Excerpt: ...th of the matters in the request for admissions served on Defendant Meza. Plaintiff's request for sanctions is GRANTED in part. The Court orders Defendant Juan C. Meza and counsel of record Jenny L. Foley to pay sanctions in the amount of $460, jointly and severally, to Plaintiff's counsel within 20 days of this order. Moving party is ordered to give notice. Discussion On December 4, 2023, Plaintiff served Form Interrogatories, Special Interrogat...

Excerpt: ...action for negligence and premises liability against David Dingwall, Valerie Dingwall, and Doe defendants; a cause of action for products liability against Defendant Echo, Inc. (“Echo”) and Doe defendants; a ca use of action for negligent supervision against all defendants; and a violation of California Labor Code section 2750.5 against David and Valerie Dingwall. By stipulation of the parties, the Court on July 18, 2022, dismissed with preju...

Excerpt: ...01732 DEMURRER WITH MOTION TO STRIKE MOVING PARTY : Defendants Zacuto Group, Inc., Jake Zacuto, and Jackie Lubrano (“Zacuto Defendants”) and Defendants Berel Schusterman and OCAJ, LLC (“OCAJ Defendants”). RESPONDING PARTY: Plaintiffs Annie Carolin and Charlando, LLC SERVICE: Zacuto Defendants' demurrer filed October 9, 2023 OCAJ's demurrer filed on December 1, 2023 OPPOSITION: Filed March 22, 2023 REPLY: Filed April 2, 2024 BACKGROUND Thi...

Excerpt: ...STRIKE: An order striking portions of the First Amended Complaint regarding Plaintiff serving the City of Santa Clarita with a claim for damages. RULING : The demurrer is sustained without leave to amend. The motion to strike is placed off calendar as moot. SUMMARY OF ACTION & PROCEDURAL HISTORY This action arises out of an incident that occurred on or about 4/25/22 while Plaintiff Luis Barajas (Plaintiff) was a passenger on a bus driven by Defen...

Excerpt: ......

Excerpt: ...s, but nevertheless refused to purchase the vehicle. The parties settled the litigation. The settlement agreement deems Cazares the prevailing party in the litigation, which, per Civil Code Section 1794(b), entitles Cazares to recover the fees and costs that were reasonably incurred in litigating the case. The parties were unable, however, to agree on the amount of fees and costs to which Cazares is entitled. Accordingly, Cazares filed motion for...

Excerpt: ...costs, from Defendants RULING : Motion for attorney fees is granted at a reduced amount. No costs will be awarded at this time. SUMMARY OF ACTION Plaintiff Hamid Reza Mirshojae (Hamid) and Defendant Ahang Zarin Mirshojae (Ahang) were formerly married and were engaged in extensive and bitter litigation against each other before 2017. The assets in dispute were more than $20 million. At mediation, Hamid and Ahang entered a complex settlement agreem...

Excerpt: ...or attorney's fees in the amount of $63,981.25. Plaintiff shall pay this amount to Defendant's counsel within thirty days. Background The following facts are taken from the allegations in the FAC. The Court accepts them as true on demurrer. This action arises out of the termination of Jonathan Dortch's employment relationship with Part Four, LLC (“Part Four”) and its effects on Plaintiff's interest in Part Four. Part Four is a digital marketi...

Excerpt: ...ong -Beverly Consumer Warranty Act. The Complaint alleges as follows. Plaintiffs Catherine and Jonathan Nicholas leased a 2020 Cadillac Escalade with express warranties. The vehicle was delivered to Plaintiffs with serious defects and nonconformities which Defendant General Motors failed to repair after a reasonable number o f attempts. II. PROCEDURAL HISTORY On January 14, 2022, Plaintiffs filed their Complaint. On September 28, 2023, Plaintiffs...

Excerpt: ...es, Set One; Request for Monetary Sanctions Moving Party: Plaintiff Manley Thomas Responding Party: Defendant Parvis Sharaf Notice: OK Tentative Ruling: Plaintiff Manley Thomas' Motion to Compel Defendant Parvis Sharaf's Responses to Request for Production for Documents, Set One is GRANTED. Plaintiff Thomas's Motion to Compel Defendant Parvis Sharaf's Responses to Special Interrogatories, Set One is GRANTED. Plaintiff Manely Thomas' Motio...

Excerpt: ...LEAVE TO AMEND. The motion to strike is GRANTED WITH 20 DAYS LEAVE TO AMEND as to para. 78 and prayer at 2 and 4. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND as to para. 95 and prayer at 8. BACKGROUND On May 28, 2021, plaintiff Thelidria Calhoun, in and through her successor -in -interest Dimitria Calhoun, filed a complaint against Torrance Memorial Medical Center, Transitional Care Unit, Kindred Hospital Southbay, and Memorial Hospita...

Excerpt: ...April 4, 2024, the Court again notified all parties in this action by way of Case Anywhere that until further notice, Judge Elaine Lu has been assigned to Department 9, including the instant action. The Court required all parties to respond either (a) by indicating acceptance of Judge Elaine Lu to preside over this action during her temporary assignment to Department 9, or (b) by filing a peremptory challenge under Code of Civil Procedure section...

