Excerpt: ... ARGUED. While the Court is constrained by Felisilda, the evidence submitted by Plaintiff suggests that FCA might be estopped from asserting entitlement to arbitrate if FCA declined to establish or continue giving California customers the option to arbitrate lemon claims (2) Mooted if the Court grants the arbitration motion ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ This is a lemon law action brought by Plaintiff, Melanie (“Plaintiff”) aga...

Excerpt: ...bey Court's Order Dated July 15, 2022. (2) Defense request for continuance pending resolution of arithmetic errors in the sanctison amount ¿ TENTATIVE RULINGS: (1) The Writ of Execution is GRANTED. Plaintiff's Motion for further monetary sanctions against Defendants is denied without prejudice to it being re-filed once collection of the sanctions has been achieved, since those efforts may involve additional attorneys' fees which may well be awar...

Excerpt: ...laintiff Iisha Byas' mother, Ceylon Byas, was an employee of Defendant Property Management Associates, Inc. as an onsite property manager. The property was owned by Defendant Three Rainbows, LLC. Ceylon Byas was allegedly physically attacked by Defendant Sarah Bruce, a tenant at the property. As a result of this attack, Ceylon Byas died. On March 29, 2022, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action for: (1) Ne...

Excerpt: ...lity Company; Mohammad Abdelnaser, R.N., an individual; and DOES 1 through 20 ¿¿ TRIAL DATE: June 5, 2023 ¿ ¿¿ MOTION:¿ (1) Motion to Compel Defendant Prime Healthcare Centinela, LLC to Comply with Plaintiff's Demand for Inspection of Real Property (2) Monetary sanctions ¿ Tentative Rulings: (1) GRANTED in part, with time, place, and manner restrictions as detailed below (2) Monetary sanctions are denied. The was substantial justification ...

Excerpt: ...or Attorneys' Fees and Costs Tentative Rulings: (1) GRANTED, and because of the Trope issue the Court awards 50% of the requested $33,253 or $16,626.50 in attorneys' fees to the non‐attorney defendants as an equitable allocation between the attorney co‐defendants and the non‐attorney co‐defendants who prevailed on the anti‐SLAPP motion. $344.05 in costs are awarded as well. I. BACKGROUND¿ ¿ Plaintiff Garry Cassidy, individually and do...

Excerpt: ... of Request for The Production of Documents (2) Motion to Compel Defendant to Respond to Set One of Special Interrogatories (3) Monetary sanction for each motion ¿ ¿ Tentative Rulings: (1) Motion to Compel Defendant to Respond to Set One of Request for The Production of Documents is GRANTED. (2) Motion to Compel Defendant to Respond to Set One of Special Interrogatories is GRANTED. Defendant to provide verified answers to the interrogatories wi...

Excerpt: ...hearing date specified on its cover page ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ 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. Upon discovery that Dasho II was not the true owner of the subject property, Plaintiff filed a First Amended Complaint on June 14, 2022. The FAC removed Dasho II, LLC and added the c...

Excerpt: .... BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ This action involves a self-represented defendant who has filed no documents in this case other than his Answer over a year ago. Plaintiffs are investors in various businesses established by Defendant, Michael Ball (“Defendant”) memorialized in written contracts, wherein Defendant is appointed manager of the investments upon an agreement to provide Plaintiffs with unfettered access to the Busi...

Excerpt: ...ve Ruling: (1) ARGUE ¿¿ ¿ 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 arises out of an auto ...

Excerpt: ...ave to amend as to the statutory claim ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On October 11, 2022, Plaintiff, Elbashier M. Kheir (“Plaintiff”) filed this action against Defendants, Bon Hoa Patrice, Wells Fargo, Eric Doe, and DOES 1 through 10. The Complaint alleges cases of action for: (1) Breach of a Written Contract; (2) Unlawful Conversion; (3) Money Had & Received; (4) Theft by False Pretense; (5) Money Laundering; (6) Negligenc...

Excerpt: ...'s counsel as to whether any further amendment could be made given this second demurrer after the demurrer to the original complaint was sustained as to some of the same causes of action ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On October 1, 2021, Plaintiff filed this action. On October 11, 2022, Plaintiff filed an First Amended Complaint (“FAC”) against Defendants, Sophie Adams aka Sophia Adams, Sofie Adams, Sophie Psychic Services d...

Excerpt: ...sts ¿ Tentative Rulings: (1) Plaintiff's Motion for Attorney's Fees and Costs is GRANTED in the amount of $19,750. (2) Defendants' Motion to Tax Costs is GRANTED in part, but the largest amount claimed for the plaintiff's court reporter in an audio recorded limited jurisdiction trial needs to be ARGUED ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On October 5, 2022, the Court signed and entered judgment in favor of Plaintiff, with a written ...

Excerpt: ...l Plaintiff, Avakian Engineering, Inc.'s and Marine Gasparian's Further Verified Responses to Requests for Production of Documents, Set One; Requests for Monetary Sanctions (2) Motion to Compel Plaintiff, Marine Gasparian's Further Verified Responses to Form Interrogatories, Set One; Requests for Monetary Sanctions (3) Motion to Compel Plaintiff Avakian Engineering, Inc.'s Further Verified Responses to Form Interrogatories, Set One; Requests for ...

