissed. The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 7 th cause of action for NIED. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND as to prayer for attorney's fees. Defendants are ordered to file an answer within ten days. BACKGROUND On October...

Excerpt: ...idered the moving, opposition, and reply papers. RULING The motion for summary adjudication is GRANTED as against plaintiff Ella Alford. BACKGROUND On August 28, 2019, Ella Alford and Raymoni Gordon (self-represented) filed a complaint against Reliant Immediate Care Medical Group, Reliant Immediate Care—LAX, Kinetix Surgery Center, Inc., Lawndale Orthopaedic Group, Moosa Kohanim, M.D., Eva Schondorf, M.D., Paul Santos Sucgang, D.O., Raymond Gor...

Excerpt: ...tion as to the 1 st cause of action for specific performance is DENIED. BACKGROUND On June 1, 2018, plaintiff Frank Khulusi filed a complaint against Leon Katz and Sharon Katz for specific performance and breach of contract. On September 24, 2019, the court granted defense counsel's motion to be relieved as counsel. On January 22, 2020, at the OSC re appointment of arbitrator and status conference re arbitration, plaintiff's counsel represented t...

Excerpt: ...nd SUSTAINED WITHOUT LEAVE TO AMEND as to the 4 th cause of action. Defendant Tony Oliva is ordered to file an answer within ten days. BACKGROUND On June 13, 2019, plaintiff Marisol Marcus filed a complaint against Tony Oliva and Michael Grant Construction Services, Inc. for (1) sexual battery in violation of Civil Code 1708.5, (2) battery, (3) IIED, (4) negligence, and (5) negligent hiring. On September 3, 2020, the court granted Tony Oliva's mo...

Excerpt: ...g, opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On December 26, 2012, Wells Fargo Bank filed a complaint against Sherri Taylor. On May 13, 2013, a default was entered against defendant. On May 15, 2013, a default judgment was entered against defendant for a total judgment of $39,120.70. On February 19, 2016, plaintiff filed a satisfaction of judgment-partial in the amount of $1935. On February 4, 2022, defendant filed the...

Excerpt: ...UND On September 14, 2021, plaintiff Jane Doe M.C. filed a complaint against Doe 1, Doe 2, Doe 3, and Does 4 to 50 for (1) childhood sexual assault, (2) sexual battery, (3) IIED, (4) negligent, (5) negligent retention/supervision/failure to warn, and (6) breach of fiduciary duty. Plaintiff alleges that in or around approximately 1957-1963, plaintiff, then a minor, was attending church services and related church events at Doe 2 when she became ac...

Excerpt: ...reply papers. RULING The motion is DENIED. BACKGROUND On October 29, 2020, plaintiff Gerhard Benthin, Jr. filed a complaint against Hilda Vargas and Ulysses Llanez Perez for (1) breach of written contract, (2) quantum meruit, (3) common count- services rendered, (4) common count – money had and received, and (5) fraud. Plaintiff alleges that on October 4, 2012, plaintiff and defendants entered into a written contract entitled Standard Coach/Soc...

Excerpt: ...ion for Preferential Trial Setting The court considered the moving and opposition papers. RULING The motion is DENIED WITHOUT PREJUDICE. BACKGROUND On February 4, 2021, plaintiff Gurmaij Sall filed a complaint against Homewood Suites by Hilton Los Angeles International Airport, Koar Airport Associates, LLC, Hilton Worldwide, Inc., Joyner Zecena, and Eguardo Aguayo for negligence and premises liability. Plaintiff alleges that on February 7, 2019, ...

Excerpt: ... court considered the moving, opposition, and reply papers. The hearing was continued from February 17, 2022 for supplemental briefing. RULING The motion is DENIED. BACKGROUND On February 10, 2020, plaintiff Nicole Barnes filed a complaint against Warner Brothers Entertainment, Inc. and Eye Productions, Inc. for (1) battery, (2) negligence, and (3) premises liability. Plaintiff alleges that this is an action for personal injuries arising out of a...

Excerpt: ..., opposition, and reply papers. RULING The motion for summary judgment is DENIED. The motion for summary adjudication is DENIED. BACKGROUND On February 1, 2017, plaintiff Stephen Eiges filed a complaint against defendants All American Asphalt, The Albert Gross Limited Partnership, dba Westway Auto Dismantlers, Inc. for (1) negligence, (2) premises liability, (3) negligent infliction of emotional distress, and (4) intentional tort. On October 17, ...

Excerpt: ... court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. BACKGROUND On February 10, 2020, plaintiff Nicole Barnes filed a complaint against Warner Brothers Entertainment, Inc. and Eye Productions, Inc. for (1) battery, (2) negligence, and (3) premises liability. Plaintiff alleges that this is an action for personal injuries arising out of an incident on April 1, 2019. She alleges that she is an actress and was in ...

Excerpt: ...ING The demurrer to the SAC is OVERRULED as to the 1 st through 3 rd causes of action. The demurrer is moot as to the 4 th cause of action as the court overruled it as to the FAC. Defendant Rita Collins is ordered to file an answer within 15 days. BACKGROUND On April 9, 2020, plaintiffs Randy Malveau and Erma Malveau filed a complaint for preliminary and permanent injunctions and for damages against Earl Collins, Rita Collins, and County Recorder...

Excerpt: ..., and reply papers. RULING The motion for summary judgment is DENIED. The motion for summary adjudication is GRANTED as to the 1 st cause of action for professional negligence and DENIED as to the 2 nd cause of action for breach of fiduciary duty. BACKGROUND On December 9, 2019, plaintiff Geoffrey Baker filed a complaint against Cummings & Franck, P.C. for (1) professional negligence, and (2) breach of fiduciary duty. LEGAL AUTHORITY The function...