Excerpt: ... Background On March 25, 2024, Plaintiff Kristina Holman (“Plaintiff”) filed this operative Second Amended Complaint (“SAC”) against Defendants Kerlan -Jobe Surgery Center LLC; Kerlan- Jobe , LLC; Cedars-Sinai Kerlan Jobe Institute; Cedars -Sinai Medical Center; Cedars- Sinai Medical Care Foundation; Kerlan -Jobe Orthopaedic Clinic, a Medical Group, Inc. (collectively, “Defendants”); and DOES 1 through 50, inclusive, asserting eleven ...

Excerpt: ...n a wrongful death and survival action based on neglige nce and premises liability. Plaintiffs are the parents of Decedent Christopher Ryan Brown (“Decedent”) who is alleged to have drowned during a pool party on Defendants' property. Defendants Bonnie Furgurson, James Furgurson, and Katherine Furgurson (“Defendants”) now move for judgment on the pleadings arguing that Plaintiffs have not stated facts to constitute a cause of action. In p...

Excerpt: ...Alvarino Yaya (“Plaintiff”) filed the operative Complaint against Defendant Quest Diagnostics Incorporated, erroneously sued as Quest Diagnostics Clinical Laboratories, Inc. (“Defendant”) and DOES 1 -50, inclusive, asserting a cause of action for Civil Penalties under the Private Attorneys General Act (“PAGA”). On March 14, 2024, Defendant filed this instant motion for judgment on the pleadings. On March 26, 2024, Plaintiff filed his ...

Excerpt: ...ces & Homecare, Inc. dba 1Heart\ Caregivers (“Defendant”) (erroneously sued as “One Heart Car\ egivers”) and Ireneo Santos Borromeo (“Borromeo”) (erroneously sued as “Rene Borromeo”) asserting causes of action for sexual battery, elder abuse, intentional \ infliction of emotional distress, negligent hiring, supervision, and retention of u\ nfit employee, and sexual harassment. On February 9, 2024, Defendant filed this motion for j...

Excerpt: ...part: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party¿to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer.¿ The court may likewise, in its discretion, after notice to the adverse party, allow, u pon any terms as may b...

Excerpt: ...aintiffs”) RESPONDING PARTY: none NOTICE: ok RELIEF REQUESTED: An order from this Court granting Plaintiffs leave to file their Amendment to the Complaint to add two additional plaintiffs Anahi Ramirez- Bernal and Alejandro Lopez. TENTATIVE RULING: The motion is GRANTED. BACKGROUND On July 26, 2023, Plaintiffs filed their Complaint against Defendants Canyon Country Mobile Home Estates, LLC, and J&H Asset Property MGT., Inc., and Does 1 -50 (col...

Excerpt: ... Strike · Request for Declaratory Relief [Cross- Complaint, Paragraph 102 and in the Prayer for Relief] RULING : Demurrer sustained in part and overruled in part; motion to strike denied. SUMMARY OF ACTION On September 5, 2023, Cross -Defendant Golden Hammer Ops, LLC (Golden Hammer) filed the complaint that began this action. Golden Hammer filed that complaint against Cross- Complainant JETNET, LLC (JETNET) and two other Defendants. Golden Hamme...

Excerpt: ...inst\ defendants HumanGood and Steven Gowan (“Gowan”) (collectively, \ “Defendants”). On October 6, 2023, Plaintiff filed the operative \ Second Amended Complaint (“SAC”). Plaintiff asserts causes of action ba\ sed on the Fair Employment and Housing Act (“FEHA”) including discriminatio\ n, harassment, retaliation, and failure to prevent discrimination, harassme\ nt and retaliation. Plaintiff also asserts causes of action for wrong...

Excerpt: ...Third Amended Complaint ¿ Tentative Rulings: (1) DENIED without prejudice. The Court does not see in the court file any moving papers to substitute a personal representative for the Decedent, although a hearing on such a motion is on calendar ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual ¿¿¿ ¿¿¿ On April 9, 2020, Plaintiffs, Randy Malveau and Erma Malveau filed a Complaint for Preliminary and Permanent Injunction against Defendant, Earl ...

Excerpt: ...ss the Court directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no argument is rec eived. Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: Pr...

Excerpt: ... causes of action: (1) claim and delivery of personal property; and (2) money due on a contract. The complaint alleges that Ally became the owner of a written contract through written assignment in which Bridges purchased from Plaintiff's assignor a 2018 Mercedes -Benz GLE - Class, and said contract is in defect based on Bridges' failu re to make payment due and owing on April 11, 2023. On January 18, 2024, Ally filed the instant application for ...

Excerpt: ...and OVERRULED in part. The Court identifies below areas for oral argument ¿¿ I. BACKGROUND¿¿ ¿¿ A. Factual ¿¿ ¿ On January 25, 2021, Plaintiff, Palos Verdes Bay Club Inc. (“Plaintiff”) filed a Complaint against Defendants, Construction Service Group Inc. dba Hunt Bros Roofing, Bradley Hunt, National Roofing Consultants, Inc., and DOES 1 through 25. On January 25, 20 21, Plaintiff filed a First Amended Complaint. On July 6, 2021, Plai...

Excerpt: ...of allegations of an unhabitable apartment unit. On or about September 28, 2015, Plaintiff Barnett ("Plaintiff") moved into Apartment 312, where she later experienced a cockroach infestation not caused by her actions. (Complaint 12 -13.) This infestation led Plaintiff to develop severe itchiness and rashes (Complaint 14) and to discard many personal items (Complaint 15.) Despite reporting the issue and requesting professional pest control...

