Excerpt: ...ve order is granted. SUMMARY OF ACTION This action arises out of the care and treatment of Plaintiff Richard Leyva (Plaintiff) at Defendant Sylmar Health and Rehabilitation Center, Inc.'s (Defendant) 24 -hour nursing facility. Plaintiff has alleged causes of action related to elder abuse and neg ligence. Plaintiff alleges that Defendant and the owner of the facility failed to protect him from multiple falls, the final of which resulted in a traum...

Excerpt: ...ED. Plaintiff Shelly Hart's Request for Judicial Notice is GRANTED but only as to the existence of the documents and not as to hearsay and facts in dispute. Introduction Plaintiff Shelly Hart (Plaintiff) demurred to Defendants LPF Triana LLC (converted from LPF Triana, Inc. (Triana Inc.)) (Triana LLC), LaSalle Investment Management, Inc. (LIMI), and Kyle Dupree's (Dupree) (collectively, Defendants) Verified Amended Answer (Answer) filed on Octobe...

Excerpt: ...; KAYLA S. JAGODA, M.D., an individual; TAYLOR W. BURKHOLDER, M.D., an individual; SYLVIA HSIN -HUE YEH, M.D., an individual; MICHAEL LEESON, M.D., an individual; ANNIE LE, R.N., an individual; CASEY RODRIGUEZ, R.N., an individual; TRA CY HARADA, R.N., an individual; STEPHANIE LUONG, R.N., an individual; and DOES 1 to 100, Inclusive, Defendants. Case No.: 21STCV46931 DEPARTMENT 45 TENTATIVE RULING Complaint Filed: 12/23/21 Trial Date: None set He...

Excerpt: ...April 8, 2024 RELIEF REQUESTED Defendant demurrers to Plaintiff's complaint. BACKGROUND This case arises out of Plaintiff Jane Doe K.B.'s (“Plaintiff”) claim she was the victim of childhood sexual assault and abuse between 1975 and 1977. Plaintiff filed this case on November 21, 2022 pursuant to Code of Civil Procedure section 340.1. TENTATIVE RULING Defendant's demurrer to Plaintiff's complaint is OVERRULED. LEGAL STANDARD A general demurrer...

Excerpt: ...��We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its p arts in their context.” ( Id . at p. 318; see also Hahn. v. Mirda (2007) 147 Cal.App.4th 740, 747 [“A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only w...

Excerpt: ...Civil Code Section 1793.2 2. Violation Of Subdivision (B) Of Civil Code Section 1793.2 3. Violation Of Subdivision (A)(3) Of Civil Code Section 1793.2 4. Breach Of The Implied Warranty Of Merchantability (Civ. Code, § 1791.1; § 1794; § 1795.5) 5. Negligent Repair 6. Fraudulent Inducement - Concealment On February 23, 2024, Defendants filed the instant demurrer. On April 2, 2024, Plaintiff filed his opposition. On April 8, 2024, Defendants file...

Excerpt: ...Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a lemon law action filed on July 24, 2023. Plaintiffs purchased a 2020 Ford Explorer equipped with a 10R60 transmission system which they allege has a series of known defects causing hesitation, shuddering, and shifting issues. Defendants demur to the fifth cause of action for fraudulent concealment and the sixth cause of action for negligent repair. TENTATIVE RULING: Defend...

Excerpt: ...R Shoes) pursuant to a September 18, 2023, Complaint alleging claims of (1) Violations of the California Invasion of Privacy Act (Cal. Penal Code § 631) and (2) Violations of the California Invasion of Privacy Act (Cal. Penal Code § 632.7). The claims arise from the following allegations. RR Shoes secretly enables and allows a third - party spyware company (Freshworks) to eavesdrop on the private conversations of everyone who communicates throu...

Excerpt: ...omplaint against Defendant, Cristina Ricalday, and DOES 1 through 100. On January 4, 2 024, Plaintiffs filed a First Amended Complaint (“FAC”) alleging causes of action for: (1) Breach of Contract; (2) Misappropriation of Trade Secrets; (3) Intentional Interference with Contractual Relations; (4) Intentional Interference with Prospective Economic Advantage; (5) Negligent Interference with Prospective Economic Advantage; and (6) Unfair Busines...

Excerpt: ...geles, LLC's Motion to Strike Portions of Plaintiff's Complaint is deemed MOOT . BACKGROUN D On November 16, 2023, Plaintiff Roberto Lopez filed a complaint against Defendant Aurora Charter Oak – Los Angeles, LLC (Aurora), alleging general negligence, medical negligence, and intentional torts . On December 4, 2023, Aurora filed the present demurrer and motion to strike. Prior to filing, Aurora's counsel attempted to meet and confer by sending a...

Excerpt: ... 08/17/23: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination and sexual harassment action. Plaintiff alleges that she was sexually harassed and assaulted by her co -workers. Defendants Cameo Hotel Inc and Valley Active Properties, LLC demur to the first, second, and sixth causes of action in the first amended complaint and move to strike portions of the prayer for damages in the Fi...

Excerpt: ...nd Benjamin G. Shatz, alleging: (1) professional negligence; (2) breach of implied contract; and (3) common counts. On 7/5/2023, Cross-Complainant Manatt, Phelps & Phillips, LLP filed a cross- complaint (XC) against Waring Plaza Properties, L.P., alleging: (1) breach of written contract; (2) open book account; and (3) quantum meruit; and (4) breach of implied-in- fact contract. Now, Manatt, Phelps & Phillips, LLP and Benjamin G. Shatz (collective...

