Excerpt: ...STANDARD California Code of Civil Procedure section 1048 states: “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” Under California Rules of Court, rule 3.350, subdivisi...

Excerpt: ...oenas against Defendant Adan Villareal (“Defendant”), but denied the request for sanctions, given the procedural defect in filing the motion. (Min. Order, 2/27/24.) The Court found tha t the motion was served five days after the statutorily required deadline for notice. The Court granted a short continuance to give Defendant time to respond, but Defendant submitted on the tentative. The Court mailed notice of the order to Plaintiff on Februar...

Excerpt: ...ndo Cazares (“Cazares”), Fidel Calderon, Cazares Services LLC (Doe 1), Thomas Franklin Henry (Doe 2), and Orchids de Oro, Inc. (Doe 3) for damages arising from a motor vehicle incident. On April 2, 2024, Cazares filed the instant motion for terminating sanctions to dismiss plaintiff Marina Ruiz's (“Plaintiff Ruiz”) complaint against them for failure to abide by the Court's January 26, 2024 Order that she serve verified responses to form i...

Excerpt: ...or summary adjudication is denied, in part, and granted, in part. Rodeny Yamane, et al.'s Motion to Bifurcate Trial is moot. Background Plaintiff filed the Complaint on June 22, 2022. Plaintiff alleges the following facts. Plaintiff and Defendants entered into an agreement whereby Plaintiff would maintain, repair, and upgrade the subject real property located at 7801 Westlawn Avenue, Los Angeles, CA 90045. The agreement was that when Rodney Yaman...

Excerpt: ...C (Plaintiff) filed suit against Equity Partners, LTD and Christopher Lee, alleging: (1) breach of lease and (2) breach of guaranty of lease. Defendants asserted a Cross -Complaint for: (1) Breach of Lease; and (2) Detrimental Reliance. On 8/22/2023, the Court granted Plaintiff/Cross -Defendant's motion for summary adjudication of the issue of reformation, and Defendants/Cross -Complainants claim for detrimental reliance. Now, Plaintiff moves for...

Excerpt: ..., summary adjudication of all causes of action. TENTATIVE RULING : Summary judgment is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On June 23, 2022, Plaintiffs Win Pont Investment, Inc. (“Win”), Excelsior Pre -School, LLC (“EPS”), and Excelsior Online Tutoring (“EOT”) (collectively, “Plaintiffs”) has brought suit against Defendant Scott Balanda (“Defendant” or “Balanda”) for (1) breach of confidentiality agree...

Excerpt: ...aintiffs move for an order summarily adjudicating that Defendant is liable on the First Cause of Action for Breach of Contract, for at least $6,000.00. Defendant opposes the motion. LEGAL STANDARD In moving for summary judgment or summary adjudication, a “plaintiff . . . has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action.” Code Civ. Proc., § 437c(p)(...

Excerpt: ...nd Joshua Sawicki filed this action against Defendants James S. Bekhor Insurance Services Inc. d/b/a Active Insurance and JSB Holdings LLC On December 12, 2024, Plaintiff Joshua Sawicki filed a motion for summary adjudication. At the March 15, 2024 hearing, the Court ordered the parties to file an amended separate statement and supplemental briefing, and it continued the hearing. FACTUAL BACKGROUND All of the Amended Separate Statement's material...

Excerpt: ...e 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: Tammyro...

Excerpt: ... is a sister and heir of Evangeline Rodriguez (“Ms. Rodriguez”), who was a resident of Defendant's skilled nursing facility. Plaintiffs allege that Defendant failed to establish mandated safety protocols due to the COVID - 19 pandemic. As a result, Ms. Rodriguez died on December 17, 2020, after contracting the virus. Plaintiffs alleges claims for elder abuse, violation of residents' rights, negligence, and wrongful death. A jury trial commenc...