Excerpt: ...h defendant was the agent and employee of each other defendant. 2. Demurrer Enterprise demurs to the complaint, contending (a) the complaint contains nothing more than conclusory allegations, (b) Defendant is not liable for the accident pursuant to the Graves Amendment, and (c) the complaint is uncertain and contains conflicting a llegations. a. Request for Judicial Notice Defendant requests that the Court take judicial notice of its Statement of...

Excerpt: ...via proper judicial notice. ( Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual basis for the claim ...

Excerpt: ...acts. Plaintiffs' decedent, Jonathan Flagler, a firefighter, died while fighting a fire at 30751 Tarapaca Road Rancho Palos Verdes – a residence owned by Defendant Racisz . Plaintiffs allege causes of action for: 1. Wrongful Death; 2. Survival Action. Meet and Confer Defendant set forth a meet and confer declaration in sufficient compliance with CCP § 430.41. (Decl. Robert M. Juskie.) Request for Judicial Notice Defendant's request for judicia...

Excerpt: ...murrer without motion to strike is OVERRULED. Cross -Complainant Tree Lane, LLC's successfully pleads all the elements of the 13 th, 15 th, and 16 th causes of actions as to Cross -Defendants Toby Contrarsy and Nikki Ceniceros. Cross -Complainant Tree Lane, LLC's Objections are SUSTAINED. I. Demurrer to 13 th Cause of Action for Declaratory Relief – OVERRULED “To allege facts sufficient to state a cause of action for declaratory relief, the p...

Excerpt: ...ed the demurrer on plaintiff, the court would overrule it on the merits. Plaintiff's Complaint Plaintiff Keren Zhang's complaint alleges, in its entirety: “Keren Zhang bought a condo four years ago, and I am the only who borrow the loan and he is not, we both name on title, however, he never paid the mortgage payments, HOA fee and property tax fee u ntil now. So I would like to sue him to remove his name on title and I also require him to pay p...

Excerpt: ...l Boyadjian. Plaintiff filed a First Amended Complaint on August 24, 2023 for Breach of Contract, Stolen Property, and Malicious Sabotage. Plaintiff filed a Second Amended Complaint on January 8, 2024, adding a cause of action for Fraud on the Court. The parties have a history of litigation between them that began prior to Plaintiffs filing the instant action. In January 2022, Boyadjian filed a small claims action against Robin La Due to recover ...

Excerpt: ...ing party to provide notice. FACTUAL BACKGROUND This is an action for breach of contract/fiduciary duties brought by a corporate shareholder/former director against the subject corporations' current director/managing officer(s). The Fourth Amended Complaint ("FAC") alleges as follows. In the 1970s, plai ntiff Jerry Yarman Azarkman (“Plaintiff”) began selling electronics and other appliances as a door-to -door salesman in California af...

Excerpt: ... fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judic...

Excerpt: ...with 30 days leave to amend as to the first cause of action for breach of contract, the second cause of action for fraud and the third cause of action for negligent misrepresent ation. The court sets an OSC Re: Amended Complaint for May 10, 2024, at 8:30 a.m. Defendants to give notice. BACKGROUND On October 10, 2023, Kevin Kim (“Plaintiff”) filed a Complaint against Bruce Haebong Lee (“Lee”); Seven Seung Woo Bae (“Bae”); Masters Realt...

Excerpt: ... Plaintiff Luis Licea filed an opposition. The demurrer is overruled. Legal Standard for Demurrers A demurrer is an objection to a pleading, the grounds for which are apparent from either the face of the complaint or a matter of which the court may take judicial notice. (Code Civ. Proc., § 430.30, subd. (a); see also Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The purpose of a demurrer is to challenge the sufficiency of a pleading “by raising ...

Excerpt: ... decision. A. Statement of the Case 1. The Petition Plaintiffs filed the Complaint on February 5, 2024. On February 7, 2024, Plaintiffs filed the FAC, which is the operative pleading. The FAC is made against Defendants Cha, Young Nae Lee, aka Brandon Lee (“Lee”), Benedict J. Pak (“Pak”), and Los Angeles Korean Festival Foundation (“Foundation”), a California corporation, as a nominal Defendant. Plaintiffs moved for declaratory and inj...

Excerpt: ...ons, 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[.]” ( Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) “The rules by which the sufficiency of a complaint is tested against a general demurrer are well settled. We not only treat the...

Excerpt: ... (“Santa Monica”). The vehicle allegedly developed transmission and other defects, of which Ford had exclusive knowledge. Ford allegedly failed to repair or replace the vehicle. Among other causes of action, Plaintiff alleges claims for violations under the Song -Beverly Consumer Warranty Act (“SBA”), violation of the Magnuson -Moss Warranty Act, negligent repair against Santa Monica (�ifth cause of action), and fraudulent inducement --...

Excerpt: ...use of action, without leave to amend as to the 8th cause of action, and overruled as to the 1st, 2nd, 5th, 6th, and 7th causes of action. Defendants Torres General Contractors Inc. (“Torres”), Thomas Kim (“Thomas”), Richard Kim (“Richard”), Jacob Mullem (“Jacob”), and Jonghwa Won (“Won”) (collectively, “Defendants”) demur to the 1st, 2nd, 4th, 5th, 6th, and 7th causes of action in Plaintiff Goodson Real Estate Co.'s (“G...