Excerpt: ... Grocery ("Mini Maro for damages arising from a motor vehicle accident that occurred on February 21, 2020. The complaint sets forth two causes of action for general negligence and motor vehicle negligence against all defendants. Mmi Mart now moves for judgment on the pleadings on the grounds that Plaintiffs complaint does not state sufficient facts to constitute a cause of action against it Plaintiff opposes the motion. Any reply was due on or be...

Excerpt: ...court has set a date for trial.” (Code Civ. Proc., § 428.50(a) –(b).) A cross-complaint filed outside either of the aforementioned times requires leave of court, which may be granted “in the interest of justice at any time during the court of the action.” (Code Civ. Proc., § 428.50(c).) A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or ...

Excerpt: ...emises suffered a sewer back-up incident causing excessive damages. Plaintiff also alleges the Association acted in bad faith by promulgating proposed rule changes h armful to Plaintiff and in violation of applicable laws. Plaintiff asserts claims against 4220 Bellflower, Inc., the association's president, and the property manager for (1) negligence, (2) violation of Davis-Stirling Common Interest Development Act, (3) Violation of CC&Rs, (4) inte...

Excerpt: ...vocating, a pleading, petition, written notice of motion, or other similar paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met: (1) It is not being presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost...

Excerpt: ...de meal breaks and rest periods, (4) Labor Code section 203 wages, and (5) Labor Code section 226 damages. On February 28, 2024, Plaintiff filed this motion for leave to file an amended complaint. LEGAL STANDARD Under Code of Civil Procedure section 473, subdivision (a)(1), “[t]he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading.” Amendment may be allowed at any time before or after ...

Excerpt: ...papers. BACKGROUND On September 7, 2023, Plaintiff Jinhee Kim filed the operative Second Amended Complaint alleging causes of action for (1) breach of oral agreement, (2) wrongful retention of security deposit per Civ. Code §1950.7(C), (3) money had and received, (4) breach of covenant of quiet enjoyment, and (5) California unfair competition under Cal. Bus. & Prof. Code §§ 17200, et seq. Defendant Brandon Kim seeks leave to file a cross -comp...

Excerpt: ...cond Amended Verified Complaint FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Angela Mendoza brings this action against defendants Mohave Transportation Insurance Company and Joseph Samaha for damages plaintiff alleges plaintiff suffered arising from a motor vehicle cause of action. The operative complaint, the First Amended Complaint, is a form complaint which attaches no cause of action forms. The initial complaint alleges that defendant Samaha ...

Excerpt: ...declaratory r elief against the Los Angeles Unified School District (the “LAUSD” or the “District”), as well as the Board of Education and Superintendent (collectively, “Respondents”). Petitioners move for a preliminary injunction to prevent the LAUSD from using a school facility, constructed with Charter School Finance Program (“CSFP”) funds, for anything other than a qualified charter school, per the Charter School Facilities Pr...

Excerpt: ...SCH”) The Court has considered the moving, opposition, and reply papers. BACKGROUND On June 20, 2023, Plaintiffs Glass House Brands Inc., Kyle D. Kazan, and Graham Farrar (collectively, “Plaintiffs”) filed a Complaint against Defendants South Cord Holdings LLC, South Cord Management LLC, Elliot Lewis, Damian Martin (collectively, “Defendants”), and DOES 1 through 100, inclusive for: (1) Defamation Per Se; (2) Defamation Per Quod; and (3...

Excerpt: ...erve admissions response to defendant and cross- complainant's Requests for Admissions, Set One FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Erika W. Navarrete (referenced in the complaint caption with the spelling Navarete, and in some portions of the complaint as Navarette) alleges that in November of 2021, she acquired an interest in a single -family residential dwelling in South El Monte with defendant David A. Rodriguez, and that at the time...

Excerpt: ... intent to appear is requested. Unless 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 received. Notice may be given either by email at [email protected] or by telephone a...

Excerpt: ...ive, motion for summary adjudication is DENIED. Plaintiffs Deanna Turner, Jean Mejia, and Chi Cho's motion for summary adjudication on their first cause of action for violations of the Investigative Consumer Reporting Agencies Act in the Complaint is DENIED. On July 22, 2022, Plaintiffs Stacey Carr- Susor, Chi Cho, Deanna Turner, and Jean Mejia filed suit against Barrington Pacific, LLC (“Barrington Pacific”), and Does 1 through 30, inclusive...

Excerpt: ...iation, Inc. (“Defendant”) and Does 1 through 100, asserting causes of action for general negligence and premises liability. Defendant filed an answer on February 2, 2024. Previously, Plaintiff, represented by the same counsel, filed a similar complaint on October 14, 2022, seeking to recover for what appears to be the same injury against GP Rah Enterprises Inc. and Does 1 through 100, under Case No. 22STCV33609. (Torres-Brito Decl., ¶ 2; Re...

Excerpt: ...iation, Inc. (“Defendant”) and Does 1 through 100, asserting causes of action for general negligence and premises liability. Defendant filed an answer on February 2, 2024. Previously, Plaintiff, represented by the same counsel, filed a similar complaint on October 14, 2022, seeking to recover for what appears to be the same injury against GP Rah Enterprises Inc. and Does 1 through 100, under Case No. 22STCV33609. (Torres-Brito Decl., ¶ 2; Re...

