Excerpt: ...el Further Responses to Demand for Discovery and Production, Set One (3) Request for Sanctions Tentative Rulings: (1) Plaintiffs' Motion to Compel Further Responses to Form Interrogatories, Set One is MOOTED (2) Plaintiffs' Motion to Compel Further Responses to Demand for Discovery and Production, Set One is GRANTED IN PART AND DENIED IN PART (3) Request for Sanctions is GRANTED for $750, payable within 30 days ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿�...

Excerpt: ...r Letters Rogatory to New Zealand High Court to Issue Subpoena for Helicopter Inspection is GRANTED. California-based counsel and experts ought to have easier access to inspect, test, measure and analyze the damaged parts in California. The Court will inquire of counsel as to steps intended to be taken to secure the components and ensure access in the US to all parties. (2) Defendants Robinson Helicopter Company's and Weldon Pump, LLC's Motion to...

Excerpt: ...Respond to Requests for Production, Set One (2) Motion to Compel Plaintiff to Respond to Form Interrogatories, Set One, and Special Interrogatories, Set One ¿¿ ¿ Tentative Rulings: (1) Motion to Compel RFPs is GRANTED. Monetary sanctions awarded as well, payable by Plaintiff's counsel to defense counsel within 30 days. (2) Motion to Compel SROGs and FROGs is GRANTED. Ditto for the monetary sanctions. ¿¿¿ I. BACKGROUND¿¿¿¿ ¿¿¿¿ A. Fa...

Excerpt: ...e Rulings: (1) CONTINUE hearing on Motion for Contempt (2) Trial date is vacated pending Motion by Plaintiffs' counsel to Withdraw or Proof that Plaintiffs have re-established contact with their counsel of record 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...

Excerpt: ... is OVERRULED. Defendant's Answer is due withing 20 days to the three remaining causes of action, absent stipulation of the parties otherwise (2) Motion to Strike is GRANTED as to the third, fourth, sixth through ninth causes action and as to the addition of a new named party not named as a Doe defendant without having obtained prior leave of court of stipulation of opposing counsel. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On March 1, 2021,...

Excerpt: ... 13, 2024 ¿¿ MOTION:¿ Motion for Terminating Sanctions ¿ Tentative Rulings: (1) Motion for Terminating Sanctions is CONTINUED to October 12, 2023, at 8:30 a.m. in Dept. 8. The Court orders defense counsel to serve Plaintiff with Notice of this tentative ruling, with its WARNING TO PLAINTIFF that the Court will dismiss the lawsuit as a sanction for his failure to comply with the July 12, 2023 order of this Court that Plaintiff provide verified...

Excerpt: ...¿¿ ¿¿ A. Factual¿¿ On December 13, 2022, Plaintiff David A. Ortiz (“Plaintiff”) filed this action against Defendant General Motors LLC (“Defendant”) and Does 1 to 10. This action arises out of Plaintiff's purchase of a 2018 Cadillac CTS-V with an express written warranty from Defendant. B. ¿ Procedural On March 8, 2023, Plaintiff filed its first amended complaint, alleging causes of action for: (1) Violation of Song Beverly Act—B...

Excerpt: ... unexcused failure to comply with a Court order compelling discovery, including his failure to appear for and attend his deposition as ordered July 5, 2023 (2) Plaintiffs' Motion for Order of Contempt is Denied in light of the Court's granting of the other motion, but without prejudice to being renewed depending on future developments. ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ This action involves a self-represented defendant, ...

Excerpt: ...onses to Requests for Production of Documents, Set One is GRANTED (2) Request for Sanctions is GRANTED in the lowered amount of $1,000, payable within 30 days I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On August 2, 2023, Plaintiff, Evelyn J. Ko (“Plaintiff”) filed a Complaint for unlawful detainer against Luke Koster Visser, et al. Defendant, Luke Visser, notes that on August 14, 2023, he propounded discovery to Plaintiff, and that th...

Excerpt: ...rman Scandrick ¿¿ TRIAL DATE: None Set. ¿¿ MOTION:¿ (1) Demurrer¿ (2) Motion to Strike ¿ Tentative Rulings: (1) Defendant's Demurrer is Continued (2) Defendant's Motion to Strike is continued. ¿I. CONTINUANCE DISCUSSION As a preliminary matter, Defendants have violated California Rule of Court 3.1113 (d). “Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages.” (CRC 3.1113...

Excerpt: ...s Motion to Strike is denied ¿¿ The Court has previously overruled the demurrer and denied the motion to strike as to the Second Cause of Action from the second amended complaint. While there are new allegations the Third Amended Complaint (TAC) added to the second cause of action, those new allegations do not create pleading defects subject to demurrer or motion to strike. As to the first cause of action for breach of contract, paragraph 9 of ...

Excerpt: ...e second cause of action. Leave to amend to be discussed I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On December 22, 2023, Plaintiff, Ingrid Majorie Lockwood (“Plaintiff”), filed a Complaint against Defendants, City of Gardena, GTrans, LLC, and DOES 1 through 50. On March 20, 2023, Plaintiff filed a First Amended Complaint. After the Court sustained the City's Demurrer to the original Complaint, on July 17, 2023, Plaintiff filed a Second Amended...