Excerpt: ...ulings: (1) GRANTED ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On July 23, 2021, Plaintiffs, Omar Shaheed and Ishiaketi Tims (collectively, “Plaintiffs”) filed a complaint against Defendants, Travelodge Hotels, Inc., Wyndham Hotels & Resorts, Inc., Sanjay Patel, and DOES 1 through 20. On December 23, 2021, Plaintiffs filed a first amended complaint. On May 18, 2022, Plaintiff filed a Second Amended Complaint alleging causes of action fo...

Excerpt: ...DING PARTY: Plaintiff, John Doe. ¿ TRIAL DATE: April 29, 2024 ¿ MOTION:¿ (1) Motion for Order Staying the Taking of Dean Dammann's Deposition and Quashing the Deposition Notice (2) Motion for Protective Order Tentative Rulings: (1) DENIED (2) DENIED, but the Court will consider ARGUMENT as to a different character of protective order to accommodate the health and age of the witness, such as taking breaks every 30 minutes, limiting the total du...

Excerpt: ...eave to File Late Claim Tentative Rulings: (1) GRANTED. The June 7, 2023 Order granting Plaintiff relief from the late claim in Case No. 22TRCP00420 is deemed to be not enforceable against City of Hawthorne in this action because they had no Due Process notice and opportunity to be heard as to that application. Accordingly, if Plaintiff seeks relief from the City's denial of the late claim it will need to bring a new application in this action (o...

Excerpt: ...ed on the continued trial date. I. BACKGROUND¿ ¿ A. Factual¿ ¿¿ On May 18, 2021, Plaintiff, MCool dba Indiemodal Trucking (“Plaintiff”) filed a complaint against Lever Logistics, LLC (“Defendant”), and DOES 1 through 10. On September 17, 2021, Plaintiff filed its First Amended Complaint (“FAC”) alleging causes of action for: (1) Breach of Contract; (2) Open Book Account; (3) Account Stated; and (4) Reasonable Value. Defendants al...

Excerpt: ...arch, 2023 at the hearing on this unopposed motion ¿¿ I. BACKGROUND This case is a wrongful death action by Plaintiff Manuela Sahagun, successor in Interest of Manuela Rodriguez (“Plaintiff”) against Defendant Long Beach Unified School District (LBUSD”), and DOES 1 through 10. On November 4, 2022, Plaintiff filed a motion for trial preference pursuant to Code of Civil Procedure section 36 subdivision (b). To date, no opposition has been f...

Excerpt: ... 1045 (2) Motion to Direct the City of Los Alamitos to Produce Documents Relating to Eddie Gonzalez Pursuant to California Evidence Code Sections 1043 and 1045 (3) Further hearing as to the Motion to direct LBUSD to produce the peace officer personnel records Tentative Rulings: (1), (2) ARGUE. The Court will take oral argument as to whether Officer Gonzalez' personnel file from Los Alamitos or Sierra Madre meets the “materiality” standard for...

Excerpt: ...No One Against Defendant 1900 PHC, LLC (2) Motion to Compel Verified Further Responses, Without Objections, to Requests for Production of Documents, Set No. One against Defendant 1900 PHC, LLC (3) Motion to Compel Further Responses, Without Objections, to Form Interrogatories, Set No. One, Against Defendant Roth Management Group, LLC ¿ Tentative Rulings: (1) Motion to Compel Further Responses Without Objections to Form Interrogatories, Set No On...

Excerpt: ...s as to the parties' agreement to 5-year lease as reflected in exchange of emails, Reto's payment of changed rental amount and Weber Way's acceptance of the changed rental amount demonstrating part performance of the new 5-year lease that was memorialized in an exchange of writings between the parties ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On June 15, 2020, Plaintiff, Weber Way LJM, LLC (“Plaintiff”) filed a complaint against Defendant, ...

Excerpt: ...g to Eddie Gonzalez Pursuant to California Evidence Code Sections 1043 and 1045 Tentative Rulings: (1) Grant in Part. The Court will conduct an in camera review with the LBUSD's custodian of records and a court reporter to determine which if any of the requested documents meet the standards for disclosure. The Court requests argument on the timing of the in camera review, whether a representative of the officer can be present, and whether a prote...

Excerpt: ...emurrer is SUSTAINED as to the product liability allegations with leave to amend. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On June 6, 2022, Plaintiff, Romualdo Quintal III, a minor, by his Guardian Ad Litem, Socorro Cisneros (“Plaintiff”) filed a complaint against Defendants, Big 5 Sporting Goods Corporation and Chi Hsin Impex, Inc. for: (1) General Negligence; (2) Products Liability; and (3) Premises Liability. This action is based o...

Excerpt: ...GROUND¿¿ ¿¿ A. Factual¿¿ ¿ On July 15, 2022, Plaintiff, Kyle E. Rapone (“Plaintiff”) filed this case against Defendants, Carmen H. Imaicela, Carmen Imaicela as Trustee of the Carmen H. Imaicela Living Trust, Karen Y. Castillo, David Sarinana, Sarinana, Inc., Trevor Schneeberger, Douglas Elliman of California, Inc., and DOES 1 through 25 alleging causes of action for: (1) Non-Disclosure of Material Facts; (2) Fraud- Intentional Misrepre...

Excerpt: ...for Admission Admitted (2) Request for Sanctions ¿ ¿ Tentative Rulings: (1) Plaintiff's Motions to Compel responses are GRANTED. (2) Plaintiff's Motion to Deem Requests for Admissions as Admitted is GRANTED. (3) Plaintiff's Request for Sanctions is GRANTED in the amount of $1,500. ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On June 21, 2021, Plaintiff, Dyck-O'Neal, Inc. (“Plaintiff”) brought this action against Defendant, E...