Excerpt: ... “Hernandez”) purchased a 2020 Kia Forte (“Vehicle”) from Kia of Carson (“Dealer”) on February 18, 2020. The Vehicle had an express warranty. Plaintiff alleges the Vehicle's air conditio ning system was defective. She presented the Vehicle to an authorized Kia repair facility for repair. However, the repair facility was unable to conform the Vehicle to the applicable express warranty after a reasonable number of attempts. The Vehicle ...

Excerpt: ...ion (erroneously sued as Grant & Weber, Inc.) and Grant & Weber Arizona, Inc., an Arizona corporation Responding Party: Plaintiffs Spencer Weinerman, individually and trustee of the Weinerman Family Trust BACKGROUND Plaintiff is a shareholder and former employee of G&W CA, a debt collection, revenue cycle management, and receivables management company, whose employment terminated on December 14, 2014. Plaintiff owns 25% of the outstanding shares ...

Excerpt: ...as collectively, “Plaintiffs”) filed this action asserting a single \ cause of action for breach of express warranty pursuant to the Song-Beverly Consumer Warranty Act (“SBA”). Plaintiffs allege that on September 2, 2019, they entered into a warranty contract with defendant Mazda Motor of America, Inc. (“Defe\ ndant”) regarding a 2016 Mazda Mazda6. (Compl., ¶ 14.) Plaintiff claim that\ defects and nonconformities to warranty manifest...

Excerpt: ...t Defendants Rock Star Properties, LLC dba AGWC Rockin' Rescue, Ady Gil and Fabienne Origer for negligence, strict liability, and punitive damages. Plaintiff alleges on December 24, 2022, P laintiff was a volunteer at Rock Star Properties, LLC dba AGWC Rockin' Rescue (“Rescue”). While Plaintiff was sitting on the sidewalk near the Rescue, one of Rescue's Labrador dogs, viciously attacked Plaintiff, causing severe injuries to Plaintiff's perso...

Excerpt: ...Case History On September 13, 2023 the parties reached a settlement through mediation in which the defendants, William S. Prevots III and RK Company, Inc. dba Cigar Cartel in which RK Company, Inc. (“RK”) agreed to pay $45,000 to Plaintiff to settle the case. The payment would be made within 60 days of defense counsel receiving a fully executed settlement agreement and an IRS W-9. The settlement check was to be made payable to “The Gilleon ...

Excerpt: ...:22- CR-00267, is granted. Defendants Jose Angel Del Villar's and DEL Records, Inc.'s motion to quash Plaintiff Brian Gutierrez's deposition subpoena for business records issued to Non -party CC Soundhouse LLC is continued to December 18, 2024. Defendants Jose Angel Del Villar's and DEL Records, Inc.'s motion to quash Plaintiff Brian Gutierrez's deposition subpoena for business records issued to Non -party Harbourview Equity Partners, LLC is cont...

Excerpt: ...ing from a slip and fall incident which took place in May 2019. Plaintiff Christina Gutierrez filed her Complaint against the City of Los Angeles on April 22, 2020. On March 30, 2023, Plaintiff filed a Doe Amendment naming AEG Management LACC, LLC as defendant in this action. On January 31, 2024, this Court granted Defendant's motions to compel responses to Form Interrogatories, and Special Interrogatories. The Court ordered Plaintiff to provide ...

Excerpt: ...ts' Anti - SLAPP motion is granted in part. This is a defamation action. Plaintiff Hovnan Derderian (Plaintiff) sued Defendant USA Armenian Life and its publisher, Defendant Appo Jabarian (Jabarian) (jointly, Defendants) for allegedly false statements made in Defendants' publication regarding Plaint iff. On February 7, 2024, Defendants filed a Special Motion to Strike the Complaint pursuant to Code of Civil Procedure section 425.16. Thereafter, P...

Excerpt: ...”) (“Defendant”) moves for an order awarding it attorneys' fees and costs in the total amount of $399,201.55, comprised of $368,976.50 in attorneys' fees, an additional $5,000 in anticipated fees on the instant motion, and costs in the amount of $25,225.05 against Plaintiff Five Points, LP (“Five Points”) (“Plaintiff”) as the prevailing party in the instant case. (Notice of Motion, pg. 2; C.C.P. §§1032(a)(4), (b); §1033.5(a)(10);...

Excerpt: ...s”) and Eunice Knight Saunders Corporation (“EKSC”) negligently caused Plaintiff's injuries due to an improper/unsafe placement of flower carts and lack of safety barriers around the flower cart and store entrance areas, which created a dangerous condition on the property. Plaintiff alleges that she sustained injuries and damages as a result of the dangerous condition and Defendants' failur e to warn Plaintiff of the risks. The complaint, f...

Excerpt: ...intent to appear is requested. Unless 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 a...

Excerpt: ...�Plaintiffs”) NOTICE: OK¿ ¿ RELIEF REQUESTED: Defendants demur to the fourth and fifth causes of action in Plaintiffs' complaint. ¿ TENTATIVE RULING: The demurrer is overruled as to Plaintiffs' fourth cause of action and sustained as to Plaintiffs' fifth cause of action with 30 days leave to amend. BACKGROUND¿ On 7/8/20, Plaintiffs allegedly purchased a vehicle manufactured by Defendant Ford Motor Company (“FMC”), and now bring this act...

