Excerpt: ...0 days leave to amend. Plaintiffs Larisha Perkins (“Perkins”) and Isaiah Sampson (“Sampson”) (collectively, “Plaintiffs”) move unopposed to strike Defendants SBDTLA 1, LLC's; SBDTLA 2, LLC's; SBDTLA 3, LLC's; SBDTLA 4, LLC's; and Greystar California, Inc.'s (collectively, “Answering Defendants”) answer (“Answer”) to Plaintiffs' Complaint, or in the alternative, strike portions of the Answer, specifically, portions claiming Pla...

Excerpt: ...ANDS) MOVING PARTY: Defendant Alexandra R. McIntosh, APC (joined by defendants Los Indios de San Gabriel, Inc., and Andrew Salas on April 10, 2024) RESPONDING PARTY: Plaintiff Emilio Reyes (1) Motion for Relief from Waiver (Form Interrogatories) (2) Motion for Relief from Waiver (Special Interrogatories) (3) Motion for Relief from Waiver (Document Demands) The court considered the moving, limited joinder, and opposition papers filed in connection...

Excerpt: ...an 2013 Family Trust; (2) Plaintiff Hollywood Lanai Apartments, LLC RESPONDING PARTY(S) : (1) Plaintiff Hollywood Lanai Apartments, LLC; (2) Defendant Paul Krzemuski as successor trustee of the Violette Krzemuski a/k/a Violette Adamian 2013 Family Trust; CASE HISTORY: • 09/13/22: Complaint filed. • 10/03/22: Case deemed related to 22STCV30055 Kabala v. Krzemuski, et al. and 22STCV29709 Adamian v. Krzemuski, et al. (lead case). • 01/12/24: R...

Excerpt: ...nst Defendants Leible, Miretsky & Mosely, LLP (erroneously sued as “The Law Office of Leible, Meretsky & Mosely, LLC”) (“Firm”), Michael Miretsky (“Miretsky”), and Carlyn Blake (“Blake”). The action was listed as a personal injury action and initially assigned to Department 30 of the Personal Injury Hub Court presided by the Honorable Jill Feeney. (Notice of Assignment dated September 8, 2022.) On October 31, 2022, Defendants coll...

Excerpt: ...New Trial and Notice of Motion to Vacate Judgment. The court considered the moving papers and opposition papers. No reply has been filed. The court DENIES plaintiffs David Ortiz and Yuko Ortiz's motion for new trial and notice of motion to vacate judgment because the court lacks jurisdiction because of Plaintiffs' notice of appeal filed on October 6, 2023. Background On October 19, 2018, plaintiffs David A. Ortiz and Yuko Ortiz filed this action ...

Excerpt: ...tice. Defendant argues that because judgment was entered in her favor in that case, plaintiff had no lawful reason to refuse defendant's proffered partial rent payment. That argument is not proper on a motion for new trial, as it could have been raised prior to trial, and was not mentioned in the trial of this matter. The agreed -upon jury instruction CACI 4327 was given. “A notice of intention to move for a new trial is deemed to be a motion f...

Excerpt: ...Defendants Joe Samuel Bailey and Renew Spinal Care, Inc. The operative First Amended Complaint was filed on March 27, 2020. The purported Second Amended Complaint on July 31, 2023 was not properly filed because a party may only amend a complaint once without leave of court. (See Code Civ. Proc., § 472(a).) The FAC asserts a single cause of action for breach of written settlement agreement. The FAC alleges that Plaintiffs provided money to Defend...

Excerpt: ... motion is GRANTED. Plaintiffs are ordered to file their FAC forthwith. BACKGROUND On June 29, 2023, plaintiffs Glen Hamel and Cynthia Hamel filed a complaint against Vince Valdez for (1) breach of contract – personal guarantee and (2) common counts – goods and services rendered. LEGAL AUTHORITY CCP § 473(a)(1) provides, in relevant part: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend a...

Excerpt: ...iff”) moves for an order granting leave to file a first supplemental and third amended complaint (“FSTAC”) on the basis the proposed change adds an incident of discrimination and retaliation that took place after the second amended complaint (“SAC”) was filed. (Notice of Motion, pg . 2.) Procedural Background Plaintiff filed his initial Complaint on Mary 17, 2022, alleging two causes of action: (1) discrimination on the basis of veteran...

Excerpt: ...wo causes of action for (1) elder abuse and (2) negligence. On December 15, 2023, the Court sustained Defendant's demurrer to the first cause of action for elder abuse on the grounds that Plaintiff did not allege specific facts demonstrating Defendant neglected Plaintiff with knowledge that injury was substantially certain or with conscious disregard of the high probability of such injury and Plaintiff did not allege any specific harm or damages ...

