Excerpt: ...ENIED as to Defendant Global United Solutions, Inc. The corporation has not validly appeared in this case because the Answer filed on behalf of the individual and the corporation was submitted and signed exclusively by Mr. Silva in per, but corporations are required to be represented by counsel in order to lawfully appear in California courts. Therefore, the corporation was not properly sewed by mail With the RFAs since there is no lawful appeara...

Excerpt: ...eave to Amend as to four of the five causes of action, without leave to amend as to the fifth (2) Defendants Motion to Strike Plaintiffs Complaint is mooted On November 1, 2022, Plaintiff, Mauricio E. Valencia ("Plaintiff') filed a Complaint agamst Defendants, Bank of America N.A., Ruben Curhuamaca, and Sogla and Associates, Inc.. The Complaint alleges causes of action for: (1) Fraud; (2) Money Wire Fraud; (3) Breach of Fiduciary Duties; (4) Negl...

Excerpt: ... Contempt (1) Granted. The Court Sets a Hearing in 30 days on the Order to Show Cause re Contempt, with the intention of giving Mr. Duncan the intewening four weeks to prepare and submit the Court-ordered Concept Plan for removal of the encroachments as a fact in mitigation of what appears to be a conscious and deliberate disregard for a lawful order of the Court Waiting for Mom to pass away is nota sufficient excuse for further delay in addressi...

Excerpt: ...TRIAL DATE: February 26, 2024 ¿¿ MOTION:¿ (1) Plaintiff's Special Motion to Strike Defendant, Chi Hsin Impex, Inc.'s Cross- Complaint (2) Plaintiff's Special Motion to Strike Defendant Big 5 Corp's Original Cross- Complaint ¿ Tentative Rulings: (1) The anti-SLAPP motion as to Chi Hsin Impex is denied. ¿ (2) The anti-SLAPP motion as to Big 5 is mooted by Big 5's filing of its First Amended Cross-Complaint before the anti-SLAPP motion was file...

Excerpt: ...� Plaintiff filed his original Complaint on February 18, 2022 and listed Dasho II, LLC as a Defendant and a subject property located at 8525 S Sepulveda Blvd., Los Angeles, CA 90045. Defendants Susana Kechedzian and Trendsetters Plus Inc. have no relation to Dasho II, LLC or to the aforementioned subject property. Defendants assert that this confusion began as a result of this mistake made by the Plaintiff himself. Plaintiff has since filed a Fir...

Excerpt: ...Second Alleged Causes of Action without leave to amend. As to the Third Cause of Action, the Court will consider one final attempt to amend as discussed below. The Court strongly encourages the parties and especially counsel to consider a refund- based settlement before engaging in another round of pleading motions. The Court is mindful that depositions are scheduled to occur the day after this hearing and the Court is NOT inclined to consider fu...

Excerpt: ... individually ¿¿ TRIAL DATE: August 22, 2023 ¿¿ MOTION:¿ (1) Motion to Quash ¿ Tentative Rulings: (1) Grant, but if defense counsel will not agree to accept service on Mr. Rechnitz' behalf, the Court will consider a motion to serve by publication in light of plaintiff's reasonably diligent efforts to effect service at multiple addresses they found for him ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On February 22, 2022, Plaintiff Barba...

Excerpt: ...parte application to continue the MSJ hearing again, which the Court will entertain before oral argument on this Tentative Ruling I. BACKGROUND¿¿ A. Factual¿¿ ¿ Plaintiff Erin Hughes (“Plaintiff”) is the owner of property located at 2145 Rambla Pacifico in Malibu, California 90265 (the “Property”). Since the Property is in a brush fire zone, Plaintiff's only option for fire insurance was to purchase it from California Fair Plan (“C...

Excerpt: ...Granted, as detailed below. Responsive documents and a verified further response to be provided by March 31, 2023 ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual Plaintiff served Defendant with Requests for Production, Set Three. This discovery motion consisted of one request, Request No. 111, which requested: Please IDENTIFY and produce all DOCUMENTS submitted by YOU (Hyundai Motor America/HMA) to the National Highway Transportation [sic] Safety Admi...

Excerpt: ...ACKGROUND¿ A. Factual¿ ¿¿ Plaintiff Rafael Torres filed First Amended Complaint (“FAC”) against defendants Technion Contractors TCI, Inc. (“Technion”), Suttles Plumbing, Inc. (“Suttles”), and Does 1 through 50, alleging one cause of action for negligence. The FAC alleges the following: defendants developed, built, or otherwise controlled Paseo Del Rey Elementary School at 7751 Paseo Del Rey, Playa Del Rey, CA 90293 (the “Propert...

Excerpt: ...Factual¿¿ On October 24, 2022, Plaintiffs James Soroka and Lisa Soroka (collectively “Plaintiffs”) filed this complaint against Defendant, Bank of America, N.A. (“Defendant”). The complaint alleges causes of action for: (1) Violation of Civil Code § 2923.5; (2) Violation of Civil Code § 2924(a)(1); (3) Violation of Civil Code § 2923.6(c); (4) Violation of Civil Code § 2923.7; (5) Violation of Civil Code § 2924.9; (6) Violation of C...

Excerpt: ...intiff's verified Complaint ¶21 asserts an oral agreement by PPF to refrain from any foreclosure sale “until such time as the title issue was resolved either by court action or by the parties.” Were PPF to provide a declaration and/or exhibits bearing on whether there was any such agreement, and were plaintiff given fair opportunity to respond, the Court would then be in a better position to evaluate the likelihood of success on the merits a...