Excerpt: ...c. Demurrer Sustain demurrer to sixth, seventh and eighth causes of action of First Amended Complaint CAUSES OF ACTION: from First Amended Complaint 1) Nuisance Per Se v. Bedikian Defendants 2) Private Nuisance v. Bedikian Defendants 3) Public Nuisance v. Bedikian Defendants 4) Trespass v. Bedikian Defendants 5) Negligence v. Bedikian Defendants 6) Breach of Contract v. Hippo Defendants, Spinnaker 7) Breach of Covenant of Good Faith and Fair Deal...

Excerpt: ...) filed a Complaint against Defendants Costco Wholesale Corporation (“Costco”) and DOES 1 to 25, alleging causes of action for general negligence and premises liability. The complaint was later amended to substitute Defendant John Grove (“Grove”) for Doe 1. Plaintiff alleges that she tripped over a parking block outside a Costco store in Burbank. On December 15, 2023, Defendant Grove filed a demurrer to the first and second causes of acti...

Excerpt: ...�FAC”), pursuant to Code of Civil Procedure §430.10(e), on t\ he ground that each of them fails to state facts sufficient to constitute a cause of action against Defendant.” PROCEDURAL ANALYSIS Moving Party: Defendant, Calstar Motors Inc. Responding Party: Plaintiff, Gagik Grigoryan Moving Papers: Notice/Demurrer; Request for Judicial Notice; Decl. Yang; Proposed Order Opposition Papers: Opposition; Decl. Margarian; Proof of Service; Objecti...

Excerpt: ...arrington”) (collectively, “Defendants”) demur to Plaintiff 5850 Avalon LLC's (“Plaintiff”) complaint (“Complaint”) on the basis (1) it is not properly verified; (2 ) the Complaint and the contexts of Exhibit 1 are inconsistent, ambiguous, and uncertain, and therefore fails to state a cause of action in unlawful detainer; (3) the Complaint and the contexts of Exhibits 2 and 3 are inconsistent, ambiguous, and uncertain, and therefore...

Excerpt: ... The demurrer to second cause of action is SUSTAINED with leave to amend. The demurrer to the third cause of action is OVERRULED. Plaintiff is given 20 days leave to amend. BACKGROUND On October 26, 2023, plaintiff Klarissa Caitlyn Barajas filed a complaint against American Honda Motor Co., Inc., Ken Garff Automotive Group dba Long Beach Honda, Jenri Pinto Burgos, and Maria Elena Sanchez Davilla for (1) negligence, (2) breach of express warranty,...

Excerpt: ... Trust, dated March 19, 2016. TRIAL DATE: Not Set PROOF OF SERVICE: OK PROCEEDING: Demurrer to Cross -Complaint OPPOSITION: 29 March 2024 REPLY: 4 April 2024 TENTATIVE: Cross -Defendant Star Parking's demurrer to the first and second causes of action in the Cross- Complaint are sustained with leave to amend. Cross - Complaints are granted 30 days leave to amend. The court sets the OSC RE: Amended Cross-Complaint for May 16, 2 024, at 8:30 a.m. Mo...

Excerpt: ...OUND On February 6, 2024, Plaintiffs Kimberly Davis and Jonathan Davis filed a third amended complaint against Defendants Paige Hemmis, Jason Short, Ameka Benton, Scott Fields, Hallmark Cards, Inc., Crown Media Holdings, Inc., Paige Hemmis, Inc., Aria Music Group, The Oaks of Calabasas Homeowners Association, Melissa Improta, Jason Improta, and Compass California, Inc. for 1) Intentional Interference with Contract; 2) Negligence; 3) Trespass; 4) ...

Excerpt: ...f”) filed this \ action against defendants Rose City Veterinary Hospital (“Defendant”) a\ nd Laynee Hokanson, DVM (“Dr. Hokanson”). On September 25, 2023, Plaintiff\ filed the operative First Amended Complaint (“FAC”) asserting causes of action for veterinary malpractice, intentional misrepresentation, intentional infli\ ction of emotional distress (“IIED”), and conversion. This action relates\ to veterinary care provided to Pla...

Excerpt: ...a Division, LLC (“TCD”), Lainer Development, Inc. (“Lanier”), S & S Investments General Partnership (“S&S”), located at 7351 Fulton Avenue, North H ollywood, CA. He alleges that the premises were negligently and carelessly owned, maintained, managed, controlled, inspected, and/or repaired so as to cause a dangerous condition. Plaintiff alleges that the dangerous condition consisted of a bathroom sink that became disengaged from the wa...

Excerpt: ...fe, Mrs. Yao, is his caretaker. Plaintiffs allege that in June 2018, they purchased unit 3 in the Vita Bella complex located at 12050 Geurin Street in Studio City. Plaintiffs allege that Defendant Vita Bella Homeowners Association (“VB HOA”) and Defendant Coro Community Management and Consulting, LLC (“CCMC”) own, operate, and/or manage the housing and related facilities, services, and support provided by and through Vita Bella. Plaintiff...

