Excerpt: ... to amend. Robert R. Maxwell, et al.'s Motion to Strike Portions of Complaint is moot, in part, and granted with 20 days leave to amend, in part. Background Plaintiff filed the Complaint on April 29, 2021. Plaintiff alleges the following facts. Plaintiff and Defendants own adjacent real property in Rancho Palos Verdes Estates. Defendants' real property is encroaching into the property line of Plaintiff's property. Plaintiff alleges the following ...

Excerpt: ...intiff filed the Complaint on January 19, 2022. Plaintiff alleges the following facts. Plaintiff entered into an oral contract with Defendant Clean Beauty Concepts LLC. Plaintiff was to receive certain commissions in exchange for identifying purchasers of hand sanitizer for Clean Beauty. Defendant Danish Gajiani, the CEO of Clean Beauty, intentionally misrepresented, on behalf of Clean Beauty, that Plaintiff would be paid the commissions. Plainti...

Excerpt: ...ff files its Complaint on February 17, 2022. Plaintiff's First Amended Complaint was filed on March 29, 2022. Plaintiff alleges the following facts. Plaintiff is an out-of- network medical provider who treated participants of the health plan of Defendants. Plaintiff alleges that it provided medically necessary emergency services to insured member patients. However, Plaintiff was not paid, at all for some services, and for some other services, not...

Excerpt: ...iled his Complaint on March 22, 2021. Due to legal troubles, in 2007, Plaintiff was required to leave the country. During this time, Plaintiff and Defendant Margarita Chicas had an agreement that Defendant would manage the real property owned by Plaintiff located at 10234 S. 10th Ave. Inglewood, CA 90303. However, instead, Defendant obtained title to Plaintiff's real property through fraud and forgery of the deed. Plaintiff alleges the following ...

Excerpt: ...laintiffs filed the Complaint on June 23, 2020. Plaintiffs allege the following facts. Plaintiffs leased property from Defendants and were injured due to the uninhabitable conditions on the property. Plaintiffs allege the following causes of action: 1. Violation of Civ. Code § 1942.4; 2. Tortious Breach of the Warranty of Habitability; 3. Breach of the Covenant of Quiet Enjoyment; 4. Nuisance; 5. Violation of Business and Professions Code § 172...

Excerpt: ...tars Behavioral Health Group, Inc., et al.'s Demurrer to First Amended Complaint is sustained with 20 days leave to amend. Stars Behavioral Health Group, Inc., et al.'s Motion to Strike Portions of First Amended Complaint is moot. Background Plaintiffs filed the Complaint on May 10, 2019. Plaintiffs' First Amended Complaint was filed on January 27, 2022. Plaintiffs allege the following facts. On or about July 30, 2018, Plaintiff Armando Zepeda wa...

Excerpt: ...Amended Petition for Writ of Mandate and Prohibition TENTATIVE RULING Palos Verdes Peninsula Unified School District's Demurrer to Second Amended Petition for Writ of Mandate and Prohibition is sustained with 20 days leave to amend. Palos Verdes Peninsula Unified School District's Motion to Strike Portions of Second Amended Petition for Writ of Mandate and Prohibition is moot. Background Petitioner filed the Petition for Writ of Mandate and Prohi...

Excerpt: ...granted. Background Plaintiffs filed the Complaint on March 22, 2016. Plaintiffs' operative Third Amended Complaint was filed on September 20, 2017. Plaintiffs allege the following facts: Defendant Hugh Douglas Bek promised his mother, decedent Barbara Bek Payne, that he would distribute the assets of her estate equally between himself and her grandchildren upon her death. Defendant broke this promise by refusing to distribute any of the property...

Excerpt: ...uly 23, 2019. Plaintiff alleges the following facts: Plaintiff is the owner of real property located at 209 Camino De Las Colinas, Redondo Beach, Los Angeles County, California, which is legally described as follows: 7514002020, 209 Camino De Las Colinas, Torrance, Tract #10300 Lot 32 Blk H. Defendants are the owners of other real property commonly known as 213 Camino, De Las Colinas, Redondo Beach, Los Angeles 5 County, California, which propert...

Excerpt: ...ch 4, 2022. Plaintiff alleges the following facts. Plaintiff and Defendants entered into several partnership agreements to operate several businesses. Defendants made improper demands for payment to Plaintiff and proceeded to terminate Plaintiff's partnership. Plaintiff alleges the following causes of action: 1. Breach of Contract; 2. Breach of the Covenant of Good Faith and Fair Dealing; 3. Breach of Fiduciary Duty; 4. Accounting 5. Conversion; ...