Excerpt: ...ING PARTY: Plaintiff Alan Martinez (“Plaintiff”) NOTICE: OK RELIEF REQUESTED: An order from this Court to set aside the default entered by the Clerk on March 13, 2024, against Northpoint School (“Northpoint”). TENTATIVE RULING: The Motion to Set Aside is GRANTED. BACKGROUND This case arises from alleged injuries sustained by Plaintiff, caused by another student while attending Defendants' school. On February 1, 2023, Plaintiff filed a Com...

Excerpt: ...icle accident with Defendants Christopher J. Sandoval and Romany Sadek Metry, who were operating the other vehicle. Plaintiffs allege that Defendants' vehicle was owned by Defendants Hector Sandoval and Romany Sadek Metry and they entrusted the vehicle to Christopher J. Sandoval and Romany Sadek Metry. Plaintiffs allege that Defendants negligently owned, operated, used, drove, maintained, loaned, and/or entrusted their motor vehicle such that it ...

Excerpt: ...garding various causes of action arising from the Parties' business rela tionship. On July 12, 2022, Defendant/Cross-Complainant filed: (1) Cross - Complaint against Plaintiffs/Cross -Defendants Forward Westwood, Inc., Forward Calabasas, Inc., Paul Morris, Edward Krifcher, and Joseph Sacavitch; and (2) Answer to the Complaint. On August 15, 2022, Plaintiffs/Cross- Defendants filed their Answer to the Cross-Complaint. On February 28, 2024, the Cou...

Excerpt: ...ANTED. Plaintiffs to give notice. Plaintiffs allege that defendants were hired to drive them, and defendants negligently caused an accident while Plaintiffs were passengers in defendants' vehicle. Plaintiffs further allege that defendant Miguel A. Pacheco drove under the influence of marij uana at the time of the accident, and that defendant Platinum Transportation Group, Inc. knew about Pacheco's history of marijuana use and still allowed him to...

Excerpt: ...f Defendants The Camera 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 ...

Excerpt: ...; (3) constructive trust; and (4) declaratory relief. Now, Defendant moves for a judgment on the pleadings. The motion is unopposed. Discussion Defendant argues that Plaintiff's motion is barred by res judicata/collateral estoppel. The doctrine of res judicata precludes the re -litigation of certain matters which have been resolved in a prior proceeding under certain circumstances. (Brinton v. Bankers Pension Services, Inc. (1999) 76 Cal.App.4th ...

Excerpt: ...ce with prospective economi c advantage, and false advertising. On June 8, 2022, the Court found related cases 19STCV36480 and 22STCV14150, and designated 19STCV36480 as the lead case. On October 31, 2022, the Court sustained Starline's Demurrer to the Complaint's third cause of action for intentional interference with prospective economic advantage. On December 7, 2022, Starline filed: (1) Answer to the Complaint; and (2) Cross-Complaint against...

Excerpt: ...d this action against Defendants Gheorghe Firescu and Gabriela Firescu. On May 14, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”), alleging causes of action for (1)¿failure to pay minimum wage ( Labor Code section 1197),¿(2)¿failure to compensate for all hours worked (Lab.¿Code, § 1198), (3 )¿failure to pay overtime compensation ( Lab.¿Code, § 1198),¿(4)¿failure to pay meal period compensation (Lab.¿Code, § 22...

Excerpt: ...of the instant hearing o n May 3, 2024, in the amount of $159,688.59, plus $775.19 each day thereafter. Petitioner ABP Parcel 8, LLC (“ABP”) (“Petitioner”) moves for an order awarding it attorneys' fees and interest against Respondent Marina Pacifica, LLC (“MP”) (“Respondent”) as the prevailing party in the instant case by way of the Court granting Petitione r's petition to confirm the arbitration award (“Award”) and denial of...

Excerpt: ...DEMURRER 1 RELIEF REQUESTED Defendant Elvis Madatyan moves for an order sustaining his demurrer to the Third, Fourth, Fifth, Sixth, Seventh, and Ninth Causes of Action of Plaintiffs' First Amended Complaint (FAC) pursuant to CCP § 430.10. BACKGROUND An initial Complaint was filed in this action on 9/19/2023. There was no demurrer hearing as to the initial Complaint. The FAC was filed on 2/2/2024. The instant action surrounds allegations that sev...

