Excerpt: ...led to carry its burden of proving a valid arbitration agreement. I. BACKGROUND¿ ¿ A. Factual¿ On July 7, 2022, Plaintiff, Rhonda Mims (“Plaintiff”) filed an action against Defendant South Bay Home Care, Inc.'s (“Defendant”) stating causes of action for Violation to California Labor Code § 2698, et seq., including: (1) Failure to pay overtime; (2) Failure to provide meal periods; (3) Failure to provide rest periods; (4) Failure to pay...

Excerpt: ...breach of contract (2) Request for Monetary Sanctions (3) CMC to be conducted ¿ Tentative Rulings: (1) Overruled. Defendant shall Answer within 20 days (2) Sanctions request is denied. (3) The Court will set a trial and FSC dates in early 2024. Counsel should have their calendars ready during the CMC ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On July 6, 2021, Plaintiffs filed their Complaint. On February 22, 2022, Plaintiffs filed the First A...

Excerpt: ... (1) CONTINUED, Pending several elements of further meeting and conferring the Court intends to order after hearing oral argument ¿¿ 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 [...

Excerpt: ... considerable law and motion activity in these related cases, including extensive briefing and evidence bearing on a motion to disqualify Mr. Menke and his firm as trial counsel, Mr. Wu's motion for leave to file a Cross-Complaint arising out of his sale of shares in Bergamon, pending discovery motions, and the joint motion of Bergamon, Liew, Hsu and Jiang to compel arbitration of Wu's cross-complaint based on the arbitration clause in the Stock ...

Excerpt: ...dication ¿ Tentative Rulings: (1) GRANT Summary Judgment I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On April 1, 2021, Tess Hernandez, a minor by and through her Guardian ad Litem, Brittney Lopez (“Plaintiff”) filed a complaint against Shereen Beverly, M.D.; Shreen Beverly, M/D/, Inc., and Providence Little Company of Mary Medical Center for causes of action for Medical Malpractice and Vicarious Liability. The complaint alleges that Britney L...

Excerpt: ...¿ ¿¿ 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. Defendants Susana Kechedzian and Trendsetters Plus Inc. assert that they 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 hi...

Excerpt: ...ce ¿ Tentative Rulings: (1) Sustained, with leave to amend the Contract claim only (2) Granted (3) Rulings on each Request are in the body of this Tentative ¿¿ Overview: Plaintiff's lawsuit, now on its amended complaint, essentially seeks monetary damages from the City for a lengthy delay in processing applications for a business license. Many, if not most- public agencies around the country have faced delays in everything from construction pe...

Excerpt: ...sue with all parties defendant served by the March 16, 2023 date of the CMC. I. BACKGROUND A. Factual On July 8, 2022, Plaintiff, Ocean Recovery, LLC (“Plaintiff”) filed a complaint against Sullivan Curtis Monroe Insurance Services, LLC, and Scottsdale Indemnity Company (collectively “Defendants”). On July 13, 2022, Plaintiff filed an amended complaint. The complaint alleges a cause of action for breach of contract. Although the contract ...

Excerpt: ...aint Tentative Rulings: (1) DENIED, in light of very recent service of responses to the RFAs. (2) GRANTED, monetary sanctions int eh amount of $350 are ordered payable by Plaintiffs and/or their counsel within 30 days (3) OFF CALENDAR as there is no Second Amended Complaint to Demur to I. BACKGROUND¿ ¿ A. Factual¿ On December 10, 2020, Plaintiffs Juan Ramirez and Alondra Ramirez brought this action against Defendants Get Lucky Capital, LLC (�...

Excerpt: ...parate Property Trust dated September 13, 2010 TRIAL DATE: None set MOTION: (1) Demurrer to First Amended Complaint (2) Motion to Strike Meet and Confer Declaration of Ms. Amboss Tentative Rulings: (1) Defendants' Demurrer is OVERRULED. (2) Motion to Strike the Amboss Declaration is DENIED, but is not considered by the Court for the 2/2/23 hearing as it clearly is in reference to a discovery dispute, not the Demurrer I. BACKGROUND A. Factual On M...

Excerpt: ...1) Defendant's Demurrer is OVERRULED in part and SUSTAINED in part. (2) Defendant's Motion to Strike is GRANTED in part and DENIED in part. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On August 7, 2019, Plaintiff first filed a complaint in this case. On June 7, 2022, Plaintiff, Jessica Zazueta (“Plaintiff”) filed her First Amended Complaint (“FAC”) against Defendants, Wyndham Worldwide Corporation; Wyndham Destinations, Inc.; Wingate by...

Excerpt: ...ve Damages ¿ Tentative Rulings: (1) Plaintiff's Motion for Leave of Court to File Second Amended Complaint for Punitive Damages is DENIED. ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On September 10, 2021, plaintiff Tony Talbert filed a complaint. The operative pleading is the First Amended Complaint and asserts causes of action for (1) dental malpractice, (2) lack of informed consent, (3) battery, (4) intentional misrepresentat...

Excerpt: ...ial to 9/5/23, 9/25/23, or 1/8/24, but deny the request to extend all discovery and motion dates. Discuss what discovery remains that has not been propounded, and discuss scheduling the deposition of Plaintiffs whether in Texas of California¿ I. BACKGROUND¿¿¿ A. Factual¿¿¿ This action is an individual action for wages unpaid to the resident managers of a motel complex owned by Avadesh Bhagat. Defendants contend that Plaintiffs are owed not...