Excerpt: ...ion for Attorneys' Fees and Costs TENTATIVE RULING Mark S. Adams' Motion to Approve and Confirm Retention of Ervin Cohen & Jessup as General Counsel is granted Mark S. Adams' Motion for Discharge of Receiver, Exoneration of Surety, and Order Directing Payment of Costs and Fees is granted. City of Torrance's Motion for Attorneys' Fees and Costs is granted. Background Petitioner City of Torrance filed its petition to appoint a Receiver to remedy su...

Excerpt: ... following facts. In 2018, pursuant to written loan agreements, Plaintiff loaned Defendant in excess of $2 million. Defendant failed to repay the amounts due on the loans pursuant to the terms delineated in the agreements. Plaintiff alleges the following causes of action: 1. Breach of Contract; 2. Fraud/False Promise; 3. Recovery of Personal Property; 4. Specific Performance; 5. Conversion; 6. Violation of California Civil Code § 1719; 7. Declar...

Excerpt: ..., 2018. Plaintiffs alleged the following facts: Plaintiffs entered into a one-year residential lease agreement to rent the real property located at 1642 Carlson Land, Redondo Beach, from Defendant Victor Wang, owner and landlord of the subject property. Plaintiffs allege that rats invaded the property leading them to vacate the premises. Plaintiffs bring the following causes of action: 1. Tortious Breach of the Warranty of Habitability; 2. Breach...

Excerpt: ...r and for Sanctions TENTATIVE RULING Roshan Jayasinghe's Demurrer to First Amended Complaint is sustained with 20 days leave to amend. Roshan Jayasinghe's Motion to Strike Portions of First Amended Complaint is deemed moot. Suriya, LLC's Demurrer to First Amended Complaint and Motion to Strike Portions of First Amended Complaint are hereby stricken. Tropic Fishery Pvt., Ltd.'s Motion to Strike Suriya, LLC's Answer and Request for Sanctions is den...

Excerpt: ...of Kenton Lane, Terrence Theobald, and Maureen Theobald is denied without prejudice. Kenton Lane's Motion to Compel Further Deposition of Dr. Christopher Leach is denied without prejudice. Background Plaintiffs filed their Complaint on July 6, 2020. Plaintiffs allege the following facts. Defendant Kenton Lane became a tenant in Plaintiff's home. Defendant Lane is a marriage and family therapist. Defendant Lane provided therapy services to Plainti...

Excerpt: ..., 2021. Plaintiff alleges the following facts. Plaintiff is a former or current employee of Defendants. Plaintiff, individually, and on behalf of other similarly aggrieved employees, asserts a single cause of action for civil penalties under the Private Attorneys General Act (“PAGA”) for Labor Code violations that allegedly occurred during Plaintiff's employment with Plaintiff's employer. Motion for Leave to Amend The court may, in furtheranc...

Excerpt: ...laintiff alleges the following facts. Plaintiff negotiated a real estate transaction for Defendants. Plaintiff and Defendants entered into a contract for compensation which is attached as Exhibit A-O to the Fourth Amended Complaint. To partially satisfy Defendants' obligation to compensate Plaintiff, Defendants assigned two of their debts/accounts to Plaintiff for services rendered. Plaintiff contends that the assignments were worthless. Plaintif...

Excerpt: ...following facts. Plaintiff leased commercial property from Defendant. Defendant neglected the roof and plumbing of the retail center. Vagrants frequented the parking lot of the retail center and homeless moved into condemned units which caused flooding. Defendant failed to rectify these issues and Plaintiff's skin care business failed. Plaintiff alleges the following cause of action: 1. Breach of Covenant of Quiet Enjoyment; 2. Negligence; 3. Con...

Excerpt: ... Background Plaintiff filed the Complaint on February 19, 2019. Plaintiff's Second Amended Complaint was filed on June 22, 2020. Plaintiff alleges the following facts. This case involves the alleged defective construction of Plaintiff's multi-million-dollar home located at 38 Saddleback Road in Rolling Hills, California. The project consisted of the construction of an approximately 9,500 square foot single family residence as well as appurtenance...

Excerpt: ...nied. Background Plaintiff filed the Complaint on August 31, 2021. Plaintiff's First Amended Complaint was filed on October 28, 2021. Plaintiff provided to the Defendants cash, goods, and services in connection with work on the home of Defendants. In return, Defendants agreed to give Plaintiff land in Mexico. Defendants failed to perform. Plaintiff alleges the following cause of action: 1. Promise Made Without Intention to Perform. Objections Pla...

