Excerpt: ...25 Century Park East Company, et al. for damages related to premises liability. On March 15, 2023, Plaintiff filed proof of service of the summons and complaint on defendant Pocrass & De Los Reyes, LLP (“P&D”), alleging P&D was personally served via its authorized agent for service of process James Pocrass (“Pocrass”) on May 7, 2022, at the address 1880 Century Park East, Suite 1415, Los Angeles, California 90067. On March 15, 2023, Plain...

Excerpt: ...mply with a demand for a contemporaneous inspection of the subject ladder and subject premises pursuant to Code of Civil Procedure sec tion 2031.010. Defendant opposes the motion on the grounds that he has agreed to an inspection of the premises and ladder involved in the incident, but he objects to the simultaneous inspection because it is burdensome and costly because the ladder is in evidence storage in Ontario, California, pursuant to a deman...

Excerpt: ...a, signed an arbitration agreement, and the agreement governs this action and must be enforced. Plaintiff opposes the motion, contending (a) Defendant waived its right to move to compel arbitration, and (b) Defendant failed to provide admissible evidence of the existence of the agreement and the signature on the agreement. b. Authentication of Agreement Defendant purports to authenticate the agreement through the Declaration of Roxanne Reyna, who...

Excerpt: ...XUAL HARASSMENT AND DISCRIMINATION AND GRANTED AS TO THE REMAINING CLAIMS. THE ACTION IS STAYED. DEFENDANT TO NOTICE. If the parties 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, reply, and supplemental stipulation. BACKGROUND On September 14, 2023, Plainti...

Excerpt: ...ATIVE RULING Driftwood Healthcare & Wellness Center, LLC (erroneously sued as Driftwood Healthcare & Rehabilitation Center LLC) and Citrus Wellness Center, LLC's Motion to Compel Arbitration and Stay Proceedings is denied. Background Plaintiffs filed their Complaint on April 19, 2023. Plaintiffs allege the following facts. Plaintiffs' decedent died while a patient of Defendants. Plaintiffs set forth the following causes of action: 1. Negligence 2...

Excerpt: ...) arising from alleged childhood sexual abuse perpetrated against Plaintiff by a teacher at a school owned by Defendant. Defendant served a demand for a physical exam of Plaintiff pursuant to Code of Civil Procedure Section 2032.220 and Plaintiff served an objection to the demand, stating that Plaintiff refused to submit to the exam. Defendant now moves for an order compelli ng Plaintiff to submit to the physical exam as stated in the demand. Def...

Excerpt: ...OVING PARTY: Plaintiff Sorush Sharif (“Plaintiff”) RESPONDING PARTY: Defendant Santa Monica BMW (“Defendant”) NOTICE: OK¿¿ RELIEF REQUESTED: An order from this Court to compel the attendance of Defendant's Person Most Knowledgeable and production of documents, and to impose monetary sanctions against Defendant and its attorney of record in the amount of $3,554.01. TENTATIVE RULING: The motion is GRANTED IN PART. The Request for Monetary...

Excerpt: ... second day of her deposition on 2/26/24. The deposition was not complete, but Plaintiff left the deposition, stating Defense Counsel was being abusive and she would only complete her deposition if the Court issued an order compelling her to do so. Defendant moves to compel Plaintiff to attend and complete her deposition. CCP §2025.450(a) permits the party who propounded a notice of deposition to move to compel the deposition to go forward if th...

Excerpt: ...tiff's Form Interrogatories (“FROG”), Set Four; Special Interrogatories (“SROG”), Set Five; and Requests for Production of Documents (“RFP”), Set Four Plaintiff also seeks over $18,000 ($6,600 per motion) in sanctions against Defendant and its attorneys. The Court DENIES Plaintiff's motions. Background Plaintiff filed this action on September 8, 2022 against Defendant, her former employer, alleging (1) discrimination under FEHA; (2) r...

Excerpt: ...Set One) The court has considered the moving papers, opposition, and reply. The court DENIES defendant Robert O'Neill's motion to compel further responses to Special Interrogatories (Set One). The court DENIES defendant Robert O'Neill's request for monetary sanctions for his motion to compel further responses to Special Interrogatories (Set One). Background Plaintiff CR&R, Incorporated filed this action on March 2, 2022 against defendant Robert O...

Excerpt: ... LLC RESPONDING PARTY: Plaintiff Sharleyne Martin, on behalf of all aggrieved employees Motion to Compel Individual Arbitration and to Dismiss Action The court considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court denies defendant The Ritz- Carlton Hotel Company, LLC's request for judicial notice of various unpublished superior court orders. (Cal. Rules of Ct., rule 8.1115....

Excerpt: ... “Failure to timely respond to RFA does not result in automatic admissions. Rather, the propounder of the RFA must ‘move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction' under § 2023.010 et seq.” (CCP, § 2033.280(b).) The court “shall” grant the motion to deem RFA admitted, “unless it finds that the party to whom the requ...

Excerpt: ...County of Los Angeles, State of California, Cherry Street Garage, Los Angeles Convention Center, Staples Center for a slip and fall incident. At this time, the City moves for an order compelling Plaintiff to appear for a mental examination with neuropsychologist Earl C. Thorndyke, Ph.D., (“Dr. Thorndyke”) at 11835 W. Olympic Blvd., Ste. 1270E, Los Angeles, CA 90064. The City argues Plaintiff testified at deposition that she attributes PTSD, a...