Excerpt: ...RICAN CONTRACTOR INDEMNITY COMPANY, a California Company; and DOES 1 to 55, inclusive, 3 - TENTATIVE RULINGS- 2 DEMURRERS AND 1 MOTION TO STRIKE DEMURRER 1 RELIEF REQUESTED “Defendants, HHKC Development, Inc.; Kit Chan; and William Chan demur\ to Plaintiffs' FAC on the following grounds: Defendants individually and collectively demur to the entire First Amend\ ed Complaint the ground that it fails to state facts sufficient to constitu\ te a cau...

Excerpt: ...TIONS ARE GRANTED IN PART AND DENIED IN PART. (SEE BELOW). DEFENDANTS TO SERVE FURTHER RESPONSES TO THE SUBJECT DISCOVERY WITHIN 30 DAYS OF NOTICE OF RULING. PLAINTIFF 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. BAC...

Excerpt: ...verned by the California Arbitration Act (“CAA”) or the Federal Arbitration Act (“FAA”), courts resolve doubts about an arbitration agreement's scope in favor of arbitration. (Moncharsh, supra, 3 Cal.4th at 9; Comedy Club, Inc. v. Improv West Assocs. (9th Cir. 2009) 553 F.3d 1277, 1284; see also Engalla v. Permanente Med. Grp., Inc. (1997) 15 Cal.4th 951, 971 -972 [“California law incorporates many of the basic policy objectives contain...

Excerpt: ... Bart & Judy's Bakery, Inc. and Bart Greenhut. The complaint alleges the following causes of action: (1) breach of lease; (2) common counts; (3) breach of writte n guaranty; and (4) ejectment. On August 12, 2021, Bart filed a cross-complaint against Plaintiff for negligence and unfair business practices arising from Plaintiff's allegedly improper rent demands and rent increases. Plaintiff voluntarily dismissed the action after Defendant vacated t...

Excerpt: ... claim filed by Plaintiff, Gayle Mullen, (Plaintiff) in the probate estate matter of her ex -husband, Steven Mullen (Decedent). On December 1, 2009, Plaintiff was awarded a Judgment of Dissolution in the amount of $263,035 in child support arrearages with prejudgment interest of $238,724.02 for a total judgment of $501,759.04 (Support Judgment). On February 17, 2022, Decedent died, and, on February 23, 2022, a Petition for Letters of Administrati...

Excerpt: ...AFT ELECTRIC COMPANY, a California corporation; and ROES 1 through 10, inclusive, Cross -Defendants. Case No.: 19STCV12991 Hearing Date: 4/12/24 Trial Date: N/A [TENTATIVE] RULING RE: Plaintiff/Cross -Defendant Taft Electric Company's Motion for an Award of Attorney's Fees and Costs. I. Background A. Pleadings On April 5, 2019, Plaintiff/Cross-Defendant Taft Electric Company, Inc. (Taft Electric) initiated this action by filing a Complaint allegi...

Excerpt: ...ntities) Responding Parties: None Motion for Determination of Good Faith Settlement The court considered the moving papers and Defendants Those Certain Underwriters at Lloyd's, London Subscribing to Policy Number HGB0140086 and Washington & Finnigan, Inc.'s response (not an opposition) that was filed on February 1, 2024. The court GRANTS Defendant's application for determination of good faith settlement. The court determines the settlement entere...

Excerpt: ...PARTY: Defendants Hyundai 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 automo...

Excerpt: ...vidence or appears reasonably calculated to lead to the discovery of admissible evidence.” (CCP § 2017.010; see Davies v. Superior Court (1984) 36 Cal.3d 291, 301.) “For discovery purposes, information is relevant if it ‘might reasonably assist a party in evaluating the case, preparing for trial, or facilitating settlement.' [Citation] Admissibility is not the test and information, unless privileged, is discoverable if it might reasonably ...

Excerpt: ...VE RULING: The motion is denied . REQUEST FOR JUDICIAL NOTICE: Defendant's request for judicial notice is granted as to Exhibits 1 and 2, and denied as to Exhibit 3 . BACKGROUND Plaintiff brings this action under the Song -Beverly Consumer Warranty Act (Civil Code § 1790 et seq.) for a vehicle he purchased on an unspeci�ied date, for which Defendant issued the manufacturer's express warranty. (Compl. ¶¶ 6– 7.) Plaintiff alleges that “the...

Excerpt: ...tered into a written contract on March 16, 2022 with Defendants Torqqe Performance, LLC (“Torqqe”) and Earl Smith (“Smith”). Plaintiff alleges that Torqqe breached the agreement on November 2, 2022 by failing to remit further payment to Plaintiff under the loan and that Smith breached the agreement by failing to cure the breach of his personal guaranty. Plaintiff alleges that it has suffered $39,947.26 in damages. The complaint, filed May...

Excerpt: ...“Dang”), State of California, California State University, California State University of Northridge, CSU- Northridge, and Does 1 to 50 for damages arising from an automobile collision. Trial is currently set for May 23, 2024. Plaintiff now moves to reopen discovery for the limited purpose of conducting defendant Dang's deposition. Defendants Board of Trustees of the California State University (erroneously sued as “State of California, Cal...

Excerpt: ... are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. This is an action in which Plaintiffs Travelers Commercial Insurance Company and Consumers County Mutual Insurance Company allege that “Defendant West Hollywood Collision Center (“WHCC”) (and, by extension, the other defendants, who Travelers alleges are a lter egos and successor corporations of one another) had engaged in improper condu...