Excerpt: ...he Glendale Hotel, LLC, demurs to the First, Third, Fourth, Fifth and Sixth causes of action in Plaintiffs' Complaint. Defendant demurs to such Causes of Action, pursuant to California Code of Civil Procedure § 430.10, on the grounds that the Complaint fails to state sufficient facts to constitute a cause of action against Defendants. BACKGROUND Plaintiffs' Complaint arises out of personal injury and monetary damages sustained by Plaintiffs as a...

Excerpt: ...f 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...

Excerpt: ...t and retaliation, with 10 days leave to amend the Complaint. The Demurrer is OVERRULED as to all else. The Motion to Strike is DENIED. BACKGROUND: On January 18, 2024, Plaintiffs Cybill Lui and Derrick Eppich filed their Complaint against Defendants Vanessa Smith and Margaret Davis on causes of action arising from Plaintiffs' tenancy in the rental unit owned and/or managed by Defendants. On March 18, 2024, Defendants filed their Demurrer to Plai...

Excerpt: ...ant”), and Does 1 through 10. Defendant filed an Answer on March 22, 2023. On March 11, 2024, Defendant filed this motion for terminating sanctions. No opposition has been filed. Legal Standard When a party fails to obey a court order compelling further responses to interrogatories or requests for production, “the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating s...

Excerpt: ...nc. Plaintiff's application was granted on October 3, 2023. Therefore, Plaintiff now has a judgment against Defendant in Los Angeles Superior Court. On March 22, 2024, Plaintiff filed the instant motion to amend the judgment to add judgment debtors based on alter ego. Plaintiff seeks to add Christopher Smith, sole owner and member of CMS Equity, as well as ten other corporate entities of which Smith or CMS is the sole owner or member. There is no...

Excerpt: .... It is, of course, a bit of a dated term.) Plaintiff then brought these motions to compel and a motion to deem admitted. In opposition, defendant states that this was just a mistake caused by the fact that the lawyer who had been handling the case apparently messed up, but has since left the firm. Defendant contends that this is an anomaly, and that responses were served on 3/15/24, but plaintiff would not accept them as timely. In reply, plaint...

Excerpt: ... Plaintiff's Requests for Production of Documents (“RFPs”), Set One, Nos. 1–31. TENTATIVE RULING: The unopposed motion is granted. Defendant to provide further code- compliant responses to Plaintiff's first set of RFPs, Request Nos. 1–31, within 30 days. The Court imposes sanctions against Defendant in the amount of $500.00. Plaintiff is reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. Wh...

Excerpt: ...: (1) Motion to Compel Leo Ramsey's Responses to Demand for Production of Documents, Set One is GRANTED. Verified written responses are ordered to be served by Ramsey on Plaintiff's counsel on or before May 24, 2024, together with legible copies of responsi ve documents. (2) Request for monetary sanctions is GRANTED in the amount of $2,500 I. BACKGROUND¿¿¿ ¿¿¿ A. Factual ¿¿¿ ¿¿ On November 3, 2022, Plaintiff, Maurice Stephenson (“Pla...

Excerpt: ...: (1) Motion to Compel Leo Ramsey's Responses to Demand for Production of Documents, Set One is GRANTED. Verified written responses are ordered to be served by Ramsey on Plaintiff's counsel on or before May 24, 2024, together with legible copies of responsi ve documents. (2) Request for monetary sanctions is GRANTED in the amount of $2,500 I. BACKGROUND¿¿¿ ¿¿¿ A. Factual ¿¿¿ ¿¿ On November 3, 2022, Plaintiff, Maurice Stephenson (“Pla...

