Excerpt: ...uling: (1) An arbitration agreement between the parties exists. (2) The arbitration agreement is not unconscionable. (3) The arbitration agreement contains a poison pill which prevents its enforcement. I. BACKGROUND A. Factual ¿ On June 9, 2023, Plaintiff, Arlene Parra, individually, and on behalf of aggrieved employees pursuant to the California Private Attorneys General Act (“Plaintiff”) filed a Complaint against Defendant, Marksman Securi...

Excerpt: ...ejection of Application to File Late Government Claim Tentative Rulings: (1) Plaintiffs' Motion for Judicial Relief from Rejection of Application to File Late Government Claim is GRANTED. ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On December 6, 2022, Plaintiffs, Mahshid A. Malekzadeh and Reza Malekzadeh (Collectively “Plaintiffs”) filed a Complaint against Defendants, Lightfoot & Sons Plastering, Inc., Douglas Lee Lightfoot; and...

Excerpt: ...tiff, Wilfredo Cardenas filed a Complaint against Defendant, 11551 — 11652 York Avenue, LLC, and DOES 1 through 20. The Complaint alleges causes of achon for: (1) Breac of Contract; (2) Breach of the Implied Warranty of Habitability/Tenantability; (3) Breach of the Implied Warrant of Quiet Enjoyment; (4) Negligence; (5) Nuisance; and (6) Retaliatory Acts (Violation of California Civil Code S 1942.5. Defendant now seeks to quash Service of Summo...

Excerpt: ...r Monetary Sanctions of $11,568.40 (2) Plaintiff's Motion for Terminating, Issue, and Evidence Sanctions against Southwest Airlines Co. RE: Inspection Demands; Requests for Monetary Sanctions of $16,568.40 Tentative Rulings: (1) Plaintiff's Motion for Terminating and Issue Sanctions against Southwest regarding interrogatory responses is Denied. The Court instead is issuing orders for further discovery responses and denying the cross- requests for...

Excerpt: ...er Monetary Sanctions (2) Trial Setting Conference Tentative Rulings: (1) Unless Plaintiff presents proof before or at the hearing that the promised verified written responses and production of documents have been delivered to defense counsel, the Court will impose an issue preclusion sanction barring Plaintiffs from using at trial any photographs, receipts, Health Department reports, pest control records, or written communications from Plaintiff...

Excerpt: ...Summary Judgment, or in the alternative, Summary Adjudication (2) Hagen's Motion for Summary Judgment, or in the alternative, Summary Adjudication Tentative Rulings: (1) and (2) Discuss. The Court has outlined below issues for discussion at the oral argument as to both of the motions. On the TORC motion, the Court will take argument on whether the remain triable issues bearing on exceptions to the Privette Doctrine. I. BACKGROUND¿¿ ¿¿ A. Fact...

Excerpt: ...djudication ¿ Tentative Rulings: (1) DENIED I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On September 10, 2021, plaintiff Tony Talbert filed a complaint against Defendants, Marina Adams, DDA, a Professional Dental Corporation dba New Image Dental; Marina Adams, DDC, Jay Layson, DDS, Rachal Liverman, DDS, Ahmed Mataria, DDS, and DOES 1 through 30. On March 23, 2022, Plaintiff filed a First Amended Complaint (“FAC”) for: (1) dental malpractice, (2) l...

Excerpt: ...UNG A. Factual Plaintiff Ulysses A. Rivas (“Plaintiff”) seeks final approval of the proposed $105,000 class action settlement. Plaintiff notes the class members were given notice on May 26, 2023 by U.S. mail. The deadline for responding to the Class Notice expired on July 25, 2023, and to date, there have been no objections to the settlement. Plaintiff further notes there have been no opt outs. B. Procedural On August 10, 2023, Plaintiff file...