Excerpt: ... for a commercial property. On September 14, 2023, and October 6, 2023, the clerk entered the defaults of Defendants Dumlao and Bernardo, respectively. Defendants now move to set aside the defaults pursuant to the discretionary provision of CCP § 473(b). Plaintiff opposed. TENTATIVE RULING: Defendants' Motion to Set Aside the Defaults is GRANTED. Defendants are to file and serve, as a stand-alone pleading, the proposed Answer contained in Exhibi...

Excerpt: ...aintiff alleges that she hired Defendant Mickey Lynn McClinton (“Defendant”) on October 1, 2021, to construct two accessory dwelling units and legalize an already -built ADU on the property. Plaintiff alleges that the total price of the project was $1,200,000. Plaintiff alleges that Defendant demanded $575,000 to pay for permits and materials and that he represented himself as a highly experienced contractor. Plaintiff alleges that Defendant ...

Excerpt: ... America, Inc's (“Defendant”\ or “SOA”), Motion for Summary Judgment (“MSJ”), and grant\ ing leave to file an Opposition to the MSJ. Plaintiff's Motion is made pursuant to California Code of Civil Procedure, section 473, subdivision (b) on the grounds that due to a clerical oversight and excusable neglect in Plaintiff's counsel's office's calendaring department, Plaintiff failed to file an Opposition to SOA's MSJ. (Declaration of Luis...

Excerpt: ...n California Edison Company on causes of action arising from the Parties' contract and contractual relations. On March 8, 2024, Defendant filed its Demurrer and its Motion to Strike. Defendant concurrently filed: (1) Request for Judicial Notice; (2) Declaration of Julia A. Mosel (in support of the Demurrer); (3) Declaration of Julia A. Mosel (in support of the Mot ion to Strike); (4) Proposed Order (for Demurrer); and (5) Proposed Order (for Moti...

Excerpt: ... action for ejectment, breach of lease, and injunctive relief. On February 2, 2024, by request of Plaintiff, the Clerk's Office dismissed without prejudice Defendant Steve Chang from the Complaint. On February 15, 2024, by request of Plaintiff, the Clerk's Office dismissed without prejudice the entire Complaint. On February 16, 2024, Defendant Steve Chang filed Judicial Council Form MC -010, Memorandum of Costs (Summary) (“Chang Memorandum”)....

Excerpt: ...rgument 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. ANALYSIS: Mercury Insurance Company (...

Excerpt: ...and Joe Ann Waldon entered into a written lease agreement whereby Defendants agreed to lease the premises located at 12246 Moorpark Street, Apt. 106Tin Studio City from Plaintiff. The lease term was for 9 months, such that the lease expired on July 31, 2020. Per the latest rent increase, the current rent is alleged to be $3,529 per month, effective April 1, 2022. Plaintiff alleges that on September 7, 2021, Plaintiff served Defendants with a 15 -...

Excerpt: ...3: Complaint filed. • 12/28/23: Cross-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. Specially A...

Excerpt: ...F REQUESTED: Orders compelling each Plaintiff 's further responses to Defendants' Special Interrogatories, Set One, Interrogatory No. 11, within 20 days. Defendants further request monetary sanctions to be imposed against Plaintiffs and their counsel in the total amount of $1,560.80 . TENTATIVE RULING: The motions are denied. The Court imposes $200.00 in monetary sanctions against Defendants and/or their counsel . BACKGROUN D This is a personal i...

Excerpt: ...ath.” (Code Civ. Proc., § 2030.010(a).) If a propounding party is not satisfied with the response served by a responding part y, 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, or that the ...

Excerpt: ...GROUND This is a breach of contract case. Petitioner Eden Reforestration Projects (“Eden”) entered into an agreement with Respondent Aspiration Partners Inc. (“Aspiration”) whereby Aspiration would pay Eden $16 million to plant 5 billion trees over a 20 year period i n developing countries. Aspiration entered into a separate contract with Eden's wholly owned subsidiary, Petitioner Compassionate Carbon, requiring Compassionate Carbon to de...

Excerpt: ...s for an improper purpose including harassment, causing unnecessary delay, and needlessly increa sing the cost of litigation, and on the basis that leave to intervene was falsely requested by Superior Life Finance and its counsel as a way of inserting Superior Life into the case for the purposes of delay and harassment, including filing an appeal (which it did as an intervenor) and attempt to stay the action. Among other things, Superior Life was...

Excerpt: ...llows: Davien Long was driving on or about June 23, 2022, when he was pulled over by Los Angeles County Sheriff deputies. One of the deputies, Deputy Blake Runge, “reached into the car through the window, opened the door, grabbed Mr. Long's left arm and twisted it.” Both deputies then dragged him out of the car and put him on the ground. Kamryn Long, who was present, attempted to ascertain why her husband had been stopped. In response, the de...

Excerpt: .... On October 12, 20 23, default was entered against Defendant. On March 4, 2024, Plaintiff filed a request for entry of default judgment.[1] LEGAL STANDARD Code of Civil Procedure section 585 permits entry of a default judgment after a party has failed to timely respond or appear. (Code Civ. Proc., § 585.) A party seeking judgment on the default by the court must file a Request for Court Judgment, and: (1) a brief summary of the case; (2) declar...