Excerpt: ...Building & Design's Motion to Compel Further Responses to Special Interrogatories, Set Two, is granted. Austin Building & Design's Motion for Leave to File First Amended Cross-Complaint is denied. Background Plaintiff Hardrock Management Corporation (“Hardrock”) filed its Complaint on October 8, 2019. Plaintiff's First Amended Complaint was filed on December 18, 2019. Plaintiff alleges the following facts. Northrup Grumman hired Austin as a g...

Excerpt: ...mend, in part, and without leave to amend, in part. The demurrer to the first through third causes of action is sustained with 20 days leave to amend. The demurrer to the fourth cause of action is sustained without leave to amend. City of Lawndale's Motion to Strike Portions of First Amended Complaint is moot. Background Plaintiff's Complaint was filed on March 18, 2021. Plaintiff's First Amended Complaint was filed on February 8, 2022. Plaintiff...

Excerpt: ...enied. Background Plaintiff Princess Obienu filed her Complaint on July 16, 2020. The First Amended Complaint was filed on April 11, 2022 by a new Plaintiff: Tamunomietta Jaja. Plaintiff alleges the following facts. Plaintiff lived at the apartment located at 818 Austin Avenue, Unit 8, Inglewood, California. However, the conditions in which she lived were uninhabitable due to water intrusion, mold infestation, and excessive noise. In the original...

Excerpt: ... part. Sophie Adams, et al.'s Motion to Reclassify is denied without prejudice. Background Plaintiff filed the Complaint on October 1, 2021. Plaintiff alleges the following facts. Plaintiff engaged Defendant Sophie Adams' psychic services for a Tarot card reading, and she informed Plaintiff that he suffered from “mala suerte” (bad luck). Plaintiff paid a deposit of $1,000, towards a $5,100 charge, to reinstate good luck which would help save ...

Excerpt: ...on for Leave to File Second Amended Cross- Complaint is denied without prejudice. Juan Luis Hernandez's Demurrer to First Amended Cross-Complaint is sustained with 20 days leave to amend. Juan Luis Hernandez's Motion for Sanctions is denied. Background Plaintiff filed his Complaint on March 22, 2021. Due to legal troubles, in 2007, Plaintiff was required to leave the country. During this time, Plaintiff and Defendant had an agreement that Defenda...

Excerpt: ...ntiff filed the Complaint on February 5, 2021. Plaintiff alleges the following facts. Plaintiff and Defendant Valley of the Sun Cosmetics, LLC entered into a contract for warehouse storage services on certain shampoo bottles and caps. Defendant failed to pay for the services. Plaintiff placed a lien on the products stored. Plaintiff alleges the following causes of action: 1. Breach of Written Contract; 2. Declaratory Relief; 3. Injunctive Relief;...

Excerpt: ...operty located at 7137 Avenida Altisima Rancho Palos Verdes CA 90275. Demurrer Delta Imports v. Municipal Court (1983) 146 Cal.App.3d 1033, 1036 holds that a motion to quash service of summons is the proper procedure to test whether a complaint states a cause of action for unlawful detainer. However, other recent cases have held that a demurrer is the appropriate method to challenge whether a complaint states a valid cause of action for unlawful ...

Excerpt: ...E RULING 2221 Park Place Partners LLC's Motion to Compel Further Responses to and Compliance with Request for Production of Documents (Set One) is denied. Marten King's Application to Appear as Counsel Pro Hac Vice is granted. Background Plaintiff 2221 Park Place Partners LLC (“Landlord”) filed its original Complaint on June 30, 2020. Plaintiff operative Fourth Amended Complaint was filed on November 29, 2021. Plaintiff alleges the following ...

Excerpt: ...t Amended Complaint was filed on February 3, 2022. Plaintiffs allege the following facts. Plaintiffs allege that Defendants forcibly entered, and Plaintiffs were forcibly evicted from their lawful possession of the property located at 13106 S. Vermont Ave., Unit #7, Gardena, Ca. 90247. Plaintiffs allege the following causes of action: 1. Forcible Entry; 2. Forcible Eviction. Defendant Weststar Property Management filed a Cross-Complaint on Februa...

Excerpt: ...8. Plaintiff seeks to collect assessments from residents of Parkside Village Homeowners Association (“Parkside” or “HOA”). As against Defendant Herman Powells, Plaintiff also alleged that Powells was a former officer of the HOA, was refusing to return HOA owned property, and that he breached his fiduciary duty as an officer of the HOA. Defendant Powells' motion for summary judgment was granted. As against Defendants Jeffrey Johnson and Tr...

