Excerpt: ... MOTION TO COMPEL DISCOVERY FOR INCLUSION IN THE ADMINISTRATIVE RECORD IS GRANTED IN PART. PETITIONER TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self -represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. “If, after service of a deposition notice, a party to the action … w...

Excerpt: ...pposition, and reply papers. BACKGROUND This action arises out of an employment relationship. Plaintiff's first amended complaint (the “FAC”) alleges: (1) race discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) harassment on the basis of race in violation of FEHA; (3) religious discrimination in violation of FEHA; (4) retaliation in violation of FEHA; (5) failure to prevent race discrimination, harassment, an...

Excerpt: ... FACTUAL BACKGROUND This is an action for breach of contract related to renovation defects. The Complaint alleges as follows: Plaintiff Daniel Chu (“Plaintiff”) purchased a home (the “Subject Property”) from Defendant GRCA2 (“GRCA2”) in 2014 pursuant to a Residential Purchase Agreement (“RPA”). (Compl. ¶ 9.) GRCA2 and Defendant Gerry Wiener (“Wiener” and together with GRCA2, “Movants”) assured Plaintiff that the work done...

Excerpt: ...LAINTIFFS' MOTION FOR JUDGMENT ON THE PLEADINGS IS DENIED. PLAINTIFFS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self -represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND On August 1, 2022, Plaintiffs Zia Abhari and Donya Entertainment, Inc. sued Defendants Farmer...

Excerpt: ...tice of an additional six exhibits. All the documents are court records or recorded real property instruments subject to judicial notice of their contents a nd legal effects, but not the truth of the matters asserted therein, under Evidence Code section 452. The court grants all requests for judicial notice as to the documents' existence and legal effects. Discussion Cook and Devin argue all causes of action against them are untimely. Judgment on...

Excerpt: ...o., LLC (“NAI”). Plaintiff tripped on ADA mats outside La Mexicana Meat Market, that were installed by NAI. In this action, Defendant /Cross -Complainant Poiema Enterprise, Inc. dba La Mexicana Meat Market (“PEI”) filed a previous motion for determination of a good faith settlement. The Court denied the motion. (See Min. Order, 12/13/23.) PEI now moves again for an order that the settlement entered between Plaintiff Ameila Aguilar (“Pla...

Excerpt: ...is action against defendant George Anderson and Does 1 to 50 for damages arising from a motor vehicle collision. Plaintiff filed an amendment to complaint naming Karo Vartanian as Doe 1. George Anderson and Karo Vartanian (“Defendants”) now move for evidentiary and issue sanctions against Plaintiff for failing to appear for neurological examination in violation of the Court's October 26, 2023 Order. On October 26, 2023, the Court ordered P la...

Excerpt: ...tively awards $35,000 in sanctions / civil contempt, plus $2,100 in attorneys fees, as indicated below . I. BACKGROUND ¿¿¿ ¿¿¿ A. Factual¿¿¿ This lawsuit is based on Plaintiffs alleged suffering years of mistreatment at the hands of their uphill -neighbor in Rolling Hills, Nourit Korzennik, Korzennik's alleged misconduct towards the Nakamuras included, but was not limited to: spitting on Mrs. Na kamura; mooning Mrs. Nakamura and her fami...

Excerpt: ...lick and Alfred Garcia filed their Complaint against Defendant City of Los Angeles on causes of action for discrimination and retaliation, both in violation of the Fair Employment and Housing Act (“FEHA”). From July 5 to 12, 2023, the Court held a jury trial in this matter. The Jury found in favor of both Plaintiffs and against Defendant on both causes of action. For Plaintiff Stephen Glick, the Jury found $8,621,358.00 in damages, which cons...

Excerpt: ...ick and Alfred Garcia filed their Complaint against Defendant City of Los Angeles on causes of action for discrimination and retaliation, both in violation of the Fair Employment and Housing Act (“FEHA”). From July 5 to 12, 2023, the Court held a jury trial in this matter. The Jury found in favor of both Plaintiffs and against Defendant on both causes of action. For Plaintiff Stephen Glick, the Jury found $8,621,358.00 in damages, which consi...

Excerpt: ...real property after being the highest bidder at a Trustee's foreclosure sale on September 8 , 2020, where it purchased the Second Deed of Trust on the property. Thereafter, Plaintiff alleges Defendants, who owned the First Deed of Trust on the property, engaged in a conspiracy to defraud Plaintiff. Plaintiff obtained a TRO on January 7, 2021, en joining any non -judicial foreclosure action against the property. It is further alleged that on Octob...