Excerpt: ...Park, LLC and Jeff Kwatinetz (hereafter, “Plaintiffs”), filed this motion to (1) compel Defendant and Cross - Complainant Azealia Banks (“Banks”) to appear at deposition for seven additional ho urs, (2) appointment of a discovery referee at Banks's expense, and (3) imposition of monetary sanctions against Banks in an amount not less than $10,000. The motion is unopposed.[1] II. DISCUSSION & LEGAL STANDARD a. Further Deposition Plaintiffs ...

Excerpt: ...EMENT COMPANY v. MARB CONSTRUCTION MANAGEMENT, an entity; ML PLUMBING, an entity; MICHAEL LEVENDOSKY, an individual; and ROES 1 -50 inclusive 7 TENTATIVE RULING – COMPEL RESPONSES BACKGROUND ALL MOTIONS Plaintiffs filed a Complaint against Defendants on 9/1/2022 alleging three causes of action for: (1) General Negligence; (2) Negligent Hiring, Supervision, or Retention of Employee; and (3) Negligent Infliction of Emotional Distress. On 11/17/20...

Excerpt: ...23, Defendants served written discovery on Plaintiff. (Lee Decls., ¶2.) On February 13, 2024, Defendants filed motions to compel Plaintiff's responses to Form Interrogatories and Demand for Production of Documents. No opposition has been filed. Legal Standard A party must respond to interrogatories within 30 days after service. (Code Civ. Proc., § 2030.260, subd.(a).) If a party to whom interrogatories are directed does not provide a timely res...

Excerpt: ...s, Set One, and to Produce Responsive Documents; Request for Monetary Sanctions in the Amount of $2,822.50 The Court considered the moving papers, opposition, and reply. The motion is GRANTED. Plaintiff is ordered to provide further responses to Defendant's First Set of Requests for Production of Documents, Requests Nos. 13, 15- 18, and 21-22, and to produce responsive documents thereto within 30 days. Plaintiff and his counsel of record are orde...

Excerpt: ...urt 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: Cheryl Redd...

Excerpt: ...bly 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 lead to admissible evidenc...

Excerpt: ...9, they entered into a warranty contract with Defendant Toyota Motor Sales, U.S.A., Inc. (“Defendant”) regarding a 2019 Toyota Tacoma. Plaintiffs allege that defects and nonconformities to the warranty manifested themselves within the applicable express warranty period, including but not limited to exterior, structural, transmission, and engine issues. Plaintiffs allege they delivered the subject vehicle to an authorized Toyota repair facilit...

Excerpt: ... (1) sexual harassment in violation of Civil Code section 51.9; (2) sexual battery in violation of Civil Code section 1708.5; and (3) negligence. Nogales has been dismissed from the lawsuit. According to the complaint, Aquino was employed by CDLF as a marriage and family therapist from April 2019 to May 2020. (Compl. ¶ 15.) Plaintiff alleges that on October 5, 2019, she attended a therapy appointment with Aquino wherein Aquino sexually assault e...

Excerpt: ... 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 at (818) 260 - 8412. ALLEGATION...

Excerpt: ... et seq.); (3) Age Discrimination (Gov. Code § 12940); (4) Wrongful Termination in Violati on of Public Policy; (5) Harassment (Gov. Code § 12900, et seq.); (6) Failure to Prevent Discrimination and Harassment (Gov. Code, § 12940(k)); (7) Intentional Infliction of Emotional Distress; (8) Negligent Hiring, Supervision, and Retention; and (9) Defa mation. The Federal Arbitration Act (FAA) Applies Defendants move to compel arbitration under the F...

Excerpt: ... hearing on the motion. Additionally, Defendant requests sanctions be imposed against Plaintiff and her attorneys of record in the amount of $511.50 ; (2) An order compelling Plaintiff Maria Pina to provide verified responses to Defendant Costco Wholesale Corporation's Request for Production of Documents, Set 1 (General) served by mail on 9/21/23, without objection, within 10 days of the hearing on the motion. Additionally, Defendant requests san...