Excerpt: ... further responses to the subject discovery Discussion On October 26, 2022, this Court issued a minute order requiring Defendant to provide substantive, verified responses to all four sets of discovery that are the subject of these motions, and to produce responsive documents identified in those responses, no later than November 28, 2022. Plaintiff asserts that Defendant did not comply with the Court's order. Instead, Plaintiff asserts that on No...

Excerpt: ...re-brief the case in compliance with the page limits required by the Rules of Court, (b) Defendant will re-submit objections that comply with CRC 3.1454(b), and (c) Plaintiff satisfies the Court that evidence exists to support an opposition but further discovery is needed to present such evidence per CCP § 437c(h). The Trial would also need to be continued. Counsel should have their calendars ready to discuss these matters I. BACKGROUND¿¿ ¿¿...

Excerpt: ...n for Leave to File First Amended Petition ¿¿ Tentative Rulings: (1) GRANT ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ This is a traditional writ of mandamus action challenges the City of Redondo Beach's (“Respondent”) recent update to the “housing element” portion of its general plan. The action was brough pursuant to Government Code 65751, et seq. Among other things, the Verified Petition for Writ of Mandate (“Petit...

Excerpt: ...rgical Institute (2) Plaintiff, R&R Surgical Institute ¿¿ TRIAL DATE: Not Set ¿¿ MOTION:¿ (1) Demurrer (2) Demurrer Tentative Rulings: (1) Defendant Anthem's Demurrer is SUSTAINED with 20 days leave to amend (2) Defendant Premera's Demurrer is SUSTAINED with 20 days leave to amend I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ This action arises out of breach of contract cases. Plaintiff, R&R Surgical Institute filed a complaint against Defendan...

Excerpt: ...ies, Set One, Nos. 22- 30 (3) Motion to Compel Further Responses to Requests for Production of Documents, Set One, Nos. 66-76. (4) Monetary Sanctions Tentative Rulings: (1) Motion to Compel Further Responses as to Form Interrogatories, Set One, No. 3.6 is DENIED, without prejudice to it being pursued either in arbitration is the case is ordered to arbitration, or in the litigated case if the future hearing on the pending arbitration motion is den...

Excerpt: ...na Duces Tecum issued on July 28, 2022 ¿ ¿ Tentative Rulings: (1) Assuming the Court is satisfied with Rack Us Up's efforts to resolve this informally with Lithographix, and that moving party can satisfy the Court that “Stephanie” was authorized to accept service by e-mail, the Motion would be GRANTED. ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On May 24, 2017, Plaintiff Donald Green (“Plaintiff”) was working on a stand-up ...

Excerpt: ...ion Pending Completion of the Arbitration of Wu's Cross-Complaint Tentative Ruling: (1) Motion to Compel Arbitration is DENIED, without prejudice. The Court has no evidence that the mediation pre-condition to arbitration per the Stock Repurchase Agreement has been satisfied, and there are ambiguities and conflicting language in the Dispute Resolution provisions as to which the moving party has not met its burden of proof (2) Request for Stay was ...

Excerpt: ...ion ¿ ¿ Tentative Rulings: (1) Summary Adjudication GRANTED as to the first and second causes of action, Denied as to the third and fourth. The Court suggests an alternative resolution for the parties to consider in the Conclusion paragraph of this Tentative Ruling I. BACKGROUND¿¿ A. Factual¿¿ ¿ On March 24, 2022, Plaintiff Financial Services Vehicle Trust, by and through its servicer, BMW Financial Services, NA (“Plaintiff”) filed thi...

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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...'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: ...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...

Excerpt: ...otion for Preliminary Approval of Class Action and PAGA Settlement ¿ ¿ Tentative Rulings: (1) Defendant's Motion for Preliminary Approval to Strike is GRANTED. However, the Court request that class counsel assist in locating the proposed class notice at the hearing, such as by screen sharing or by transmitting the same through the Court's exhibit portal at [email protected]. ¿¿ ¿ I. BACKGROUNG On July 12, 2021, Plaintiff, Roberto Rivera (...

Excerpt: ...r¿ ¿ Tentative Rulings: (1) Defendant Demurrer is DENIED¿ ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On May 26, 2022, Plaintiff, Christina Marie New (“Plaintiff”) filed this action against Defendants, Providence Health System – Southern California dba Providence Little Company of Mary Medical Center, Torrance, Mia Je Naee Sanders, and Does 1 through 100. Plaintiff alleged the following causes of action: (1) Medical Battery; (2) Int...

Excerpt: ...ment or, in the Alternative, Summary Adjudication (2) Implicit application for substantive amendment to first cause of action for nuisance, labeled a proposed “Amendment to Complaint” ¿ ¿ Tentative Rulings: (1) Motion for Summary Adjudication is GRANTED as to the 2 nd and 3rd causes of action for breach of contract, but DENIED full MSJ and DENIED MSA as to the 1st cause of action for private nuisance (2) Granted on certain conditions ¿¿ �...

Excerpt: ...otion to Compel Respondent/Defendant City of Redondo Beach to Provide Further Responses to Requests for Production of Documents, Set One ¿¿ Tentative Rulings: (1) Grant in Part. Sanctions are denied. ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ This is a traditional writ of mandamus action challenges the City of Redondo Beach's (“Respondent”) recent update to the “housing element” portion of its general plan. The action ...