Excerpt: ...s portions of the (First) Amended Complaint relating to punitive damages. RULING : The demurrer is sustained and the motion to strike is granted, both, without leave to amend. SUMMARY OF FACTS & PROCEDURAL HISTOR Y This action arises out of Plaintiff Maria Margarita Carranza's (Plaintiff) care and treatment at Defendant Rinaldi Convalescent Hospital (Defendant) from 4/10/21 to 4/12/21. Plaintiff alleges that she suffered “[s]evere infliction of...

Excerpt: ...Family 2000 Living Trust; Wendy Eisler, individually and as trustee for the Eisler Family Living Trust; Eisler Investments; West End Properties; Robert Sundeen; Carole Sundeen; and Dustin Wells MOTIONS Plaintiff Yazmin Ortiz (“Plaintiff”) demurs to the answer and the first amended answer filed by Defendants Rudy Eisler, individually and as trustee for the Eisler Family Living Trust; Stephen Eisler, individually and as trustee for the Eisler F...

Excerpt: ...024 I. INTRODUCTION On July 5, 2024, plaintiff Anahid Minaskanian (“Plaintiff”), individually and as successor-in-interest of Lida Zohrabians (“Zohrabians”), filed this action against defendants Central Convalescent Hospital of Glendale Inc. dba Chandler Convalescent Hospital (“Facility”) (erroneously sued a\ s “Central Convalescent Hospital of Glendale Inc. dba Chandler Convalescent Hospital\ - Glendale” and “Chestnut Ridge Pos...

Excerpt: ... causes of action for (1) Premises Liability; (2) General Negligence; and (3) Wrongful Eviction. Defendant SANDRA CARRILLO (“Defendant”) demurs to the third cause of action under CCP §430.10(a) and (e), arguing that this claim is barred by res judicata. Defendant argues that Plaintiff's claim for wrongful eviction could have/should have been raised in an earlier filed and litigated unlawful detainer action. The Court has reviewed the judicia...

Excerpt: ... Complaint [CRS# 2143]; Plaintiff Jinwoo Park's Motion to Request the State Bar for Defendant Keith Kim's Residence Address; and Plaintiff Jinwoo Park's Motion to Request Appointment of Attorney. I. Background A. Pleadings Plaintiff Jinwoo Park sues Defendants Keith K. Kim, John P. Yasuda, Herb Fox, Joseph Walsh, and State Bar of California pursuant to a November 1, 2023, Third Amended Complaint (TAC) alleging an undefined cause of action that is...

Excerpt: ...'s motion for summary judgment. On March 18, 2024, Plaintiff filed a motion for leave to file the First Amended Complaint. No opposition has been filed. Legal Standard CCP § 472(a) provides “[a] party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is h eard if the amended pl...

Excerpt: ...n receipt of an expert witness list from a party, any other party may take the deposition of any person on the list. The procedures for taking oral and written depositions set forth in Chapters 9 (commencing with Section 2025.010), 10 (commencing with Se ction 2026.010), and 11 (commencing with Section 2028.010) apply to a deposition of a listed trial expert witness except as provided in this article.” (Code Civ. Proc. § 2034.410.) “An exper...

Excerpt: ...2023, the operative First Amended Complaint (“FAC”) was filed. Plaintiff alleges that “[o]n December 11, 2017, plaintiff quitclaimed the property to one Angela Michelle Carrasca. On March 8, 2019, Angele Michelle Carrasco transferred said property to Daniel Carrasco and Angela Carrasco, husband and wife as joint tenan ts.” (FAC ¶6.) “Plaintiff did not on December 11, 2017, or at any time, intend to transfer his property to Angele Miche...

Excerpt: ... 4th Cause of Action for Negligent Hiring, Supervision, and Retention · 5th Cause of Action for Breach of Mandatory Duty RULING : Demurrer is sustained with leave to amend SUMMARY OF ACTION Plaintiff Arif Marwan Halaby (Plaintiff) alleges that on March 14, 2022, a teacher at a Defendant Los Angeles Unified School District (Defendant) middle school verbally assaulted Plaintiff and then physically assaulted him by grabbing Plaintiff by his neck . ...

Excerpt: ...rer to the entire FAC as to Defendant Vargo is sustained with leave to amend. The demurrer to the fourth cause of action for civil theft is sustained with leave to amend and overruled as to the second cause of action for conversion. Plaintiffs are granted 30 days leave to amend. The court continues the Case Management Conference to, and sets the OSC RE: Amended Complaint for, May 30, 2024, at 8:30 a.m. Moving party to give notice. BACKGROUND On A...