Excerpt: ...r to (1) quash service of process of summons, and (2) vacate and set aside the defaults and Judgment -Unlawful Detainer against Defendants. BACKGROUND This is an unlawful detainer case filed on May 11, 2023 by Plaintiff 5623 PECK ROAD, LLC against Defendants Cultiva Group and Qirong Lin, claiming past -due rent totaling $137,435.90, attorney fees, forfeiture of the lease agreement, damages accruing daily since January 1, 2023, and additional expe...

Excerpt: ...tion against Defendant BMW of North America LLC, and on September 25, 2023, he filed a first amended complaint. Plaintiff propounded discovery on November 20, 2023. (Pascal Decl. ¶ 3.) Defendant did not timely respond by December 20, 2023. (Pascal Decl. ¶ 4.) Plaintiff's counsel met and conferred with Defendant's counsel, but Defendant never provided responses. (Pascal Decl. ¶¶ 5- 9.) On January 29, 2024, Plaintiff filed a motion to compel De...

Excerpt: ... for Production of Documents, Set One. Plaintiff also seeks $4,215 in sanctions against CMC and its attorneys. CBC in its opposition seeks sanctions in the amount of $16,940. The Court GRANTS Plaintiff's motion in part. CBC shall only be required to respond as to discrimination against external organizations or individuals. CBC shall redact confidential information of employees. The Court DENIES both Plaintiff's and CBC's respective requests for ...

Excerpt: ...Proc., § 2030.290, subd. (a).) Sanctions in the amount of $2,985 are awarded to Defendants. Code of Civil Procedure § 2030.290(c). Procedural Background Plaintiff Rossylyn Inez Sanchez (“Plaintiff”) filed a complaint against Defendants Melton Truck Lines, Inc., Christopher Michael Moehl, and Does 1 to 50, (“Defendants”), for motor vehicle negligence and general negligence for an automobile accident that oc curred on October 7, 2021. Pla...

Excerpt: ...ollectively, “Defendants”) for injuries arising from a motor vehicle collision. The trial date is currently set for October 24, 2024. Defendants now move to continue the current trial date and all related dates to June 24, 2025 to allow their motion for summary judgment (“MSJ”), currently reserved for December 10, 2024, to be heard prior to trial. The motion is unopposed. II. LEGAL STANDARD Although continuances of trials are disfavored, ...

Excerpt: ...SBDTLA 3, LLC; 5. SBDTLA 4, LLC., 6. Greystar California, Inc. 7. Barry Shy; 8. Rommy Shy; 9. Eric Shy; 10. Erica Rivera; 11. Pam Pham -Le; 12. 215 W 6 Owner, LLC; and 13. FPI Management, Inc. The First Amended Complaint, filed on October 26, 2023, asserts causes of action for: (1) violation of Civil Code section 1942.4; (2) tortious breach of the warranty of habitability; (3) private nuisance; (4) Business and Professions Code section 17200; (5 ...

Excerpt: ...CV00428 and 22STCV17187 orders 22TRCV00428 reassigned to Department 55 of the Stanley Mosk Courthouse for all purposes. All hearings currently set in civil law case 22TRCV00428 are hereby advanced and vacated. Counsel for Defendant to give notice. Background of 22TRCV00428 Trout v. Robinson Helicopter On May 25, 2022, Basia Trout, individually and as the personal representative of Decedent Lora Trout, and Roger Trout, filed 22TRCV00428 against Ro...

Excerpt: ... after it rol led off a flat bed tow truck. (Complaint, ¶¶ 10 -23.) On September 25, 2023, Plaintiffs filed the Complaint in this action against Carmel Towing & Transport, Inc.; Bert's Garage, Inc.; Automobile Club of Southern California (“AAA”), and Does 1 through 25. Plaintiffs assert causes of actions for premises liab ility; negligence; vicarious liability; and loss of consortium. AAA filed its Answer to the Complaint on October 17, 202...

Excerpt: ...t filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract case. Plaintiffs purchased a property from Defendant which Plaintiffs allege was subject to a PACE loan. Plaintiffs allege that Defendant agreed to pay off the loan through escrow, such that the property would be transferred to Plaintiffs clear of any lien and failed to do so, despite receiving money in an amount equal to the balance on the loan, from escrow. Cr...

Excerpt: ...s loan default. Defendant previously filed two unlawful detainer actions against Plaintiffs Kasra Vahmi and Bersadeh Bagheri (“Plaintiffs”), who are currently in possession of the property. The first action, 19SMUD00192, was dismissed. This unlawful detainer action then gave rise to a malicious prosecution action filed by Plaintiffs, 20SMCV00691, which is still ongoing. Defendant subsequently filed a second unlawful detainer action, 19SMUD022...

Excerpt: ... (2) violation of Business and Professions Code section 17200; (3) failure of consideration; (4) violation of the Song-Beverly Act; (5) breach of the implied warranty of merchantability; (6) breach of implied warranty of fitness; and (7) violation of Business and Professions Code sectio n 7071.5. On 2/29/2024, Non- Party Sunlight Financial, LLC (Sunlight) moved to quash the Deposition Subpoena for Production of Business Records (the Subpoena) ser...

Excerpt: ... to terminate Plaintiff for making various complaints to Human Resources (HR) about workplace harassment. On March 25, 2021, Plaintiff filed suit for: 1. Wrongful Termination in Violation of Public Policy 2. Breach Of Contract and Covenant of Good Faith and Fair Dealing 3. Retaliation In Violation of Labor Code §§ 98.6 & 1102.5 On July 26, 2022, Defendant filed an MSJ. The hearing was on 6/20/23, after which the court took the MSJ under submiss...