Excerpt: ...ated at 2025 Avenue of the Stars in Los Angeles (the “Property”). Plaintiff Quality Cabinet and Fixture Company, LLC (“Plaintiff”) entered into a subcontract with Defendant Webcor Construction L.P. dba Wecor Builders (“Webcor”) and Plaintiff alleges that, among other actions, Webcor breached the subcontract. On October 12, 2022, Plaintiff filed a Complaint against Defendants Webcor, Next Century Partners, LLC, Century Plaza Master Ass...

Excerpt: ...ued. On February 25, 2022, Plaintiff Nataly Consuelo (Plaintiff) filed a Complaint alleging 14 employment -related causes of action stemming from an alleged assault, including, but not limited to, harassment, discrimination, retaliation, failure to engage in the interactive process, failure to provide a reasonable accommodation, wrongful termination, and whistleblower retaliation. On October 11, 2023, the parties – Defendants Lyneer Staffing So...

Excerpt: ...automobile incident At this time, State Farm Mutual Automobile Insurance Company ("State Farm") moves for leave to intervene in the case, contendmg it is the automobile insurer for defendant Christian Jonathan Mejia ("Mejia"). State Farm contends it has a direct interest in the litigation due to the insurance policy issued to its insured, Mejia, and that it wnll be required to satis$ any judgment obtained against Mejia. State Farm avers Mejia has...

Excerpt: ...Ds a. Procedural History The Court was originally scheduled to hear this motion on 2/29/24. The issue presented was whether Defendant must produce certain “incident reports” relating to the subject fall. The Court issued a tentative ruling granting the motion to compel further responses to RPDs, and ultimately requiring Defendant to produce the reports. The Court's tentative ruling was based on the fact that case law places the burden to show...

Excerpt: ...edly falling after being transported to her home from a health care facility. Plaintiff now moves for an order granting a preferential trial date in this action, pursuant to Code of Civil Procedure section 36, subdivision (a) (“Section 36(a)”), and alternatively under section 36(e), for trial within 120 days from the date of this he aring. Defendant OMID ADHC Corporation (“Defendant”) opposes and Plaintiff replies. A Non -Jury Trial is cu...

Excerpt: ...aintiffs') filed the Complaint in this action on September 14, 2022, followed by a First Amended Complaint and Second Amended Complaint (“SAC”). At the time of the incident, Sebastian was 5 years old and Lincoln was 9. In the SAC, Plaintiffs assert claims against City of South Pasadena (“City”); National Association of Town Watch, Inc. (“Town Watch”); and Does 1 through 100. Plaintiffs include in their SAC four causes of action for st...

Excerpt: ...on agreement. The Court would otherwise grant the motion under the third-party beneficiary exception, but AHM should have filed this motion within weeks of receiving plaintiff's August 2023 discovery responses. ¿ I. BACKGROUND¿¿ ¿¿ A. Factual ¿¿ ¿¿ On June 9, 2023, Plaintiff, Jason Robert Meader (“Plaintiff”) filed a Complaint against Defendants, American Honda Motor Co., Inc, and DOES 1 through 10. The Complaint alleges causes of ac...

Excerpt: ...ought by Plaintiff Christopher Go and staying this matter until arbitration has been conducted in accordance with the Order to Arbitrate; an d (2) An order imposing monetary sanctions in the amount of $8,530.00 against Plaintiff Christopher Go and his counsel pursuant to CCP 128.7 . RULING : The motion to compel arbitration and stay this action is granted. The motion for sanctions is denied. SUMMARY OF ACTION AND PROCEDURAL HISTOR Y This action a...

Excerpt: ...position has been received. The court GRANTS Defendants' motion to compel compliance with subpoena duces tecum. Specialty Eye Center is ordered to produce the requested documents within twenty (20) days of this Order. Background This is a legal malpractice case. Plaintiff Lisa Berberian filed this action on October 5, 2022 against defendants Stephan Filip P.C. and Stephan Airapetian, alleging causes of action for (1) Professional Negligence; (2) ...

Excerpt: ...es 1 to 10 for negligence and negligent entrustment surrounding a motor vehicle accident. Plaintiffs alle ge that Matthew Ellison was driving the subject car, which was rented from and owned by The Hertz Corporation. Defendants Matthew Ellison and The Hertz Corporation (“Defendants”) now move to compel the depositions of Plaintiffs Eduard Davtyan and Grigor Davtyan (“Plaintiffs”). Defendants seek monetary sanctions. Plaintiffs oppose and ...

Excerpt: ... Han Gap -Su aka Sebastian Han, who was named for the first time as a cross -defendant. The essence of the cross - complaint is that Hanseo leased aircraft to Mi Air, which was owned and operated wholly by Han, and MI Air/Han failed to pay lease fees and failed to return the aircraft to Hanseo. Additionally, Hanseo alleges MI Air and Han are improperly using the aircrafts for their own benefit. The cross-complaint includes claims for breach of co...

Excerpt: ...gainst Defendants, Russell S. Balisok (“Balisok”) and Balisok & Associates, Inc., arising out of Defendants' legal representation of Plaintiff in an underlying elder abuse a ction. On September 27, 2023, Plaintiff served Balisok with Set Two of basic discovery, including Request for Production of Documents (“RFP”). On December 27, 2023, Balisok served unverified responses to the RFPs. Plaintiff took issue with the lack of verification and...