Excerpt: ...Shayan aka Sina Masoumi (“Shayan”) filed the Complaint alleging multiple causes of actions relating to a breach of contract involving a proposed investment venture against Defendants Ahmadreza Rastegarrazi (a/k/a Arash) Rastegarrazi (“Arash”), Mehre Iran Today (“Mehre Iran”), and Dani Gonzalez (“Dani ”), and Optima Financial Ventures (‘Optima”). On November 29, 2023, Plaintiff Shayan filed the instant motion to compel the depo...

Excerpt: ...024. Plaintiff filed a reply on April 26, 2024. For the reasons set forth below, the motion to compel the deposition of Honda's PMQ is GRANTED. II. LEGAL STANDARD “If the deponent named is not a natural person, the deposition notice shall describe with reasonable particularity the matters on which examination is requested. In that event, the deponent shall designate and produce at the deposition those of its officer s, directors, managing agent...

Excerpt: ...ulings: ARGUE. The Court finds itself at a crossroads as to whether to order the deposition and allow the chips to fall where they may, or whether to conditionally deny the motion on the conditions that (A) Plaintiff Diana Stretch shall not be permitted to testify at trial, and (B) the parties develop a stipulation as to how the finder of fact is to consider her inability to testify in a fashion that will not unfairly prejudice the Defendants. Th...

Excerpt: ...y Metropolitan Transportation Authority (“LACMTA”), Oscar Renee Lopez Velasquez (“Velasquez”), and Does 1 to 50 for negligence, negligent hiring, tr aining, supervision, retention, and loss of consortium. Plaintiffs allege that Jacob Brown was struck by a bus driven by Velasquez in the course of his employment with LACMTA. Plaintiffs now move to compel the videotaped deposition of LACMTA's person most knowledgeable and request for product...

Excerpt: ...Defendants filed a cross -complaint against Eddie Baker and Roes 1 through 10. Defendants filed a request for dismissal of the cross- complaint on January 8, 2024. As it relates to the matter set for hearing on May 3, Defendants noticed the deposition of Plaintiff Eddie Baker for March 8, 2024. (Gonzalez Decl., ¶ 4 & Exh. D.) Plaintiff did not serve any objection. ( Id. , ¶ 4.) Plaintiff did not appear for the noticed deposition. (Id. , ¶ 7 & ...

Excerpt: ...o 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 at (818) ...

Excerpt: ...e and good faith attempt to resolve informally: Yes, Ex. C FACTUAL BACKGROUND: Plaintiff Francisco J. De La Torre Urrutia alleges that in May of 2022, plaintiff purchased a 2021 Kia Sorento with an accompanying written warranty from defendant Kia America Inc., pursuant to which Kia America, Inc. agreed to preserve or maintain the uti lity or performance of the vehicle or provide compensation if there was a failure in such utility or performance. ...

Excerpt: ...TION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Ex. B FACTUAL BACKGROUND: Plaintiff Olga Miroshnikova alleges that in February of 2022, plaintiff was lawfully turning left into the left lane at an intersection in Glendale, when defendant Nairi Hunanyan operated his vehicle without caution and in such an unsafe manner that it ca used a violent collision into plaintiff's vehicle, as a result of which plaintiff is hu...

Excerpt: ...tion has the burden of proving by a preponderance of evidence that a valid arbitration agreement exists. Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 842; see also § CCP 1281.2. A party meets its initial burden simply by reciting the terms of the governing provision, or by attaching a copy of the provisions. Sprunk v. Prisma LLC (2017) 14 Cal.App.5th 785, 793. Once the petitioner meets its burden, “the burden shifts to the p...

Excerpt: ... ” (Taus v. Loftus (2007) 40 Cal.4th 683, 720.) A. The Statements Plaintiff sufficiently alleges the substance of the defamatory statements. To allege defamation, the complaint “must set forth ‘either the specific words or the substance of' the allegedly defamatory statements.” ( Comstock v. Aber (2012) 212 Cal.App.4th 931, 948.) “As Witkin distills the pleading rule, ‘It is sometimes said to be a requirement, and it certainly is the ...