Excerpt: ...ication (filed on January 21, 2021) The court considered the moving, opposition, and reply papers. RULING The motion for summary judgment is GRANTED only as against plaintiff Ella Alford; otherwise, it is DENIED. The motion for summary adjudication is DENIED as to the 1 st cause of action for general negligence and GRANTED as to the 2 nd cause of action for lack of informed consent. BACKGROUND On August 28, 2019, Ella Alford and Raymoni Gordon (s...

Excerpt: ...is deemed to be the motion. RULING The motion is DENIED. BACKGROUND On December 17, 2018, plaintiff Kathleen Thompson filed a complaint against The Terraces Homeowners Association for (1) breach of conveyance, conditions, and restrictions, (2) nuisance, and (3) negligence. Plaintiff alleges that Terraces HOA breached its obligation to maintain the common areas in a good condition by allowing the common area slope, sub-adjacent to plaintiff's prop...

Excerpt: ...court considered the motion, opposition, and reply papers. RULING The motion is GRANTED. The lis pendens are EXPUNGED. CCP §§405.31 and 405.32. Plaintiffs are ordered to pay reasonable attorney's fees and costs in the amount of $5435 to non-party Vijelas, LLC. BACKGROUND On October 22, 2021, plaintiff Wedgewood, LLC and Neighborhood Stabilization, LLC filed a complaint against Griselda Ruiz, Briselda Ruiz, and Vijelas, LLC for (1) misappropriat...

Excerpt: ...RANTED. The action is STAYED. BACKGROUND On September 21, 2021, Toya Ladwan Jackson filed a complaint against Lebo Automotive Inc. dba Manhattan Beach Toyota for violation of Song-Beverly Consumer Warranty Act. LEGAL AUTHORITY Under CCP § 1281, a “written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and revocable, save upon such grounds as exist for the revocation of any c...

Excerpt: ...the moving, opposition, and reply 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. In the complaint, plaintiffs allege that in 2015, plaintiff Mozella Robinson ...

Excerpt: ...f Arbitration Proceedings The court considered the moving, opposition, and reply papers. RULING The motion to compel arbitration is GRANTED. The case is STAYED. BACKGROUND On June 30, 2021, plaintiff Murray Plumbing and Heating Corporation, dba Murray Company filed a complaint against S E Pipe Line Construction Company, Turner-PCL, a Joint Venture, and Los Angeles World Airports to enforce stop payment notice, breach of contract, breach of oral c...

Excerpt: ...ile a declaration in compliance with CCP §2015.5. Plaintiff's declaration is missing, “I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.” BACKGROUND On July 8, 2019, plaintiff Deborah J. Waltrip (self-represented) filed a complaint against American Airlines, Inc. On January 10, 2020, plaintiff filed a FAC for general negligence. Plaintiff alleges that on July 12,...

Excerpt: ...red the moving, opposition, and reply papers. Defendant Lorton did not file an opposition. RULING The motion for summary judgment is GRANTED. BACKGROUND On August 19, 2019, plaintiff All American Asphalt filed a complaint against Dennis Lorton and SW Westchester Land, LLC for (1) breach of contract, (2) foreclosure of mechanic's lien, (3) services rendered and goods, wares, and merchandise sold and delivered, (4) open book account, and (5) accoun...

Excerpt: ...file his cross-complaint within five days. BACKGROUND On May 5, 2021, plaintiff Danny One Yamnitsky filed a complaint against Javier Ordonez for (1) specific performance and (2) declaratory relief. Plaintiff alleges that on April 7, 2021, the parties entered into a written California Residential Purchase Agreement and Joint Escrow Instructions wherein defendant agreed to sell to plaintiff real property at 1938 West 146 th Street, Gardena for $1 m...

Excerpt: ... and reply 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. In the complaint, plaintiffs allege that in 2015, plaintiff Mozella Robinson began to experience som...

Excerpt: ...rer is SUSTAINED WITHOUT LEAVE TO AMEND. Defendant is to submit proposed judgment of dismissal. BACKGROUND On September 23, 2021, plaintiff Damian Walters (self-represented) filed a complaint against John Doe for intentional tort. On November 19, 2021, plaintiff filed a FAC against Juan Prieto for (1) intentional tort and (2) negligence. LEGAL AUTHORITY When considering demurrers, courts read the allegations liberally and in context. Taylor v. Ci...

Excerpt: ...Request for Production of Documents, Set No. 5 (3) Motion to Compel Responses to Special Interrogatories, Set No. 5 (4) Motion to Compel Responses to Request for Production of Documents, Set No. 6 The court considered the moving, opposition, and reply papers. RULING The motions are DENIED AS MOOT. Plaintiff and plaintiff's attorney of record Strongin Berger are ordered to pay sanctions in the amount of $570 to each defendant for both motions, wit...

Excerpt: ...tion is GRANTED WITH 20 DAYS LEAVE TO AMEND as to the 2 nd and 3 rd causes of action. BACKGROUND On August 17, 2020, plaintiff Michael Monsalve filed a complaint against Eric Edenholm, Jaynette “JJ” Denham, Zoey Air LLC, and Imports of Scottsdale LLC for (1) conversion, (2) fraud – intentional misrepresentation, and (3) fraud – false promise. On April 20, 2021, defense counsel was relieved as counsel. The court granted plaintiff's motions...