Excerpt: ...nctioned, jointly and severally with counsel, $3,500.00. Plaintiff is directed to address all metadata issues associated with its two most recent productions, within 30 days of entry of this order. If Plaintiff failed to resolve this issue, One Day Defendant may renew its request for an OSC: re contempt. On April 21, 2022, Plaintiff CBD Franchising, Inc. (“Plaintiff”) filed a complaint against Defendants Central Jersey Doors & Closets, LLC, M...

Excerpt: ... 18PSCV00026 Plaintiff Meritage Homes of California, Inc. (“Meritage”) alleges as follows: Michael Barker International Inc. fka RBF Consulting (“MBI”) failed to properly perform engineering services in connection with the development of the Creekside residential subdivision in La Verne, California (“Creekside”). On October 12, 2018, Plaintiff filed a First Amended Complaint, asserting causes of action against MBI and Does 1-200 for: ...

Excerpt: ...r Responses to RFPs (Set One) (2) Motion to Compel Further Responses to RFPs (Set Two) (3) Motion to Compel Further Responses to Special Interrogatories (Set One) The Court considered the moving papers, opposition, and reply, as well as the parties' Joint Statement. Plaintiff's Motion to Compel Further Responses to RFPs (Set One) is GRANTED as to RFP Nos. 28 -34 and DENIED as to RFP Nos. 1- 27. Plaintiff's Motion to Compel Further Responses to RF...

Excerpt: ...nt Rachel Cruz (“Rachel”) [1] and several students were lined up to “burn rubber” (i.e., engaging in sharp turns and driving recklessly around the lot at high speeds) when Decedent was thrown from the back of a truck driven by Rachel, sustaining blunt trauma to his head, feet, and legs , and, ultimately, leading to his death. Plaintiff presents that there were no security officers or school administrators present during the incident. On N...

Excerpt: ...nswered under oath.” (Code Civ. Proc., § 2030.010(a).) If a propounding party is not satisfied with the response served by a responding party, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., § 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) The propounding party must demonstrate that the responses were incomplete, inadequate or evasive...

Excerpt: ...ilure to Prevent, and (9) Constructive Termination against Defendants Sood Enterprises, Inc. dba Jack in the Box 325 (“Sood”), Jose Aldana Garcia (“Garcia”), and DOES 1-50. On November 7, 2023, Defendants Sood and Garcia filed their joint Answer. On October 20, 2023, Defendant Reynaga filed his Answer. Bench Trial is currently set for August 5, 2024. (1)-(3) and (5)- (8) Rogs and RFPs Plaintiff now moves this court, per Code of Civil Proc...

Excerpt: ...sign Inc. (“DSD”), Wilmer Rolando Cruz Lopez, and Babken Ovsepian for damages arising out of a motor vehicle accident, specifically when she collided with a Ford F250 carrying concrete. DSD now moves for an order compelling Plaintiff to attend a mental examination with psychologist/neuropsychologist Kyle B. Boone, Ph.D., ABPP-ABCN, (“Dr. Boone”) at 24564 Hawthorne Boulevard, Suite 208, Torrance, CA 90505. Plaintiff opposes the motion, and...

Excerpt: ...nts and things in plaintiff's possession, custody, or control, whi ch are responsive to defendant's request, within 15 days. The court orders that plaintiff pay defendant a monetary sanction in the amount of $1,190 within 30 days. BACKGROUND On July 25, 2023, plaintiff Artemio Salas filed a complaint against Sandi Flores for (1) quiet title, (2) breach of contract, (3) recovery by one under the doctrine of estoppel, (4) declaratory relief, and (5...

Excerpt: ...he court will inquire whether the sanctions were paid. This is a landlord -tenant action filed by the tenant against the landlords. Although plaintiff has not lived in the unit for some time due to alleged hazardous conditions, she has continued to maintain legal possession of the unit. At issue in this motion is an inspection done by her expert. Although plaintiff has possession of her unit, and she has legal access to common spaces, she does no...

Excerpt: ...RY SANCTIONS IN THE AMOUNT OF $3,000 BACKGROUND This case arises from a dispute over an allegedly defective 2020 GMC Sierra Denali. On September 24, 2020, Plaintiff William Keating, Jr. (“Plaintiff”) purchased a new 2020 GMC Sierra Denali that Defendant General Motors, LLC (“Defendant”) manufactured. (Compl. ¶¶ 4 - 7.) It is further alleged that the sale of the subject vehicle was accompanied by express and implied warranties. (Id. at �...

Excerpt: ... a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” ( Aguilar v. Atlantic Richfield Co . (2001) 25 Cal.4th 826, 843.) “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contend...

Excerpt: ...'Brien's Complaint is GRANTED. Defendant met their burden to provide material facts to negate multiple elements of the Plaintiff's complaint, and to esta blish an affirmative defense. Plaintiff did not meet their burden to show that a triable issue of one or more material facts exists as to that cause of action or defense. Where a defendant seeks summary judgment or adjudication, he must show that either “one or more elements of the cause of ac...

Excerpt: ... of action are: 1. Forcible Entry; and 2. Forcible Detainer. Defendant has filed a motion requesting summary judgment against Plaintiff, or summary adjudication of the Affirmative Defense of Abandonment. Plaintiff opposes the motion. LEGAL STANDARD In moving for summary judgment or summary adjudication, a “defendant . . . has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of...

