Excerpt: ...aintiff's Complaint is SUSTAINED in its entirety. Defendant Leane Wholesale LLC's (erroneously sued as Feather Fresh Foods) demurrer is SUSTAINED in part (i.e., as to the first through sixth, tenth and eleventh causes of action) and OVERULED in part (i.e., as to the seventh through ninth causes of action). The court will hear from counsel for Plaintiff as to whether leave to amend is requested, and as to which cause(s) of action, and will require...

Excerpt: ...ve Ruling Plaintiff Southern California School of Theology dba Claremont School of Theology's Motion for Attorney's Fees is GRANTED, in the amount requested. Background This case proceeded to court trial on September 24, 2018. On December 18, 2018, the Statement of Decision was filed. On January 23, 2019, the Amended Final Judgment and Permanent Injunction was filed. On January 25, 2019, Claremont Graduate University (“CGU”) and the Claremont...

Excerpt: ...MOTION FOR AN ORDER SEEKING LEAVE OF COURT TO FILE A CROSS-COMPLAINT Responding Party: Plaintiffs, Karen Draper and Howard George Draper Tentative Ruling 1. Defendant R.H. Peterson Co.'s Motion to Dismiss Plaintiffs' Complaint for Inconvenient Forum or, in the Alternative, Motion to Apply Colorado Law is GRANTED. 2. Defendant R.H. Peterson Co.'s Motion for an Order Seeking Leave of Court to File a Cross-Complaint is TAKEN OFF-CALENDAR as MOOT. Ba...

Excerpt: ... is GRANTED. Background Case No. KC070593 Plaintiff Petru Gaboras dba Advanced Construction & Restoration (“Gaboras”) alleges that on or about April 24, 2017, Gaboras, Catano Enterprises, Inc. (“CEI”) and Jose Catano (“Catano”) entered into a written construction contract, wherein Gaboras agreed to provide certain labor, equipment, material and services on a private work of improvement on the subject property. Gaboras alleges that CEI...

Excerpt: ...DICATION <004c00470003002f004400 0047000300240051004a[ela Ladewig Tentative Ruling <00520057004c0052005100 005000440055005c0003[Judgment is TAKEN OFF-CALENDAR as MOOT. Defendant The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of CWABS Inc., asset-backed Certificates, Series 2006-26 (“BONY”) Motion for Summary Judgment is GRANTED as to Plaintiff Angela. BONY's Motion for Summary Judgment/Adjudication...

Excerpt: ...the first cause of action) and otherwise SUSTAINED (i.e., as to the second through fourth causes of action), with leave given to amend. Background Plaintiffs Steven Scott, Sandra Scott, James Scott and Matthew Scott (“Plaintiffs”) allege that they sustained injuries in a July 5, 2016 multi-vehicle car accident. On August 24, 2018, City of Redondo Beach filed a cross-complaint, asserting causes of action against Xpress Trans Inc. (a California...

Excerpt: ...bitration. Background Plaintiff Mohammed Naji (“Plaintiff”) purchased the property located at 20911 E. Via Verde Street, Covina, California from Qing Ye (“Ye”). Plaintiff alleges that Ye failed to disclose known conditions affecting the subject property prior to the close of escrow. On January 14, 2019, Plaintiff filed a complaint, asserting causes of action against Ye and Does 1-100 for: 1. Breach of Contract 2. Fraud 3. Negligence 4. Br...

Excerpt: ...400 004c00460044004f0003[Center, Inc. Tentative Ruling Plaintiffs Magaly Lopez's and Austin Lopez's, a minor by and through his Guardian ad Litem, Magaly Lopez Motion for Order Compelling Citrus Valley Medical Center, Inc.'s Employees to Appear and Testify at Deposition is DENIED. Plaintiffs' request for sanctions is declined. Background Plaintiffs Magaly Lopez (“Magaly”) and Austin Lopez, a minor by and through his Guardian ad Litem, Magaly ...

Excerpt: ...Approval of Class Action Settlement and Leave to File First Amended Complaint is GRANTED. Background On November 21, 2017, Plaintiff Korri Torres, on behalf of himself and all aggrieved employees pursuant to Labor Code § 2698, et seq., filed a Representative Action Complaint for Civil Penalties Pursuant to Labor Code § 2699(f) for Violations of Labor Code § 204 and Pursuant to Labor Code §2699(a) for Violations of Labor Code §210 against Def...