Excerpt: ... Complaint is granted. Background Plaintiff filed his Complaint on May 4, 2021. Plaintiff alleges the following facts. On or about August 7, 2020, Plaintiff entered into a rental agreement with Defendant who owns the property located at 416 Virginia Street, El Segundo, California 90245. At the end of the lease term, Defendant failed to refund the security deposit. Plaintiff alleges the following causes of action: 1. Bad Faith Retention of Securit...

Excerpt: ...sh Service of Summons and Complaint 5. John W. McCauley's Application to Appear as Counsel Pro Hac Vice 6. Alan W. Nicgorski's Application to Appear as Counsel Pro Hac Vice TENTATIVE RULING Air Fayre CA Inc. and Darryl Terrell's Demurrer to Complaint is overruled, in part, and sustained with 20 days leave to amend, in part. Chase Packaging, LLC's Demurrer to Cross-Complaint is overruled. Chase Packaging, LLC's Motion to Strike Portions of Cross- ...

Excerpt: ... Compel Attendance at Deposition and for Sanctions is granted. Background Plaintiff filed his Complaint Filed on August 14, 2019. Plaintiff alleges the following facts. Plaintiff sues on a promissory note. A demand was made on Defendant for payment pursuant to terms of the promissory note, but Defendant has refused to pay. Plaintiff alleges the following causes of action: 1. Breach of Contract – Promissory Note. On February 14, 2022, Plaintiff'...

Excerpt: ...ptember 24, 2020. Plaintiff filed her First Amended Complaint on August 5, 2022. Plaintiff alleges the following facts. Plaintiff is a former employee of Defendant. Plaintiff filed the instant Private Attorney General Act of 2004 ("PAGA") action on behalf of all current and former California-based hourly-paid or non-exempt employees of Defendant within the State of California. Plaintiff's operative FAC alleges the following violations of the Cali...

Excerpt: ...ATIVE RULING Alberto Navarro dba Ocean Pools Plastering Company's Motion for Determination of Good Faith Settlement is granted. Steve Larkin dba SRL Construction's Motion to Contest Good Faith Settlement is denied. Background Plaintiff filed the Complaint on February 19, 2019. Plaintiff's Second Amended Complaint was filed on June 22, 2020. Plaintiff alleges the following facts. This case involves the alleged defective construction of Plaintiff's...

Excerpt: ...d”) filed its Complaint on July 23, 2020. Plaintiff alleges the following facts. Defendants commenced construction of a coffee shop and made unauthorized modifications to the common areas, which violate the Conditions, Covenants and Restrictions (CC&Rs) which govern the subject property. Plaintiff seeks to enjoin Defendants from continuing with any construction, modifications or improvements to Unit 109 and the common areas of 1300 Highland. Pl...

Excerpt: ...e 3. Weststar Property Management, Inc.'s Motion to Compel Juan Ramirez's Responses to Requests for Admission, Set One 4. Weststar Property Management, Inc.'s Motion to Compel Juan Ramirez's Requests for Production of Documents, Set One 5. Weststar Property Management, Inc.'s Motion to Compel Alondra Ramirez's Responses to Form Interrogatories, Set One 6. Weststar Property Management, Inc.'s Motion to Compel Alondra Ramirez's Responses to Special...

Excerpt: ...otion to Compel Further Responses to Request for Production of Documents, Set Two TENTATIVE RULING Ronald Neer, et al.'s Motion to Compel Further Responses to Request for Production of Documents, Set Three, Requests for Admissions, Set Three, and Form Interrogatories, Set Three is granted, in part, and is denied, in part. USAA Casualty Insurance Company's Motion to Compel Further Responses to Request for Production of Documents, Set Three is deni...

Excerpt: ...ed. Background Plaintiff filed his Complaint on July 24, 2019. Plaintiff's operative First Amended Complaint was filed on August 17, 2020. Plaintiff alleges the following facts. Plaintiff alleges that he suffered numerous physical and emotional injuries related to his care and treatment at Las Flores Convalescent Hospital from August 2017 through March 2019. Plaintiff alleges the following causes of action: 1. Assault; 2. Negligence; 3. Negligent...

Excerpt: ...ing facts. Plaintiff and Defendant Alan Boeke were both shopping at a Vons market when they had an argument inside the store. When Plaintiff exited the store, Defendant Boeke, was already in his vehicle, and intentionally drove his vehicle into Plaintiff and struck Plaintiff. Defendant Boeke then backed up the vehicle and intentionally ran over Plaintiff's legs. Defendant then fled the scene of the incident. Afterwards, Defendants Boeke and Ronal...