Excerpt: ...Amended Complaint (“FAC”). The Court OVERRULES the demurrer. Background This is a landlord- tenant case. The following facts are taken from the allegations in the FAC. Defendants owned or managed (it is unclear which) a four -unit residential rental property located at 720 -722 West 79th Street, Los Angeles, California 90044 (the “Property”). Plaintiffs were tenants at the Property during various time periods. Plaintiffs allege that Defen...

Excerpt: ... ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND This is a family business dispute. On November 15, 2023, plaintiffs Jesse Hirezi (Jesse), an individual and as Trustee of the J & R Hirezi Family Trust of April 20, 2015, Randa Hirezi (Randa), an individual and as Trustee of the J & R Hirezi Family Trust o f April 20, 2015 (collectively, Plaintiffs) filed this action against defendants Hanna Bishara ...

Excerpt: ... an offer of proof if so. Background Plaintiff Flossie C. Parungao (“Plaintiff”) alleges as follows: Plaintiff and Wilfred T. Co aka Winnifredo T. Co (“Co”) are siblings. In June 2004, Plaintiff located and negotiated the purchase of the property located at 302 S. Loraine Ave., Glendora, California 91741 (“Property”) to serve as her residence. Co offered to assist Plaintiff with the purchase of the subject property. Plaintiff and Co a...

Excerpt: ...d April 11, 2024 RELIEF REQUESTED Defendant demurrers to Plaintiff's complaint. BACKGROUND This case arises out of Plaintiff Creditors Adjustment Bureau, Inc.'s (“Plaintiff”) claim that Defendant Edgar J. Guttierrez (“Defendant”) owes an outstanding sum of $16,505.58 for credit card charges and $9,903.83 for a line of credit. Plaintiff filed this complaint on September 11, 2023, alleging one cause of action for breach of contract. TENTATI...

Excerpt: ...d and considered the moving papers (no opposition was filed) and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Bank filed the Complaint against Defendants National, Kindt, and Gleich, on December 4, 2023, alleging (1) claim and delivery and (2) money on a contract. The Complaint alleges as follows. Defendants entered into a written Contract in which Bank's assignor would finance the purchase of the Vehi...

Excerpt: ...read and considered the moving papers (no opposition was filed) and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff ABLT filed the Complaint against Defendants National, Kindt, and Gleich, on January 8, 2024, alleging (1) claim and delivery and (2) money on a contract. The Complaint alleges as follows. Defendants entered into a written Contract in which they leased the Vehicle from ABLT's assignor. Defend...

Excerpt: ...he defendant shall be served with all of the following: (a) a copy of the summons and complaint; (b) A Notice of Application and Hearing; and (c) a copy of the application and any affidavit in support thereof. (CCP §512.030.) The proof of service filed on October 30, 2023 shows that Defendant was served with all necessary documents. Merits Upon the filing of the complaint or at any time thereafter, the plaintiff may apply for a writ of possessio...

Excerpt: ... causes of action arising from Plaintiff's employment with Defendants. On May 5, 2023, Plaintiff filed his First Amended Complaint. On November 9, 2023, the Court deemed admitted certain requests for admission (“RFAs”). On March 20, 2024, Defendant Edgebanding Services, Inc. (“Defendant”) filed its Application for Relief from November 9, 2023 Order Granting Plaintiff's Motion to Deem Requests for Admissions Admitted (“Motion for Relief ...

Excerpt: ...ULING The application for determination of good faith settlement is GRANTED. The court ORDERS that in this action and all related actions, all present claims and cross-complaints of any kind for implied indemnity, equitable comparative contribution and apportionment or partial or comparative indemnity and apportionment based on com parative negligence or comparative fault against Avis Budget Car Rental LLC be and are dismissed with prejudice. Any...

Excerpt: ...se of action for declaratory relief remains. Requests for Judicial Notice Cook and Devin request judicial notice of four exhibits. Plaintiffs request judicial notice of two exhibits. All documents are court records subject to judicial notice under Evidence Code section 452(d). The court grants all requests for judicial notice. Summary of Allegations Plaintiffs' complaint arises from a dispute over two parcels of real property: assessor's parcel n...

Excerpt: ... amended complaint which was rejected. (See Notice of Rejection, 6/23/23.) On February 14, 2024, the Court granted a joint stipulation providing leave for Plaintiff to file a second amended complaint (“S AC”). On February 15, 2024, Plaintiff filed the operative SAC against Defendants La -Z -Boy Incorporated, Home Delivery Link Inc., On 2 the Next Logistix, LLC, Kristin Tyler James, Anthony Charles Scandrick, and Does 1 to 50, asserting the fo...