Excerpt: ...ith conditions I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On August 28, 2020, Plaintiff, Earl Brown and Shonte Powers (collectively “Plaintiffs”) filed a Complaint against Mercedes-Benz USA, LLC, and DOES 1 through 10. The Complaint alleges causes of action for: (1) Statutory Violation of California Civil Code section 1793.2(d)—Failure to Repurchase/Replace; (2) Statutory Violation of California Civil Code section 1794(b)—Failure ...

Excerpt: ...J hearing, and the trial, should be continued to allow full depositions of the experts rather than the narrow ambit of a St. Mary Deposition ¿ Plaintiff brought this ex parte application to compel the deposition of Toyota's expert Elizabeth Raphael. The case is set for jury trial on November 20, 2023 and Toyota has a pending motion for summary judgment scheduled to be heard on September 21, 2023, a month before the motion cut-off date but after ...

Excerpt: ... The Court will take oral argument as to how a case Ford's counsel has sworn under penalty of perjury to have been settled in the Fall of 2022 did not resolve until late Spring of 2023 with a substantial increase in the amount now sought for attorneys fees ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On June 9, 2022, Plaintiff, Ivan Villarreal (“Plaintiff”) filed a “Lemon Law” Complaint against Defendant, Ford Motor Company, and DOES 1 thr...

Excerpt: ... (1) Defendants' Demurrer is SUSTAINED as to the fraud cause of action, with leave to amend (2) Motion to Strike is MOOTED ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On January 5, 2022, Plaintiff, HMCN Properties, LLC filed a Complaint against Defendants, JBJ Business Center, LLC, South Bay Property Management & Sales, Inc., Tim Kelley, and DOES 1 through 10. On November 16, 2022, Plaintiff filed a First Amended Complaint. On May 18, 2023, Pla...

Excerpt: ...of 2023 and a possible case management order to modify the usual time periods under the Discovery Act including the time for demand and exchange of experts. The Court will continue the trial into 2024 on proof in a later motion that she is not making herself available for deposition or IME I. BACKGROUND¿¿ A. Factual¿¿ ¿ On December 21, 2022, Plaintiff, Shirley Ogle (“Plaintiff”) filed a Complaint against Defendant, Wo Choi (“Defendant�...

Excerpt: ...tative Rulings: (1) Motion for Order to Compel Further Responses to Plaintiff's Requests for Production of Documents, Set One I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On November 5, 2023, Plaintiff, DSG International, LLC (“Plaintiff”) filed a Complaint against Defendant, General Motors, LLC, and DOES 1 through 50. The Complaint alleges causes of action for: (1) Violation of Civil Code Section 1793.2 (d); (2) Violation of Civil Code...

Excerpt: ...ttachment ¿¿ Tentative Rulings: (1) GRANTED, assuming the defense has no objection to the $95,000 figure. I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On July 22, 2022, Plaintiff, S.F.I. Ltd., L.P. d/b/a Figueroa Business Center (“Plaintiff”) filed a Complaint against Defendants Exulaser, Inc. and Martin Diego Garcia, and DOES 1 through 20. The Complaint alleges causes of action for: (1) Breach of Written Contract; and (2) Common Coun...

Excerpt: ...�¿ ¿¿ A. Factual¿¿ ¿¿ On February 3, 2023, Plaintiff, Alejandro Chavez (“Plaintiff”) filed a Complaint against Defendants, American Honda Motor Co., Inc, and DOES 1 through 10. The Complaint alleges causes of action for: (1) Violation of Song-Beverly Act – Breach of Express Warranty; and (2) Fraudulent Inducement – Concealment. The Complaint is based on a September 29, 2022 purchase by Plaintiff of a 2021Honda Accord with correspon...

Excerpt: ...(1) GRANTED with 20 days leave to amend. I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On May 26, 2023, Plaintiff, Lambe B. Papoulias (“Plaintiff”) filed a Complaint against Defendants, Volkswagen Group of America, Inc. and County-Wide Rambler, Inc. dba Volkswagen of Garden Grove, and DOES 1 through 10. The Complaint alleges causes of action for: (1) Violation of Song-Beverly Act – Breach of Express Warranty; (2) Violation of Song-Beverly Act ...