Excerpt: ... ) GRANTE D. I. BACKGROUN D A. Factual On August 9, 2023, Plaintiff, Sadrac k Ngue Ngu e (“Plaintiff”) filed a Complaint against Defendant, CarMa x Auto Superstores California, LLC. The Complaint alleges causes of action for: (1) Negligence; (2) Endangering Life of Others; (3) Emotional Distress; (4) Insomnia; (5) Shock; (6) Defective and Deceptive Mechanical Work; (7) Mechanical Fraud for Scam; (8) Faulty Car; (9) Anxiety; and (10) Fraud. De...

Excerpt: ...aling; (3) negligence; (4) fraud; (5) negligent misrepresentation; and (6) unfair business practices. The first two causes of action were not alleged against Defendants Crawford & Company or William Ball (“Defendants”). The Court sustained Defendants' previous demurrer to the third cause of action for negligence without leave to amend on the grounds that insurers and their agents do not generally owe insureds a duty as a matter of law, and su...

Excerpt: ...f Irlanda De La Cruz (“Plaintiff”) filed a complaint, asserting a cause of action against Pomona Valley Hospital Medical Center (“PVHMC”), Shahrukh Mohsin, M.D. (“Mohsin”), Sivaprasad Mul langi, M.D. (“Mullangi”), Hsin-Chen Liu, D.O. (“Liu”), Nadie A. Elatahir, M.D., Yu -Kai Su, M.D., Hamidreza Torshizy, M.D., Yanie Zhao, M.D., Jennifer Lynn McGinley, M.D., Heather Davis, M.D., Autar K. Wall, M.D., George Moran, M.D., Sudir Ku...

Excerpt: ...eclarations (that they provided receipts but now claim they paid in cash), raise serious concerns about the credibility of their claims. As for general damages, Plaintiffs are afforded one more attempt. Background This case arises from an alleged medical scam. Plaintiffs Yiming Chen, Helen Liu, Yan Yan, Peiyu Chen, Dingzhi Chen, Phoebe Noor (collectively, “Plaintiffs”) allege as follows: Between 2017 and the present, Defendant Hourong Zhang (...

Excerpt: ...t of $453,100 (“Loan”) from Homebridge Financial Services, Inc., which Loan was secured by a Deed of Trust (“DOT”) against the real property located at 10747 Wilshire Blvd #1208, Los Angeles, California (“Property”). Defendant ServiceMac LLC services the loan. In June 2022, Plaintiff applied for a modification of her mortgage with Defendant. (First Amended Complaint (“FAC”) ¶24.) On or around July 11, 2022, Defendant confirmed re...

Excerpt: ...: Filed April 8, 2024 REPLY: Filed April 15, 2024 RELIEF REQUESTED Defendants demurrer to Plaintiff's complaint. BACKGROUND This case arises out of Plaintiff Anthony Russo's claim that he wrongfully received adverse employment actions in his position as a Police Lieutenant with the City of Pasadena Police Department. Plaintiff filed this complaint on August 16, 2023, alleging four causes of action for (1) relief for violation of POBRA, Government...

Excerpt: ...son SERVICE: Filed March 19, 2024 OPPOSITION: Filed April 8, 2024 RELIEF REQUESTED Defendants demurrer to Plaintiff's complaint. BACKGROUND This case arises out of Cavanaugh Thompson's claim that he was unlawfully terminated from his employment with the Pasadena Police Department and subject to discrimination. Plaintiff filed this complaint on August 15, 2023, alleging seven causes of action for (1) relief for violation of POBRA, Government Code ...

Excerpt: ...ined as to the second and third causes of action with leave to amend. The motion to strike the request for attorney fees is granted without leave to amend the request for punitive damages is granted with leave to amend. On February 7, 2022, Plaintiffs George Small III (Decedent) (by and through his Successor in Interest, Barbara Small), Barbara Small, and Kent Small, M.D. (collectively, Plaintiffs) filed their initial complaint in this action. On...

Excerpt: ...to amend. In reviewing the legal sufficiency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of law. ( Blank v. Kirwan (1985) 39 Cal.3d 311, 318 ( Blank); C & H Foods Co. v. Hartford Ins. Co . (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects appearing on the face of the complaint[.]” (...