Excerpt: ...o 20, alleging causes of action for breach of contract, fraud, common count, conversion, constructive trust, restitution/unjust enrichment, and civil conspiracy. Default was entered against Gong on May 18, 2023. Default was later entered against Fu and Xu on June 23, 2023. On October 18, 2023, Plaintiff filed a request for entry of default judgment, which was denied without prejudice. On February 27, 2024, Plaintiff refiled a request for entry of...

Excerpt: ... (Plaintiff) filed this action against defendant Lemonshark, LLC (Defendant) and Does 1 to 10, alleging one cause of action for violations of the Unruh Civil Rights Act. On January 11, 2024, the Court struck Defendant's answer to the complaint and entered its default. On March 12, 2024, Plaintiff filed a request for entry of default judgment. LEGAL STANDARD Code of Civil Procedure section 585 permits entry of a default judgment after a party has ...

Excerpt: ...efendant is indebted to Plaintiff in the amount of $69,183.21 for failure to make payments on a credit account. On August 21, 2023, this court granted Defendant's motion to set aside his default, and on September 13, 2023, amended the order to require that Plaintiff properly re- serve the Defendant as provided by law. Defendant now moves to quash service of the summons and complaint. Plaintiff opposed. TENTATIVE RULING Defendant's Motion to Quash...

Excerpt: ...: Defendants Markos Vivian and Asia Top City Ltd.'s Motion to Quash for Lack of Personal Jurisdiction is denied. Defendants Vivian and ATC are to file an Answer within 10 days. The Court continues the Case Management Conference to May 2, 2024, at 8:30 a.m. Defendants to give notice. BACKGROUND On January 11, 2023, Zahem Al Zahem; the Estate of Subheyah Al Muqahwi by and through administrator Ahmad Yousif Alomani; Fahad Al Omani; Mossaffa LLC; Abd...

Excerpt: ...ga, CA 91042 and the adoptive mother of two children with disabilities. Plaintiff alleges that she hired Defendant Mickey Lynn McClinton (“McClinton”) on October 1, 2021, to construct two accessory dwelling units and legalize an already-built ADU on the property. Plaintiff alleges that the total price of the project was $1,200,000. Plaintiff alleges that Defendant never disclosed that he was an unlicensed contractor. Plaintiff alleges that in...

Excerpt: ...everly Consumer Warranty Act. On 12/14/2023, Plaintiff moved to compel Defendant's initial responses to: (1) Form Interrogatories, Set One; (2) Special Interrogatories, Set One; (3) Requests for Admissions, Set One; and (4) Requests for Production of Documents, Set One (collectively, t he “Discovery”). Discussion As a preliminary matter, Plaintiff must issue filing fees for four motions, given that this omnibus motion consolidates four differ...

Excerpt: ...acturer/distributor Defendant Tesla, Inc. d/b/a Tesla Motors, Inc. (“Defendant”) issued a written warranty. Plaintiff alleges the warranty was not issued by the selling dealership. Plaintiff alleges the subject vehicle was delivered with serious defects and nonconformities to the warranty and that it developed other serious defects and nonconformities to warranty including, but not limited to, electrical, structural, and engine system defects...

Excerpt: ...t C] RELIEF REQUESTED BY MOVING PARTY: Order compelling the production of plaintiff Albert Markarian for deposition and the production by Markarian of all documents demanded at his prior deposition, without objections DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes, Exs. E, F FACTUAL BACKGROUND: Plaintiff New Look Skin Center, Inc (New Look spa) and its manager, plaintiff Albert Markarian, allege that N...

Excerpt: ...tion and damages against Defendant General Motors, LLC (“GM”) for violation of the Song Beverly Consumer Warranty Act. Plaintiff alleges that on March 4, 2021, she purchased a 2020 Chevrolet Bolt and that the vehicle constitutes a “new” vehicle under the Act. (Compl., ¶¶4-5.) Plaintiff alleges that she is a “lessee” of consumer goods and GM is a “manufacturer” who offered an express warranty to Plaintiff under the Act. (Id., ¶�...

Excerpt: ...s Saucedo, a minor by and through her guardian ad litem Manuel Villalobos Rodriguez (“Plaintiff”), alleges that Defendants Samsung SDI America, Inc. (“SDIA”), Samsung Electronics America, Inc. (“SEAI”), Doe Cell Phone Designer/Manu facturer/Distributer 1 -10, Cell Phone Battery Company/Manufacturer/Distributor/Designer Does 11 -20, AT&T Store, Doe Store/Owners/Employees 21 -30, AT&T Wireless Inc., AT&T Inc., and Doe Cell Phone Company...

Excerpt: ...e of intent to appear is requested. Unless 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 teleph...

Excerpt: ...legedly Plaintiff's landlord. However, Levine died in January 2021. On July 13, 2022, Plaintiff filed a First Amended Complaint adding Herschel Manalo, the trustee of Levine's estate, as a Defendant. Plaintiff filed the operative Third Amended Complaint on April 24, 2023. On March 11, 2024, Plaintiff filed the instant two motions to compel further responses to special interrogatories and requests for production. Defendant filed his oppositions on...