Excerpt: ...tment of Children and Family Services) Motion for Judgment on the Pleadings is GRANTED. The court will hear from Plaintiff as to whether leave to amend is requested, and as to which cause(s) of action, and will require an offer of proof if so. Background Plaintiff Carlos Anthony Lopez (“Plaintiff”) alleges fraud and misrepresentations in a dependency case, involving the removal of his infant son in 2013. On November 15, 2018, Plaintiff filed ...

Excerpt: ...19 Order Deeming Plaintiff's Requests for Admission, Set One Admitted is DENIED. Background Plaintiff Franklin Loan Center, Inc. (“Plaintiff”) alleges that in approximately December 2016, Mark Zimet (“Zimet”) sought funding for a loan with Plaintiff for the purchase of a home located at 1908 Dalton Road, Palos Verdes Estates, CA 90274 (“Dalton Property”). Plaintiff alleges that Plaintiff's employee, Defendant Kathleen Marina Barbata (...

Excerpt: ...arrey Road, Walnut, California 91789. On November 19, 2018, Plaintiff Sang Chai, as Trustee of the Chai Family Trust Est. May 18, 1991 (“Plaintiff”) filed a complaint for Unlawful Detainer against Defendant Ever Orient Inc. (“Defendant”) and Does 1-10. On January 31, 2019, the court granted Plaintiff's ex parte application for an order to serve summons and complaint on Defendant by posting and mailing. On February 15, 2019, Plaintiff file...

Excerpt: ...ANCTIONS <004c004400030025004400 5100470044[ Tentative Ruling Defendant Food 4 Less of California, Inc. dba Food 4 Less' Motion for Terminating Sanctions to Dismiss or in the Alternative Issue Evidence Sanctions Against Plaintiff for Failure to Obey the Court Order to Provide Verified Responses or Submit Payment of Monetary Sanctions is DENIED. The court declines to impose monetary sanctions. Background Plaintiff Gloria Banda (“Plaintiff”) al...

Excerpt: ... (“Su”) and Mark Bastorous (“Bastorous”) invited Plaintiff to invest $250,000.00 into two business entities, South Gate PS, LLC (“South Gate”) and SoCal Food Enterprises, LLC (“SoCal Food”), which entities would each operate one restaurant business. Prior to investing into the business, Su and Bastorous represented to Plaintiff that (1) the initial capital would be approximately $1.6 million for each entity, (2) Meiguo Investment ...

Excerpt: ...00480003002b00 004400030026004c0057[rus Valley Health Partners Inc. Tentative Ruling Plaintiff Citrus Obstetrics & Gynecology Medical Associates, Inc.'s Motion to Compel Defendant Citrus Valley Health Partners, Inc.'s Further Responses to First Set [of] Requests for Production of Documents is DENIED. Sanctions are awarded in favor of Defendant and against Plaintiff in the reduced amount of $1,640.00 and are payable within 30 days of the hearing. ...

Excerpt: ...e Ruling Plaintiffs Magaly Lopez's and Austin Lopez's, a minor by and through his Guardian ad Litem, Magaly Lopez Motion for Order Permitting Plaintiffs to File First Amended Complaint is GRANTED. Background Plaintiffs Magaly Lopez (“Magaly”), Austin Lopez, a minor by and through his Guardian ad Litem, Magaly Lopez (“Austin”) and Eder Lopez (“Eder”) (collectively, “Plaintiffs”) contend that defendants failed to diagnose and treat ...

Excerpt: ...005700480003002b00 004400030026004c0057[rus Valley Health Partners Inc. Tentative Ruling Plaintiff Citrus Obstetrics & Gynecology Medical Associates, Inc.'s Motion to Compel Defendant Citrus Valley Health Partners, Inc.'s Further Responses to Form Interrogatories and Requests for Admissions is DENIED. Sanctions are awarded in favor of Defendant and against Plaintiff in the reduced amount of $820.00 and are payable within 30 days of the hearing. B...