Excerpt: ...rike Punitive Damages Respondent: Plaintiffs Alicia Olivares, Stephanie Watkin, Amaris Violet Gutierrez, Abel Valentino Gutierrez, and Angelina Victoria Gallegos TENTATIVE RULING Defendants Kiewit Corporation, Kiewit -Parsons, Kiewit Infrastructure West Co., and Parsons Construction Group, Inc.'s Demurrer to Plaintiffs' First Amended Complaint is SUSTAINED IN PART with twenty (20) days leave to amend as to the fourth, fifth, and sixth causes of a...

Excerpt: ...ers”), Marcia Brown's (“Brown”), and Rochelle Minor's (“Minor”) (collectively, “Plaintiffs”) first amended complaint (“FAC”) as to the single cause of action for quiet title. (Notice of Demurrer, pgs. 1-2.) Background Plaintiffs filed the initial complaint (“Complaint”) on October 14, 2022, against Defendant and Non-moving Defendants J.P. Morgan Chase N.A. dba J.P. Morgan Chase National Corporate Services, Inc. (“J.P. Morg...

Excerpt: ...Defendant Tucker Lincoln's motion to strike as moot. Defendant Tucker Lincoln is ordered to give notice of the Court's ruling and file proof of service of same within five days of the Court's order. BACKGROUND This is a nuisance action relating to illegal sales of cannabis. On March 16, 2022, plaintiff City of El Monte (Plaintiff) filed this action against defendants Lino James Ibarra (Ibarra), Michael Atencio, Manuel Aquino, Joseph Hernandez, Ju...

Excerpt: ...his case, Plaintiff Ahmet Alkanli (Plaintiff) had claimed that on January 16, 2020, he was driving home on a rainy night when his vehicle left the road and crashed into a light pole, which fell on top of his vehicle. He also claimed that he sustained i njuries as a result. He alleged in his complaint that the roadway was dangerous and improperly maintained and the light pole was not properly maintained. The Court granted Defendant City of Los Ang...

Excerpt: ... granted. Kenton Lane's Motion for Summary Judgment, or, in the Alternative, Summary Adjudication is denied. Background Plaintiffs Christopher Leach and Daniel Cunningham filed their Complaint on July 6, 2020. Plaintiffs allege the following facts. Defendant Kenton Lane became a tenant in Plaintiffs' home. Defendant Lane is a marriage and family therapist. Defendant Lane pr ovided therapy services to Plaintiffs. However, Defendant Lane breached h...

Excerpt: ...chael Eames' Request for Judicial Notice is GRANTED but not as to hearsay or facts in dispute. Plaintiff Alexander C. Baker's Request for Judicial Notice is GRANTED but not as to hearsay or facts in dispute. Introduction Defendants PEN Music Group, Inc. (PEN) and Michael Eames (Eames) (collectively, Defendants) moved for summary judgment (MSJ) and alternatively for summary adjudication (MSA) against Plaintiff Alexander C. Baker's (Plaintiff) Thir...

Excerpt: ...SSANDRA ROBLES, nominal defendant; and DOES 1 through 100, inclusive. CASE NO.: 22STCV30426 DISCOVERY MOTIONS MOVING PARTY: Plaintiffs Micaela Duarte, by and through her successor in interest, Elizabeth Duarte, and Elizabeth Duarte RESPONDING PARTY : Defendant Eisenhower Healthcare LLC dba Pasadena Grove Health Center (“Eisenhower”) SERVICE: Filed January 5, 2024, January 26, 2024, February 9, 2024, and February 13, 2024 OPPOSITION: Filed Apr...

Excerpt: ... services. (Compl., ¶ 1, Ex. A.) Defendant allegedly breached the contract by publishing behind-the-scenes videos of her work on social media accounts, without written permission as required by the contract. ( Id., ¶¶ 3, 11.) Plaintiff further alleges that Defendant admitted to breaching the contract at her deposition in another case. ( Id., ¶ 4, Ex. B.) Defendant now moves to strike the Complaint pursuant to Code of Civil Procedure Section 4...

Excerpt: ...The Court has considered the moving papers. BACKGROUND On October 14, 2020, Plaintiff David Hokanson (“Plaintiff”) filed the operative Complaint against Defendant Northrop Grumman Systems Corporation and DOES 1 through 20, inclusive for: (1) Violation of Labor Code Section 6310; (2) Violation of Labor Code Section 1102.5; and (3) Wrongful Termination in Violation of Public Policy. On August 18, 2021, this Court granted Defendant's Motion to C...

Excerpt: ...ion to compel arbitration that was filed on December 4, 2023. Petitioner seeks to compel arbitration of a grievance involving a firefighter whose probational promotion was revoked pursuant to a memorandum of understanding between the parties . TENTATIVE RULING: The Petition to Compel Arbitration is GRANTED . DISCUSSION: Petitioner seeks to compel arbitration of a grievance pursuant to a Memorandum of Understanding between the parties. Timeliness ...