Excerpt: ... decision. A. Statement of the Case 1. Petition Dennis commenced this lawsuit on November 2, 2023, against Respondents Tony Tseng, individually, Snapwize, Inc., a corporation, and Totencarry Inc., a corporation. The operative pleading is t he First Amended Petition (“FAP”), which was filed on January 26, 2024 and seekig mandamus to permit inspection of corporate records. The FAP alleges in pertinent part as follows. Dennis filed this action b...

Excerpt: ...nspection of the subject property is DENIED. ANALYSIS Motion For Protective Order Plaintiff moves for a protective order regarding an inspection of the subject property pursuant to Civ. Proc. Code, § 2031.060, which states in pertinent part: (a) When an inspection, copying, testing, or sampling of documents, tangible things, places, or electronically stored information has been demanded, the party to whom the demand has been directed, and any ot...

Excerpt: ...n attorney declaration of necessity. Plaintiffs believe the interrogatories are excessive. The parties met and conferred, but were unable to resolve their issues. Plaintiffs move for a protective order at this time. 3. Law Governing Interrogatories in Excess of 35 CCP §2030.030 limits the number of interrogatories that can be propounded to 35. §2030.040 permits a party to propound more than 35 special interrogatories with a declaration of neces...

Excerpt: ...il 2, 2024 RELIEF REQUESTED Plaintiffs move for an order imposing monetary and evidentiary sanctions. BACKGROUND This claim arises out of Plaintiffs Ik Hoon (“Ik Hoon”) Choi and Hannah Choi (“Hannah”) (collectively “Plaintiffs”) claim that Defendant Filippo Marchino's (“Defendant”) dog bit plaintiff Ik Hoon. Plaintiffs filed their complaint on September 4, 2023. TENTATIVE RULING Plaintiffs' motion for sanctions is DENIED. DISCUSSI...

Excerpt: ...lobal Win”). The Court DENIES the motion for summary adjudication. Background Plaintiff is Global Win's former Chief Financial Officer. Plaintiff alleges that he was terminated in retaliation for his whistleblower complaints. Defendant alleges that it terminated Plaintiff for incurring unapproved unreasonable business expenses. On November 24, 2020, Plaintiff filed this lawsuit against Global Win Xiaobei Ellis Liu, Shanying International Holdin...

Excerpt: ...mmary judgment. Background The following facts are taken from the parties' separate statements except where otherwise noted. The Court does not consider the parties' reply separate statements, which are not authorized by statute. ( Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 252.) This case is an insurance coverage dispute under an environmental liability policy which Admiral issued to Canyon Country. The policy for “Cleanup Cost...

Excerpt: ...�Wang”), Yaoning Sun (“Sun”\ ), Yuntao Chen (“Chen”), Jennifer Cheung (“Cheung”), and American South\ west Chamber of Commerce USA (“ASCC”). On October 25, 2023, Cheung filed a motion for an undertaking in the amount of $50,000. On November 22, 2023, Plaintiff filed this motion for sanctions and attorneys' fees against Cheung and counsel of record pursuant to sect\ ion 128.5 of the Code of Civil Procedure. Code of Civil Procedur...

Excerpt: ...ry Judgment 2. Plaintiff's Response to Separate Statement 3. Plaintiff's Objections to Evidence 4. Declaration of Gary M. Gsell 5. Declaration of John C. Sotter 6. Plaintiff's Compendium of Evidence REPLY PAPERS 1. Defendant's Reply 2. Defendant's Evidentiary Objections to Declaration of Gary M. Gsell 3. Defendant's Evidentiary Objections to Declaration of John C. Sotter BACKGROUND On May 2, 2022, Plaintiff Je'Don Hopkins (“Plaintiff”), filed...

Excerpt: ...ppear by LACourtConnect rather than in person due to the COVID-19 pandemic. On June 1, 2022, Plaintiff Diego Mejia Duarte filed the operative Complaint for violations of the PAGA against Defendant Apple, Inc. Defendant now moves for summary judgment on the ground that Duarte does not have standing because he did not suffer any Labor Code violations. Specifically, Defendant argues that “Plaintiff identified the following items that he claims sho...

Excerpt: ...AC alleges that “[o]n or about April 24, 2020, plaintiff Rosa M. Kingsbury was on the premises of defendants' grocery store for the purpose of purchasing groceries. Defendants maintained the premises in an unsafe condition as pallets were present whic h were unstable and maintained in a manner where customers could and were harmed. Plaintiff Rosa M. Kingsbury attempted to obtain products and the pallet gave way causing serious physical injuries...

Excerpt: ...2413 Dardeene Street, Calabasas, CA 91302 (the “Subject Property”). On January 10, 2024, Plaintiff Arkas LLC (“Plaintiff”) filed a Verified Complaint for Unlawful Detainer (the “Complain t”) against Defendants Lloyd Douglas Dix aka Lloyd Dix, Mary Linda Dix aka Mary Dix, Michael Alexander Dix aka Michael Dix, All Unknown Occupants, Tenants, and Subtenants (collectively “Defendants”), and DOES 1 through 20, inclusive. The Complaint...