Excerpt: ...Plaintiff East West Bank (“Plaintiff”) alleges that defendants engaged in a fraudulent check kiting scheme to defraud plaintiff. On July 19, 2018, Plaintiff filed a First Amended Complaint, asserting causes of action against Defendants Nino Jefferson Miave Lim (“Lim”); Island Pacific Supermarkets, Inc.; Island Pacific Chula Vista Inc. (“IP Chula Vista”); Island Pacific National City, Inc.; Island Pacific Oxnard, Inc.; Island Pacific P...

Excerpt: ... SUMMARY ADJUDICATION Responding Party: None (unopposed, as of 8/1/19, 12:28 p.m.; due 8/9/19 [limited to argument re: prejudice (see below).]) Tentative Ruling Defendant U.S. Bank National Association, as Trustee for MASTR Adjustable Rate Mortgages Trust 2007-3 Mortgage Pass-Through Certificates, Series 2007-3 sued herein as U.S. Bank National Association's unopposed Motion for Summary Judgment is GRANTED. Background This is an alleged wrongful ...

Excerpt: ...tiffs, Andres Cruz and Vilma Cruz[2] Tentative Ruling 1. Defendant Lew Bradley Disney, M.D. (Doe 1)'s unopposed Motion for Summary Judgment is GRANTED. 2. Defendant Scott Charles Lederhaus, M.D. (Doe 2)'s unopposed Motion for Summary Judgment is GRANTED. Background This is a medical malpractice lawsuit. On May 7, 2015, Plaintiffs Andres Cruz (“Andres”) and Vilma Cruz (“Vilma”) (collectively, “Plaintiffs”) filed a complaint, asserting ...

Excerpt: ...ood 4 Less' Motion for Protective Order Precluding the Deposition of Defendant's Apex Managerial Employee Sandy Martinez is DENIED. Background Plaintiff Gloria Banda (“Plaintiff”) alleges that she sustained injuries in a January 13, 2017 slip and fall. On May 30, 2017, Plaintiff filed a complaint, asserting causes of action against Defendant Food 4 Less of California, Inc. (“Defendant”) and Does 1-50 for: 1. Negligence 2. Premises Liabili...

Excerpt: ...(unopposed, as of 8/12/19, 9:21 a.m.) Tentative Ruling Defendants Smart & Final Stores, LLC's, Carlos Fernandez's, and Penske Truck Leasing Co., L.P.'s Motion for Determination of Good Faith Settlement is GRANTED. Background Case No. BC662018 Plaintiff Rudy Anthony Palomares (“Plaintiff”) alleges that he sustained injuries in an April 2, 2016 motor vehicle collision. On May 18, 2017, Plaintiff filed a complaint, asserting causes of action aga...

Excerpt: ... Plaintiff East West Bank's MOTION TO COMPEL ATTENDANCE OF PERSON(S) MOST KNOWLEDGEABLE AT DEPOSITION OF ISLAND PACIFIC CHULA VISTA, INC. AND FOR TERMINATING SANCTIONS Responding Party: None (unopposed, as of 8/12/19, 11:58 a.m.; due 7/31/19) Tentative Ruling See below. Background Plaintiff East West Bank (“Plaintiff”) alleges that defendants engaged in a fraudulent check kiting scheme to defraud plaintiff. On July 19, 2018, Plaintiff filed a...

Excerpt: ...s National Bank's Motion for Order Vacating Dismissal and Entering Judgment against Defendant Pursuant to CCP § 664.6 is GRANTED. Background Plaintiff American Express National Bank fka American Express Centurion Bank (“Plaintiff”) alleges that Edgar Rivas (“Rivas”) has failed to make payments on his credit card balance. On July 2, 2018, Plaintiff filed a complaint, asserting causes of action against Rivas and Does 1-20 for: 1. Common Co...

Excerpt: ...MOTION TO STRIKE PORTIONS OF PLAINTIFF CATANO ENTERPRISES, INC.'s FIRST AMENDED COMPLAINT Responding Party: Plaintiff, Catano Enterprises, Inc. Tentative Ruling 1. Defendant Mercury Casualty Company's Demurrer to Catano Enterprises, Inc.'s First Amended Complaint is SUSTAINED with leave in part (i.e., as to the first and second causes of action) and OVERRULED in part (i.e., as to the third cause of action). 2. Defendant Mercury Casualty Company's...