Excerpt: ... excusable neglect. A government tort claim must be presented within six months after accrual of the cause of action. Gov. Code §911.2. A plaintiff who fails to timely file a claim may seek relief for leave to present a late claim which must be presented within one year after accrual of the cause of action. Gov. Code §911.4(b). “If the public entity denies an application for leave to file a late claim, the claimant must obtain a court order f...

Excerpt: ...ffs") each a separate set of (1) form interrogatories, set one, (2) special interrogatories, set one, and (3) request for production of documents ("RPDs"), set one, on November 2, 2023. Responses were initially due on December 5, 2023. After receiving no responses, defense counsel sent email correspondence to Plaintiffs counsel requesting status of the discovety. Defendant granted Plaintiffs an extension to respond to discovery by December 21, 20...

Excerpt: ...D: An order vacating the default judgment entered against Defendant and granting Defendant leave to file her proposed cross -complaint. TENTATIVE RULING: The motion is denied. BACKGROUND This is a contract action in which Plaintiff alleges that on 3/1/18, it entered into a commercial lease agreement with Defendants for certain premises located at 8440 Balboa Blvd., Suite 106, Los Angeles, CA 91325. Plaintiff brings the instant action again st Def...

Excerpt: ... ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND This is a lemon law case. On February 9, 2024, plaintiff Pedro Gonzalez (Plaintiff) filed this action against defendant General Motors, LLC (Defendant) and Does 1 through 50, alleging causes of action for violation of subdivision (d) of Civil Code section 1793.2, violation of subdivision (b) of Civil Code section 1793.2, violation of subdivision (a)(...

Excerpt: ...G PARTY: None The Court has considered the moving papers. No opposition has been filed. BACKGROUND This action arises out of alleged misconduct that occurred during Plaintiff's admission at two skilled nursing facilities. Plaintiff's operative First Amended Complaint (“FAC”) alleges: (1) elder/dependent adult abuse violation of Welfare and Institutions Code Section 15610, et seq.; (2) breach of fiduciary duty; (3) negligence; (4) negligence; ...

Excerpt: ...2022, the court denied the First Petition without prejudice. On March 24, 2023, Petitioner filed an “Amended Petition to Confirm Contractual Arbitration Award” (“Amended Petition”). On September 18, 2023, the court granted the Amended Petition. On November 16, 2023, Respondent filed a “Notice of Appeal” of the court's September 18, 2023 order. On November 30, 2023, judgment was entered. On December 4, 2023, Petitioner filed (and mail ...

Excerpt: ...cient facts and were uncertain. Plaintiff filed the operative Second Amended Complaint on February 21, 2023, alleging (1) breach of contract, (2) general negligence, (3) intentional tort, and (4) premises liability. On April 28, 2023, the Court sustained Defendant's demurrer without leave to amend as to every cause of action except premises liability. Plaintiff's remaining claim is based on allegations that Defendant knowingly allowed Plaintiff t...

Excerpt: ...mplaint (“SAC”), alleging seven causes of action for (1) breach of the covenants, conditi ons and restrictions (CC&Rs); (2) breach of contract; (3) breach of fiduciary duty; (4) negligence; (5) violation of Civil Code section 4775; (6) private nuisance; and (7) declaratory relief. Only the third and fourth causes of action are alleged against Defendant Pamela Chen (“Defendant”). Defendant demurs to the third and fourth causes of action on...

Excerpt: ...ract; (3) failure to pay wages when due in violation of California Labor Code section 204; (4) failure to furnish accurate wage statements; (5) failure to pay all wages due on separation; (6) constructive discharge; (7) violation of Business and Professions Code section 17200; and (8) accounting. On 2/13/2024, Plaintiff moved to modify the discovery protective order. Discussion Plaintiff seeks an order modifying the umbrella discovery protective ...

Excerpt: ...tiff Golden Pro Insurance Services, Inc. (“Plaintiff”) NOTICE: ok RELIEF REQUESTED: An order dismissing the action, or in the alternative, staying all proceedings based on a forum selection clause. TENTATIVE RULING: The motion is DENIED. BACKGROUND On May 30, 2023, Plaintiff initiated this action against Defendants AAA Merchant Services, Aimee Johnson, Fiserv, Credit Risk Monitoring, and Does 1 through 100, alleging (1) Conversion, (2) Common...