Excerpt: ...g date of the daughter of one of trial counsel, such as late April of early May 2023. Permit Matrix to bring its MSJ to be scheduled off that continued trial date ¿¿ Matrix' ex parte application to continue the trial was initially heard on August 4, 2023. At that time, the Court indicated its intention to continue the trial, but to enable interested parties to submit declarations or briefs bearing on two issues: when the new trial date should b...

Excerpt: ...ttorneys' Fees is GRANTED. The Code Enforcement letter from the City does not change the Court's previous tentative ruling. (2) The Plaintiffs' Motion to tax the expert witness “costs” is GRANTED as the Court finds the Section 998 Offer to be unreasonable in the global view of the context of this litigation at the time the offer was made. ¿¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On June 27, 2023, this Court entered Judgment in Defendant,...

Excerpt: ...ability or eat or drink without difficulty. ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On April 3, 2023, Plaintiff, Brian Whitaker (“Plaintiff”) filed a Complaint against Defendant, Allynn 2 Inc., and DOES 1 through 50. The Complaint alleges the following causes of action: (1) Violation of the Unruh Civil Rights Act; and (2) Violation of the California Disabled Persons Act. The Complaint is based on the fact that Allynn 2 Inc. owned “The Bake...

Excerpt: ... A. Factual¿¿ ¿ On April 28, 2023, Plaintiffs, Juan Lemus and Charmain Agravante-Lemus filed a Complaint against Defendants, Robin Taporco, Jerelyn Taporco, and DOES 1 through 100. The Complaint alleges causes of action for: (1) Breach of Oral Contract; (2) Negligent Misrepresentation; and (3) Fraudulent Misrepresentation. On June 7, 2023, Defendants brought a Cross-Complaint against Plaintiffs, alleging causes of action for: (1) Breach of Ora...

Excerpt: ...l entertain oral argument as to whether venue would be more appropriate in Fresno County, Plaintiffs' residence, than Los Angeles County, and whether the balance of public and private interests would change were other parties such as those with Nevada domiciles or principal places of business were added as defendants ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On June 5, 2023, Plaintiffs, Michael Boggs and Christina Cohan (collectively “Plaintiffs...

Excerpt: ...ri & Algorri, LLP in the amount of $7,500. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On June 1, 2022, Plaintiff, Voyager Indemnity Insurance Company (“Plaintiff”) filed this action against Defendants, Smiley Sean and Ramsey Sean as surviving heirs of Mark S. Sean, deceased (collectively “Defendants”). On July 20, 2022, Plaintiff filed a First Amended Complaint (“FAC”) alleging a cause of action for Declaratory Relief. This action ...

Excerpt: ...ESPONDING PARTY: Defendants, Jay H. Zimmerman and Thomas B. Zimmerman ¿¿¿ TRIAL DATE: March 18, 2024 ¿¿¿ MOTION:¿ (1) Motion to Compel Further Responses and to Compel Defendant, Jay H. Zimmerman's Production of Documents to Requests for Production, Set One (2) Request for Sanctions Tentative Rulings: (1) ARGUE (2) DEFER ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On April 11, 2022, plaintiff David R. Zimmerman, in his indi...

Excerpt: ...berto Munoz ¿¿ TRIAL DATE: None set.¿ ¿¿ MOTION:¿ (1) Demurrer¿ (2) Motion to Strike ¿ Tentative Rulings: (1) Defendants' Demurrer is SUSTAINED (2) Motion to Strike is MOOTED ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On April 3, 2023, Plaintiffs, Graciela Munoz and Roberto Munoz (collectively, “Plaintiffs”) filed a Complaint against Defendants, Easton Dowe Jones, as an individual and trustee of the Easton and Hana Jones Family Tru...