Excerpt: ...� A. Factual¿¿ ¿¿ This is a lemon law action brought by Plaintiff, Maximo Marrufo (“Plaintiff”) against Defendant, Nissan North America, Inc. (“Nissan”), and DOES 1 through 10. The case arises out of Plaintiff's purchase of a 2019 Nissan Leaf (“Subject Vehicle”) from Gardena Nissan in Gardena, California. Plaintiff alleges that Nissan breached its warranty obligations as set forth in the “2019 Leaf Warranty Information Booklet�...

Excerpt: ...fter which the duty to file a release of the mechanics lien and the dismissal of all parties including Reg8Plaza would be triggered. The evidence before the Court is that the settlement payments were not made, a condition precedent to dismissing Reg8 and to releasing the mechanics lien. Given the withdrawal of BMI's motion to enforce, and its CMC statement indicating that the settlement had cratered, the Court will hear from Reg8 as to whether ev...

Excerpt: ...22 (2) Request for Monetary Sanctions ¿ ¿ Tentative Rulings: (1) GRANTED. Moving party to discuss at the hearing which calls of the SDT remain outstanding so a suitable order can be crafted (2) Denied without prejudice ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On May 24, 2017, Plaintiff Donald Green (“Plaintiff”) was working on a stand-up forklift at his place of employment at Lithographix, Inc. (“Lithographix”) when he al...

Excerpt: ...tative Rulings: (1) SUSTAINED with 20 days leave to amend. (2) The Motion to Strike is mooted by the Court's ruling on the Demurrer ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ Plaintiff filed the Complaint on September 22, 2021. The First Amended Complaint was filed on December 20, 2021. On May 31, 2022, the Court sustained a demurrer to Plaintiff's First Amended Complaint with leave to amend. On May 31, 2022, Plaintiff filed a Second Amended C...

Excerpt: ...MSA are raised as to whether Bruce and Terry Huff and Dominic Rouzaud were LuAnn Development's “employees” or “independent contractors” per jury instruction CACI 3704 and/or 3706, whether the Huff's work on the remodel project did or did not require a contractor's license, and whether LuAnn Development was or was not “required” to maintain unemployment insurance given the manner in which workers were utilized on the project. I. BACKGR...

Excerpt: ...rer is overruled in part, and sustained in part (2) Granted ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On October 19, 2022, Plaintiffs filed their First Amended Complaint (“FAC”) against South Bay Center SPE, LLC, QIC Properties US, Inc, QIC US Management, Inc, CBRE, Inc, CBRE Group, Inc, L Catterton Real Estate, and DOES 1 through 20. Plaintiffs allege the following causes of action: (1) Breach of Written Contract; (2) Breach of Implied Cov...

Excerpt: ...ruled in part, sustained in part (2) Defendant's Motion to Strike is granted in part, denied in part A more detailed tentative ruling will be issued in advance of the February 28, 2023 hearing once the CBRE motions are fully briefed. On the Court's own motion, the hearings on the SBC Defendants' demurrer and motion to strike are continued to February 28. ¿ At the outset, the Court notes that different defendants have different demurrers to the s...

Excerpt: ...o the Court will refrain from detailing here its overview of the parties' familiarity with each other and the Court's perspective on disability access cases involving high-frequency litigants. A. Factual¿ ¿¿ On December 29, 2022, Plaintiff filed a Second Amended Complaint (“SAC”) against Manhattan Place, Inc. (“Defendant”), and DOES 1 through 10 for violations of the Unruh Civil Rights Act. Defendant is alleged to be the owner of a sho...

Excerpt: ... 2019, Plaintiff filed this action against Defendants. Plaintiff's action is a products liability case in which he alleges he suffered a traumatic brain injury resulting in loss of income and permanent loss of earning capacity. In response to Form Interrogatories, Plaintiff disclosed the identity of Larry Pitkin (“Mr. Pitkin”) as a witness who will support his loss of income claim. Nautilus, Inc. (“Defendant') personally served Mr. Pitkin a...

Excerpt: ...er leave to amend should be given as to the contract claim (2) Defendant's Motion to Strike is mooted by the sustaining of the Demurrer ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On August 12, 2021, Plaintiffs filed their Complaint. Plaintiffs allege the following facts. Plaintiffs and Defendant entered into a settlement agreement in Case No. YC072026. Defendant breached the settlement agreement. On July 5, 2022, Plaintiffs filed a First Am...

Excerpt: ...� TRIAL DATE: Not Set; CMC on 4/20/23 ¿¿ MOTION:¿ (1) Demurrer¿ Tentative Rulings: (1) Sustained with 20 days leave to amend ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On October 10, 2022, Plaintiffs, Tracie Love and E.B.J.T Enterprise, LLC (collectively, “Plaintiffs”) filed a complaint against Jerome L. Dodson, as Trustee of the Jerome L. Dodson Trust of 2012; Asset Default Management, Inc, Lil'Wave Financial, Inc., dba Superior Lo...

Excerpt: ...ive Rulings: (1) Motion to Compel in-person Deposition is GRANTED, for a date to be discussed during the hearing. The deposition will occur after 2/28/23. (2) Monetary sanctions are DENIED I. BACKGROUND¿ ¿ A. Factual¿ Plaintiff Doe filed this action against Defendants Innovative Fertility Center, Mark J. Rispler (collectively “Defendants”), and Does 1-50 on September 9, 2021. On November 15, 2021, Plaintiff filed a First Amended Complaint ...

Excerpt: ...CKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On July 5, 2022, Plaintiff, Ellen Rudolph (“Plaintiff”) filed a complaint against Defendant, General Motors, and DOES 1 through 10. On October 24, 2022, Plaintiff filed a First Amended Complaint (“FAC”). The FAC alleges causes of action for: (1) Violation of Civil Code section 1793.2(d); (2) Violation of Civil Code section 1793.2(b); (3) Violation of Civil Code section 1793.2(a)(3); (4) Breach of The Im...