Excerpt: ...dispute. Introduction Defendant Peggy Nipar, Trustee of the Charles A. Orwick, III Trust of 2001 and the Charles A. Orwick Charitable Remainder Trust (Defendant or Orwick) moved for summary judgment (MSJ) and alternatively for summary adjudication (MSA) against Plaintiff Tom Gr immett, trustee of JP's Nevada Trust's Second Amended Complaint (SAC). The MSJ/MSA placed into issue the first cause of action (COA) for fraud, the fourth COA for declarat...

Excerpt: ...y judgment on its claims, or summary adjudication of the following issues: 1) Defendant Sanderson's obligation under the parties' lease agreement to pay rent to Plaintiff between April 2020 and December 2020 was not excused due to the COVID-19 pandemic and resulting government orders; 2) Defendant Sanderson abandoned the Premises on November 25, 2020; and 3) Defendant Sanderson's fixed- term lease for the premises expired on December 31, 2020. Pl...

Excerpt: ... Sims and Panjwani are OVERRULED. Both Sims and Panjwani present adequate foundation in personal knowledge, based on their positions and ordinary job duties, for their familiarity with the policies and practices of the Probation Department's Disability Management and Compliance Unit (or Return- to-Work Unit). Plaintiff does offer meritorious objections to portions of these declarations, to the extent they purport to rely on records related to Pla...

Excerpt: ...g summary judgment, or, in the alternative, summary adjudication in favor of Plaintiff and against Defendant. TENTATIVE RULING: The unopposed motion is granted. BACKGROUND¿ This is a collections action in which Plaintiff alleges that on 6/24/21, Defendant executed a loan agreement “ in the principal sum of $20,000.00, which was payable in monthly installment payments of $411.58, beginning on August 8, 2021, with one final payment of $411.18, d...

Excerpt: ...��Wesley”) (“Plaintiff”) 6th, 7th, and 15th causes of action in his second amended complaint. (Notice Motion, pg. 2.) Defendant moves in the alternative for summary adjudication of Plaintiff's 6th [ Issue 1], 7th [Issue 2 ], and 15th [ Issue 3] causes of action, and Plaintiff's claim of punitive damages [ Issue 4]. (Notice Motion, pg. 2; C.C.P. §437c.) Evidentiary Objections Defendant's 4/4/24 evidentiary objections to the Declaration of C...

Excerpt: ...ACTION Plaintiff Sylvia Leon (Plaintiff) filed her complaint in this action on January 31, 2023. She alleged causes of action for fraud, quiet title, cancellation of deeds, and declaratory relief. Her complaint was based on allegations that a grant deed dated May 22, 2018, was prepared by or at the request of Defendants Samuel Pineda and Samuel Eduardo Pineda that purportedly conveyed the real property located at 13493 Filmore Street, Pacoima, CA...

Excerpt: ...through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” ( Aguilar v. Atlantic Richfield Co . (2001) 25 Cal.4th 826, 843.) “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of ...

Excerpt: ...on October 20, 2021 against Defendants Air Tiger Express (USA) Inc. (“ATE”) and Matthew Tran (“Tran”) (jointly, “Defendants”). The Complaint alleges causes of action for (1) discrimination on the basis of age, (2) harassment, (3) retaliation, (4) failure to prevent discrimination, harassment, or retaliation, and (5) wrongful termination in violation of public policy. Defendants now move for summary judgment or, in the alternative, sum...

Excerpt: ...ion of their second amended cross -complaint's first cause of action for quiet title and fourth cause of action for cancellation of instruments against Perry Lazar, Plone Trust, Bruce R. Cook, and William E. Devin, III. Requests for Judicial Notice Various parties request judicial notice of numerous documents. All documents are subject to judicial notice for their existence and legal effects. The court grants all requests for judicial notice. The...

Excerpt: ...ick Arbuckle ("Arbuckle") for damages arising from an automobile accident.LMafra-Neto and Spencer filed a cross-complaint agamst Arbuckle and Roes 1 to 50 for contribution, indemnity, and declaratory relief. Defendants/cross-complainants Mafra-Neto and Spencer (collectively, "Defendants") now move for an order requirmg Plaintiff to postan undertakmg in the sum of $48,794.70 pursuant to Code Civ. Proc. 5 1030. Plamtiff opposes the motion, and Defe...

Excerpt: ...t E&B Natural Resources Management Corporation (E&B) sought to purchase a 25% stake in WGH. Due to financial issues with its lenders, E&B could not directly deal with WGH. Instead, E&B allegedly formed Defendant Triton LA , LLC (Triton) to hold E&B's 25% interest in WGH. The complaint alleges that the arrangement was induced by fraud and that Defendants merely sought to take over WGH's assets for themselves. Triton allegedly demanded a higher own...

Excerpt: ...TERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination action that was filed on August 9, 2023. Plaintiff alleges that he was harassed and ultimately terminated for sustaining a work -related injury and requiring accommodations for his resulting disability. Defendants move to compel this matter to binding arbitration pursuant to an arbitration agreement. TENTATIVE RULING: Defendants' Motion to Compel Arbitration is GRANTED. All fut...

Excerpt: ...rch 28, 2024 RELIEF REQUESTED Plaintiff moves for an order compelling Defendant to produce its person most qualified for deposition. BACKGROUND This case arises out of Plaintiff Christel G. Franco's (“Plaintiff”) claim that Defendant Kia Motors America, Inc. breached an agreement to repurchase a 2023 Kia Sportage, Vehicle Identification Number 5XYK6CAF8PG024689 (“Subject Vehicle”). Plaintiff filed this complaint on May 23, 2023. TENTATIVE...