Excerpt: ...2. Plaintiff alleges the following facts. Plaintiff purchased a Honda Pilot from Barber-Honda Bakersfield. Plaintiff received written, express, and implied warranties from Defendant in connection with her purchase. After five repair attempts, the vehicle continues to suffer from defects. Plaintiff was told by Defendant's agent that Defendant was interested in resolving the matter, but a resolution of the matter was not reached. Plaintiff alleges ...

Excerpt: ...ion to Quash Service of Summons and Complaint is granted. Ikegai Corporation's Motion to Quash Service of Summons on Third Amended Complaint is granted. Background Plaintiffs filed their Complaint on July 29, 2019. The operative Third Amended Complaint was filed on February 24, 2021. Plaintiffs allege the following facts. Plaintiff Ty Nguyen was working for Nationwide Plastic Products, Inc. when he was injured because of his arm becoming caught i...

Excerpt: ...ond Amended Complaint is overruled, in part, and sustained without leave to amend, in part. LAX Hotel Venture, Inc., et al.'s Motion to Strike Portions of Second Amended Complaint is moot. Background Plaintiffs filed their Complaint on July 23, 2021. Plaintiffs' operative Second Amended Complaint was filed on May 18, 2022. Plaintiffs allege the following facts. On January 22, 2021, Plaintiffs were guests at the Travelodge Lax South motel, located...

Excerpt: ...October 22, 2019. Plaintiff alleges the following facts. Plaintiff purchased a 2016 Volvo XC60 vehicle, which was manufactured and distributed by Defendant. The vehicle suffers from defects, including defects to the transmission system, electrical system, braking system, suspension system, and engine. Defendant has not been able to repair the vehicle and Defendant has refused to repurchase the vehicle. Plaintiff alleges a violation of the Song-Be...

Excerpt: ...2, 2020. Plaintiffs' First Amended Complaint was filed on July 30, 2020. Plaintiffs allege the following facts. Plaintiffs' decedent was killed in automobile accident. Defendants were operating a 2016 Tesla Model S which purportedly suffered from defects. Plaintiffs allege the following causes of action: 1. Negligence; 2. Negligent Hiring, Training, Retention, and Supervision; 3. Strict Product Liability; 4. Negligence Product Liability; 5. Negli...

Excerpt: ... Allow Plaintiffs to Discover Financial Condition Information TENTATIVE RULING Hazel Alers' Motion for Reconsideration of Order of Dismissal is denied. Hazel Alers, et al.'s Motion to Amend Second Amended Complaint to Include Punitive Damages Claims and Motion for an Order to Allow Plaintiffs to Discover Financial Condition Information are deemed moot. No operative Second Amended Complaint currently remains against the Defendants that would suppo...

Excerpt: ...filed his Complaint on May 6, 2019. Plaintiff alleges the following facts. Plaintiff signed up with Del Dental Group in March of 2017. Plaintiff sought to repair chips in his top left front tooth and right front tooth. During Plaintiff's initial consultation with Dr. Shahrzad Fattahi Zarrinnam, D.D.S., Dr. Zarrinnam stated that Plaintiff would need veneers or crowns. Also Dr. Zarrinnam stated that Plaintiff did not need a root canal. Plaintiff al...

Excerpt: ..., Set Three TENTATIVE RULING 31 st Street HB Investment Group, LLC's Motion to Quash and/or Motion for Protective Order is denied. 31 st Street HB Investment Group, LLC's Motion to Compel Further Responses to Request for Production of Documents, Set Three is denied. Background Plaintiff filed the Complaint on September 15, 2020. Plaintiff alleges the following facts. Plaintiff purchased drywall from Defendant. Once installed, the drywall retained...

Excerpt: ... Motion to Compel Further Responses to Request for Production of Documents, Set Two is granted, in part. Austin Building & Design's Motion for Summary Adjudication is denied. The Court notes that Defendant's Motion for Summary Adjudication was originally heard on May 25, 2022. The motion was denied as to Issue 2 but continued as to Issue 1. Thus, the Court will omit discussions of Issue 2 and the parties are referred to the minute order of May 25...

Excerpt: ...filed its First Amended Complaint on March 17, 2021. Plaintiff alleges the following facts. On October 19, 2019, Plaintiff financed Defendant Georgette Christelle Ngo Biiga's (“Biiga”) purchase of a 2015 Dodge Challenger for $25,810.00. Defendant failed to make a single payment on the loan or obtain insurance. Defendant Biiga brought the vehicle to Defendant Planet Collision Center (“Planet”) and did not pay for the repairs. Defendant Pla...