Excerpt: ... and High Heals Kitchen, Inc.'s Motion to Compel Further Responses to Requests for Production. I. Background A. Pleadings Plaintiffs High Heals Kitchen, Inc. and Michelle Mangione sue Defendants Global Cannabis Applications Corp. (Global) and Does 1 through 10 pursuant to a September 29, 2023, First Amended Complaint (FAC) alleging claims of (1) Breach of Contract and (2) Fra ud. The breach of contract claim arises from the following allegations....

Excerpt: ...ction of emotional distress, (3) negligent failure to educate, warn or train, (4) failure to report suspected child abuse, (5) negligent supervision of a minor and (6) negligence. Plaintiff filed the instant motion to compel further response to Requests for Production of Documents on January 31, 2024. Maranatha filed an opposition on February 26, 2024. Plaintiff filed a reply on March 1, 2024. The hearing on this motion was continue d to its curr...

Excerpt: ...omplaint in this action on February 18, 2021, asserting causes of action for negligence and products liability against Defendants Conair Corporation, Waring Commercial, and Does 1 through 20. On August 31, 2021, Norguard Insurance Company (“Norguard”) filed a complaint in intervention against Conair Corporation, Waring Commercial, and Does 1 through 20, alleging that the accident occurred during the course of Plaintiff's employment and that N...

Excerpt: ...d quash writs of execution and abstracts of judgment and return of funds levied; and dismiss the action RULING : Motion is denied. SUMMARY OF ACTION This is a breach of contract case filed on August 26, 2020. Default judgment was entered against Defendants Guy Vaughn (Vaughn) and Sunset Pools Custom Design, Inc., on November 25, 2020. Vaughn claims that he did not become aware of the judgment against h im until he applied for a home loan in Septe...

Excerpt: ...: On October 19, 2021, Plaintiff Jawchyi C. Lee filed his Complaint against Defendant Southern California Permanente Medical Group (initially sued as Kaiser Foundation Hospitals) on causes of action of defamation, violation of Health and Safety Code section 1278.5, violations of Labor Code section 6300 et seq. and 6400 et seq., and violation of Labor Code section 1102.5. On October 22, 2021, Plaintiff filed his First Amended Complaint (FAC). On F...

Excerpt: ...r production is granted. SUMMARY OF ACTION On January 4, 2024, Plaintiff Cecilia Thompson (Plaintiff) served Defendant Kyle Perez (Defendant) with Requests for Production. Responses to the requests were due on or before February 8, 2024. Defendant failed to serve any responses by the deadline. On F ebruary 13, 2024, Plaintiff served a meet and confer letter on Defendant advising of the failure to respond and requesting verified responses by Febru...

Excerpt: ...t this action involves a 22-year- old lease relationship between Sardariani and Defendant Roland Markarian (“Markarian”). Plaintiffs allege that Markarian rented the leased premises located at 7139 Foothill Blvd. in Tujunga on May 1, 2002 sub ject to the lease agreement. Plaintiffs allege that Markarian sued Plaintiffs on May 11, 2022 in Pasadena Case No. 22PDUD00815, Markarian v. Sardariani. On June 8, 2016, Markarian, without notice to Plai...

Excerpt: ...be heard on April 12, 2024. Plaintiff did not file an opposition. Trial is currently scheduled for June 14, 2024. PARTY'S REQUEST Defendant asks the Court to continue the trial to October 15, 2024 so that Defendant's motion for summary judgment can be heard before trial. LEGAL STANDARD California Rules of Court, rule 3.1332 provides: “(a) Trial dates are firm “To ensure the prompt disposition of civil cases, the dates assigned for a trial are...

Excerpt: ...S-COMPLAINT BACKGROUND A. Allegations Plaintiff California General Underwriters Insurance Company, Inc. (“Plaintiff”) alleges that on April 11, 2022, at 10855 Hartstock St., North Hollywood, CA 91601, Defendant On Point Builders, Inc. (“On Point”) and its employees were working within the cour se and scope of their employment when they caused Edwina Jo Snow aka Edwina Jo Burton Snow (“the insured”) to incur monetary damages. Plaintiff...

Excerpt: ...ears to the court appropriate under the circumstances of the case.” CCP § 583.420 provides: (a) The court may not dismiss an action pursuant to this article for delay in prosecution except after one of the following conditions has occurred: (1) Service is not made within two years after the action is commenced against the defendant. (2) The action is not brought to trial within the following times: (A) Three years after the action is commenced...

Excerpt: ...IATES'S MOTION TO ENFORCE THE SETTLEMENT AGREEMENT Background On January 14, 2021, plaintiff National Commercial Recovery, Inc., a California corporation d/b/a Blair Smith and Associates (“Plaintiff”) filed the action against defendants Jem Logistics Services Ltd, Inc., a California corporation; Jem Logistics Services Transport, a California corporation; Julie Maske a/k/a Julie Michelle Maske a/k/a Julie Georgescu, an individual; Nicolas Geor...

Excerpt: ...ourt 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: Bill Flore...

Excerpt: ...pital, LLC d/b/a Channel Partners Equipment Finance (“Plaintiff”) alleges that on September 2, 2022, Defendant Shane Weber, individual, dba Weber Enterprise (“Weber Enterprise”) entered into a written Master Equipment Finance A greement No. MA-05402 with Plaintiff pursuant to which Plaintiff agreed to finance Weber Enterprise's purchase of certain commercial equipment from a vendor selected by Weber Enterprise. Plaintiff alleges that Webe...