Excerpt: ...ng from a motor vehicle accident On January 25, 2024, Plaintiff filed the instant motion moving the Court for an order compelling Moller to provide further responses to Request for Identification and Production of Documents ("RPDs"), set three. More particularly, Plaintiff seeks an order compelling Moller to produce further responses to request no. 60, which seeks Mollers medical records related to injuries suffered from the incident Plaintiff co...

Excerpt: ...ss-Complaint filed by Lowe's Home Centers, LLC • 12/29/23: Cross-Complaint filed by Jacobe Enterprises, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort action alleging that Plaintiff Montoya -Bautista developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Defendant Caesarstone Ltd moves to withdraw its ...

Excerpt: ...UCTION In this lemon law action, Plaintiff Elena Rubio (Rubio) alleges she bought a defective 2018 Honda Accord. The Complaint contains three causes of action: (1) lemon law - express warranty, (2) lemon law - implied warranty and (3) lemon law- Section 1793.2. Pla intiff filed the instant motion to compel further responses to Requests for Production on December 29, 2023. Defendant Honda filed an opposition on March 25, 2024. Plaintiff filed a re...

Excerpt: ...ctions against Willerford and in favor of JW Brands in the amount of $1,660.00 . RULING : The request to compel responses, without objections, is granted. The request for sanctions is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of an agreement between Defendant 024 Management Services, Inc. (024 Management), Defendant JW Brands LLC (JW Brands) and Plaintiffs Chris Lacroix (Lacroix) and Martin Willerford (Willerford) (coll...

Excerpt: ...§§2030.210(a) and 2030.220 without objections within 20 days. Plaintiff LACAA, LLC's request for monetary sanctions on the motion to compel responses for its Form Interrogatories (Set One) is granted in the reduced amount of $818.91 against Defendant Arthur Yoon aka Arthur Youngki Yoon and his attorney. Sanctions are payable within 20 days. Plaintiff LACAA, LLC's unopposed motion to compel Defendant Arthur Yoon aka Arthur Youngki Yoon to provid...

Excerpt: ...defendants Helen Ross (“Ross”) and Lotusan LLC (“Lotusan”) (collectively, “Defendants”). Plaintiff asserts causes of action\ for: (1) breach of contract, (2) breach of implied warranty of habitability, (3) breach\ of implied warranty of quiet enjoyment, (4) negligence, (5) nuisance, (6) breach of the covenant of good faith and fair dealing, (7) constructive eviction, an\ d (8) failure to return deposit. On October 27, 2023, Plaintiff ...

Excerpt: ...urisdiction pursuant to C.C.P. §664.6. The Court orders Defendants execute the final agreed upon Grant of Permanent Easement to Plaintiff within fifteen days of this ruling. The Court grants Plaintiff an extension of time of at least two (2) months to relocate the front portion of metal and wo od fence pursuant to the terms of the Settlement Agreement and Mutual Release. Plaintiff Delia M. Ibarra, Trustee of the Ibarra Family Trust (“Ibarra”...

Excerpt: ... working with “toxic” stone products led to the development of silicosis and death of Garcia -Leon on February 16, 2023. On May 22, 2023, Plaintiff filed a 582 paragraph complaint for negligence, strict liability – warning defect, strict liability – design defect, fraudulent concealment, and breach of implied warranties. The complaint names a multitude of parties comprised o f suppliers, sellers, etc. The case was deemed non-complex on Ju...

Excerpt: ... PROCEEDINGS: This is an action for quiet title and injunctive relief. Plaintiff contends that Defendant is fraudulently claiming ownership of the property in which Plaintiff resides and which he contends that he owns. Defendant Amy Pham brings a renewed motion to require Plaintiff to furnish security as a vexatious litigant. TENTATIVE RULING: Defendant Amy Pham's Renewed Motion to Order Plaintiff to Furnish Security is DENIED. DISCUSSION: Defend...

Excerpt: ...: Defendants The Northeast Community Clinic, Emma Blandina Trejo, M.D., and Sandra Chu Damiani, M.D. SERVICE: Filed March 8, 2024 OPPOSITION: Filed March 24, 2024 REPLY: No reply filed. RELIEF REQUESTED Plaintiff moves for an order striking or taxing Defendants' memorandum of costs. BACKGROUND This case arises out of Plaintiff Florence M. Sanchez's (“Plaintiff”) claim that Defendants Emma Blandina Trejo, M.D. (“Dr. Trejo”), Sanda Chu Dami...

Excerpt: ...ant”) for damages arising from an automobile incident. The complaint sets forth two causes of action for (1) motor vehicle negligence and (2) negligence per se. The complaint includes a prayer for punitive damages as to the second cause of action. Defendant now moves to strike the prayer for punitive damages at page 6, line 4, of the complaint. As of March 24, 2024, no opposition was filed. II. MOTION TO STRIKE 1. Procedural Standard Before fil...

Excerpt: ...ARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY ADJUDICATION IS DENIED. DEFENDANTS 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, oppositions, and replies. BACKGROUND On February 7, 2023, Plaintiffs A-Ju Realty, Inc. and Yun Sam Chung f...