Excerpt: ...dant Regents of the University of California RESPONDING PARTY: Plaintiff Isiah Dryer The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff Isiah Dryer (“Plaintiff”) is a disabled African American former employee of Defendant Regents of the University of California (“UC” or “Defendant”). He filed a complaint on May 1, 2023, alleging multiple causes of action against Defendant. The operative Second Amen...

Excerpt: ...ount of $500 SUMMARY OF ACTION On November 7, 2023, Plaintiff Susie Villegas (Plaintiff) served Defendant Rattler's Bar B Que 1, Inc. (Defendant) with Plaintiff's Form Interrogatories, Set One. After Plaintiff gave Defendant a couple of extensions to respond to the Form Interrogatories, Defendant served its responses on January 24, 2024. Thereafter, Plaintiff determined that some of Defendant's responses were not code- compliant. Plaintiff's coun...

Excerpt: ...n “reasonably made” by the party, the witness, or any consumer whose personal records are sought, or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms and conditions as the court may specify. (See Code Civ. Proc. § 1987.1; Southern Pac. Co. v. Superior Court (1940) 15 Cal.2d 206.) The cour...

Excerpt: ...s is denied. Petitioner North Light Specialty Insurance Company (“North Light”) (“Petitioner”) moves unopposed for this Court to compel Non -party Insomnia Medical Center, Inc. (“Insomnia”) to comply with its Deposition Subpoena for Production of Business Records. (Notice of Motion, pgs. 2; C.C.P. §§1987.1, 2020.220.) Petitioner also requests sanctions in the amount of $875.00. (Notice of Motion, pgs. 2; C.C.P. §§1992, 2023.030(a)...

Excerpt: ...arties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self -represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND This is a lemon law action arising out of Plaintiff's purchase of a 22021 Mercedes -Benz S580 manufactured and distributed by Defendant Mercedes -Benz USA LLC. ANALYSIS “On petitio...

Excerpt: ...ai Motor Company and Hyundai Motor America (collectively, “Hyundai” or “Defendants”) RESPONDING PARTY: Plaintiffs Nayeli Viridiana Saldaña Canico, Gustavo Alfredo Saldaña Canico, Jorge Uriel Saldaña Canico, and Ismael Saldaña Canico (collectively, “Canico Siblings” or "Plaintiffs") The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an alleged automobile accident. The curr...

Excerpt: ... Holdings, LLC (SMG Holdings) filed this action against Defendant and Cross-Complainant SMG Mountain Intermediate Holdings, LLC (SMG Mountain), asserting a single cause of action for breach of contract. The complaint alleges that SMG Holdings (Seller) and an individual named Andrew Fromm (Fromm) entered into an Equity Purchase Agreement (EPA) with SMG Mountain (Buyer). Under the EPA, SMG Mountain agreed to purchase all outstanding membership inte...

Excerpt: ..., alleging: (1) quantum meruit; (2) defamation per se; (3) defamation; (4) intentional interference with contractual relations; (5) intentional interference with prospective economic advantage; and (6) inducing breach of contract. On 4/28/2023, PIH filed a cross-complaint (XC) against IAS. On 1/26/2024, PIH filed a second amended cross-complaint (SXC) alleging: (1) civil theft; (2) unjust enrichment; (3) mistaken receipt; and (4) violation of sec...

Excerpt: ...mplaint alleges the following causes of action: 1. Breach of Contract; 2. Failure to Pay Wages (Lab. Code, §§ 202, 203, 558); 3. Failure to Pay all Wages at Time of Termination of Employment (Lab. Code, §§ 201, 202, 203, 227.3, 558); and 4. Unfair Competition (Bus. And Prof. Code, § 17200, et seq.) Defendant now moves for summary judgment, or, in the alternative, summary adjudication. An opposition and reply have been filed and considered. I...

Excerpt: ...Defendants violated HBOR by failing to contact Plaintiffs thirty days or more before recording a notice of default in order to discuss Plaintiffs' financial situation and explore ways to avoid foreclosure. On November 8, 2018, Plaintiffs filed he operative First Amended Complaint (“FAC”) alleging causes of action for (1) violation of Civ. Code § 2923.5, (2) accounting, (3) negligence, and (4) violations of the UCL. Demurrer Defendants demur ...

Excerpt: ...petitions this Court for an order relieving her from the provisions of Government Code §945.4 on account of failure to file a timely claim against R espondent, Glendale Unified School District, as Petitioner was a minor during all of the time specified in Section 911.2 for the presentation of the claim. PROCEDURAL Moving Party: Petitioner, Greg Asaduriyan Responding Party: No Opposition by Respondent Glendale Unified School District (Respondent ...