Excerpt: ...plainant Jeremy Wizman Notice: OK Ruling: Plaintiffs' Motion for Leave to Augment Expert Witness Reports is DENIED. Defendants' Request for Discovery Sanctions is GRANTED BACKGROUND Plaintiffs and Defendants are adjoining landowners. Plaintiffs allege Defendants undertook a significant renovation project on their property that was unpermitted and done without engineering calculations, rendering the entirety of the work illegal and dangerous. Plai...

Excerpt: ...e, Defendant's request is unnecessary and the Court declines to rule on the request. Legal Standard The purpose of a motion for summary judgment or summary adjudication “is to provide courts with 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.) “Code of Civil Procedu...

Excerpt: ...23, Defendant Ralphs Grocery Company (erroneously sued as “Ralphs Grocery Company, a Corporation”) filed its answer. On July 28, 2023, Yen filed his answer. On March 22, 2024, Ralphs filed the instant motion. On April 4, 2024, Plaintiff filed her opposition. On April 11, 2024, Ralphs filed its reply. Legal Standard Generally, a party must file a cross -complaint against any of the parties who filed the complaint or cross - complaint against h...

Excerpt: ...rtment 76 may be sent by email to [email protected] or telephonically at 213 -830- 0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendant attorneys committed legal malpractice and abandoned Plaintiff as a client in the underlying Case. On March 6, 2024, the Court ordered the Complaint dismissed with prejudice as to Defendant ...

Excerpt: ...s continued to fail to produce a PMQ for several issues, and has also failed to produce all required documents. The Court noted that the parties had additional depositions scheduled and continued the hearing date from 4/04/24 to 4/18/24 in the hopes that the parties could resolve all outstanding issues without the need for further law and motion practice. On 4/12/24, the parties filed timely briefs concerning outstanding issues. 2. Outstanding Is...

Excerpt: ... Code §54. RELIEF REQUESTED Plaintiff, Orlando Price, moves this Court for an order compelling the deposition of Defendant's Person(s) Most Qualified for Los Angeles County Metropolitan Transportation Authority re: ADA Compliance Pursuant to CCP §2025.010 et seq and 2025.230 et seq. and request for production of documents as specified in Plaintiff's deposition notice. PROCEDURAL Moving Party: Plaintiff, Orlando Price Responding Party: Defendant...

Excerpt: ...y Lee Smithers ("Defendants") for damages arising from a motor vehicle collision. Defendants now move to compel the deposition of non-party Gagandeep Singh ("Singh"), who is the person most knowledgeable ("PMC) at Diamond Sea, Inc. Defendants asserts they served Singh with a valid deposition subpoena that required Singh to appear for his deposition on November 29, 2023, but Singh did not appear for his deposition. The motion is unopposed. 11. MOT...

Excerpt: ...ril 10, 2024. [1] Defendant replies. LEGAL STANDARD “If, after service of a deposition notice, a party to the action . . . , without having served a val id objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document . . . described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the producti...

Excerpt: ...fendants E*TRADE Securities LLC and John Edward Bersin's Motion to Compel Arbitration is GRANTED and the present action is STAYED pending the completion of arbitration. Defendants E*TRADE Securities LLC and John Edward Bersin's Demurrer to Plaintiffs' Complaint is DEEMED MOOT. Proceedings on Defendant Bank of America, N.A.'s Demurrer to Plaintiff's Complaint are STAYED pending completion of arbitration. BACKGROUND On November 17, 2023, Plaintiffs...

Excerpt: ...tment 76 may be sent by email to [email protected] or telephonically at 213 -830- 0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. IF ALL PARTIES SUBMIT ON THE TENTATIVE RULING, THE COURT WILL CONTINUE THE CASE MANAGEMENT CONFERENCE TO JUNE 28, 2024 AT 8:30, AND NO APPEARANCE WILL BE REQUIRED FOR THE APRIL 18, 2024 CASE MANAGEMENT CONFERENCE. TENTATIVE...

Excerpt: ...Sorum is DENIED as to compensatory damages and GRANTED as to punitive damages. Moving party to provide notice. FACTUAL BACKGROUND This is an action for violations of the FEHA, retaliation, wrongful termination, intentional infliction of emotional distress, and Labor Code violations. Plaintiff alleges she was employed by Regus Management Group, LLC between January 2018 and December 20 19. Plaintiff alleges that members of Defendants' executive tea...