Excerpt: ...urt requests oral argument as to any precedents regarding a triable issue of fact arising from the length of time an employer delays in disciplining an employee for on the job misconduct, or the effect of a claimed inadequate investigation before the employer discipline the employee who is alleged to have engaged in the misconduct. Further, the Court seek argument or further briefing as to the effect of a law enforcement refusal to provide inform...

Excerpt: ...g exhibits from the declaration ISO the motion ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ This action for breach of contract, negligence, trespass and nuisance was field by Mahmoud Awad against Legion Builders, Inc. and Oscar Davila. The suit essentially alleged unpaid rent arising from a commercial landlord-tenant relationship. No unlawful detainer action was filed because Defendants allegedly vacated, but the amount of unpaid rent....

Excerpt: ...Judgment, or in the alternative, Summary Adjudication is GRANTED. I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On September 25, 2020, Vatche Cabayan (“Plaintiff”) filed a complaint against Petri Entertainment, LLC and Warner Davis (collectively “Defendants” for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, and (3) declaratory relief. On December 22, 2020, plaintiff filed a FAC for (1) breach of contr...

Excerpt: ... within 20 days (2) Defendant's Motion to Strike is DENIED I. BACKGROUND¿ ¿ A. Factual¿ ¿¿ On January 17, 2023, Sandra Esqueda (“Plaintiff”) filed a complaint against General Motors LLC (“GM”), and DOES 1 through 10. On May 2, 2023, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action for: (1) Violation of Song-Beverly Act – Breach of Express Warranty; (2) Violation of Song-Beverly Act – Breach of Impli...

Excerpt: ... Further Monetary Sanctions (2) Trial Setting Conference (3) Settlement Conference Scheduling Tentative Rulings: (1) Motion for Terminating and Evidence Sanctions is denied, but Grant $1,00 in further monetary sanctions in addition to the $1,420 past due amount. (2) The Court will discuss its trial calendar with counsel and attempt to find a suitable date in the fourth quarter of 2024 (3) The Court will discuss re-setting an MSC with counsel I. B...

Excerpt: ... denied in part. The Court discusses the scope of what GM is required to produce for specific RFPs on a Request by Request basis below, and why the Court denies the motion as to other specific RFPs (2) The Court will discuss the status of the case and when it might be ready for ADR or trial setting I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On October 19, 2022, Gail Chelebian (“Plaintiff”) filed a complaint against General Motors LLC ...

Excerpt: ...2) Request for Sanctions Tentative Rulings: (1) Motion to Compel Further Responses to Requests for Production, Set One is GRANTED in part and DENIED in part. Further written responses with a signed verification, and the production of responsive documents being compelled, shall be provided within 30 days absent a written agreement between counsel for a reasonable extension (2) Defendants' Request for Monetary Sanctions is GRANTED in the lowered am...

Excerpt: ...dgment, or in the alternative, Summary Adjudication ¿ Tentative Rulings: (1) Motion for Summary Judgment, or in the alternative, Summary Adjudication is CONTINUED. I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ Plaintiff filed his Complaint on February 11, 2020. Plaintiff filed his Second Amended Complaint on July 28, 2021. Plaintiff alleges the following facts: Plaintiff was a longtime friend and client of an attorney named Richard J. Stall, Jr. (�...

Excerpt: ... warranty), and SUSTAINED as to cause of action 5 (fraudulent inducement). The Court seeks oral argument as to the applicability of the SBA to a vehicle whose repair history is alleged to begin after the expiration of the original 50,000-mile new car warranty attached to the Complaint, and whether Plaintiff believes it can cure the pleading issues raised by the Court in more detail below as to the fraud cause of action (2) Defendants' Motion to S...

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: ...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: ...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: ...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: ...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: ...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...

Excerpt: ...s to whether additional leave to amend should be granted. (2) Motion to Strike is MOOTED. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On November 9, 2022, Plaintiff, Luis Hernandez, Jr. (“Plaintiff”) filed a complaint against Defendant, Del Amo Motorsports (“Defendant”), and DOES 1 through 50. On June 7, 2023, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action for: (1) Negligence; and (2) Negligent Entrustme...

Excerpt: ...e management order to address the truncated time in which to conduct pleading motions, discovery, expert designations and depositions, and trial preparation. The Court will consider ordering shortened statutory deadlines (e.g., 20 days rather than 30 for discovery responses and prohibition on discovery extensions longer than 10 days without a stip and Court order, etc.), Court-enabled setting of motion hearing dates to avoid CRS system delays for...

Excerpt: ... Set Aside (2) Defendant, Century 21 Peak's Motion to Set Aside Tentative Rulings: (1) GRANTED (2) GRANTED ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On March 17, 2023, Plaintiff, Jan L. Franklin (“Plaintiff”) filed a Complaint against Defendants, Coast to Coast Group, LLC, a California Limited Liability Company, Brenda Mendoza, an individual, Revision Investments, LLC, a California Limited Liability Company, Erasmo Reyes, an individual, Peak R...

Excerpt: ...y Rojas, to Respond to Request for Production of Documents, Set One (3) Request for Sanctions Tentative Rulings: (1) Defendant's Motion to Compel Plaintiff, Ely Rojas, to Respond to Form Interrogatories, Set One is GRANTED. (2) Defendant's Motion to Compel Plaintiff, Ely Rojas to Respond to Request for Production of Documents, Set One is GRANTED. (3) Request for Sanctions is denied WITHOTU PREJUDICE. PLANTIFFS ARE GIVEN NOTICE THAT FAILURE TO COM...