Excerpt: ...ain orders Plaintiff to provide verified responses, without objections, to Defendant's Requests for Production of Documents, Set One, and Form Interrogator ies, Set One, within 20 days of the Court's order. Defendant is ordered to give notice of the Court's ruling within five calendar days of this order and file proof of service of the same. BACKGROUND This is a business dispute case. On May 17, 2022, plaintiff California Home Solar Technology, I...

Excerpt: ...ng from an automobile collision. Defendant Cody Yaraghchi, erroneously sued and served as Cody Araghachi, (“Yaraghchi”) now moves for terminating sanctions against Plaintiff Grey to dismiss her action on the grounds that she failed to abide by the Court's September 19, 2023 Order to appea r for her deposition. Defendants Uber Technologies, Inc., Rasier, LLC and Rasier -CA, LLC (“Uber Defendants”) join the motion. Plaintiff Grey opposes Ya...

Excerpt: ...rtment 76 may be sent by email to [email protected] or telephonically at 213 -830- 0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. This is a commercial unlawful detainer action. The Court granted Plaintiff HE&E Triggs LLC's motion for summary judgment and entered judgment in favor of Plaintiff. Plaintiff now seeks an award of attorney's fees. TENTATIV...

Excerpt: ... 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 contends that the c...

Excerpt: ...Plaintiff”) was hired as a Residential Assistant Community Manager with Decron Properties Corp. (“Decron”). Pursuant to her employment, Pasquini lived and worked at the Ascent Apartments, which is owned by Villa Cezanne Apartments (“VCA”). Pasquini reported to Senior Community Manager Robin Sidenstecker (“Sidenstecker”) and Director Gino Cesario (“ Cesario”). David Nagel is the CEO of Decron. Decron and VCA are joint employers. ...

Excerpt: ...n as to each of Plaintiff's causes of action. The Court DENIES Freshman's motion for summary judgment. The Court DENIES Freshman's motion for summary adjudication. Background This is a landlord- tenant case. Plaintiff lived at 404 N. Maple Drive, Unit 302 (the “Property”) for roughly nine years. Plaintiff alleges that the Property suffered a number of issues including mold growth, asbestos exposure, and inadequate flooring and soundproofing, ...

Excerpt: ...ff is awarded judgment for possession of the property and $165,000 in holdover damages plus costs. BACKGROUND On August 20, 2021, plaintiff Adrienne L. Spruth filed an unlawful detainer complaint against Mark J. Spruth based on tenancy at will and a 30- day notice to quit as to property at 26202 Grayslake Road, Rancho Palos Verdes. On October 8, 2021, the court denied defendant's motion to quash service of summons. On December 17, 2021, the court...

Excerpt: ...t rather than in person due to the COVID -19 pandemic. Plaintiff Delia Alvino seeks leave to file a first amended complaint. Plaintiff states that “[t]he proposed FAC differs from the Complaint in three primary aspects. First, the FAC adds Plaintiff's husband, Alfred Alvino, as a plaintiff. Defendants Sunrun Inc. and Sunrun Installation Services Inc. (collectively, ‘Sunrun') prompted the addition of Mr. Alvino to this case by way of Sunrun's ...

Excerpt: ... Documentary Evidence OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Waukeen McCoy 3. Declaration of Vinay Ginjupalli 4. Declaration of Marilyn E. McCullum 5. Separate Statement of Disputed Material Facts 6. Objections to Evidence REPLY PAPERS: 1. Reply in Support of Motion for Summary Judgment 2. Evidentiary Objections BACKGROUND On or about November 4, 2020, Plaintiff Peri...

Excerpt: ... for injuries arising from Plamtifffalling off a ladder. Plamtiff filed an amendment to complaint naming Shahe Terjimanian as Doe 1, At this time, Plaintiff seek leave to file a First Amended Complaint ("PAC") to add a third cause of action for Uninsured Employer & Negligence Pursuant to California labor Code 3700 & 3706, and fourth cause of action for negligence per se, in addition to seeking damages. Anahid Terjlmanian and Shahe Terjimanian ("D...

Excerpt: ...wherein the Opposition states that sanctions are still at issue. Opposition cites CCP § 2025.420(h) which states, “The court shall impose a monetary sanction under Chapter 7 (commencing with § 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion for a protective order, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the impositi...

Excerpt: ...era Event Venue, Inc. failed to timely respond to Form Interrogatories, Set One, due to counsel's mistake, inadvertence, or excusable neglect. Due to a conflict in representation, Cullins & Grandy LLP will no longer be representing Modera Event Venue, Inc. In the process of transferring representation to new counsel, Cullins & Grandy LLP failed to timely serve a response to Form Interrogatories, Set One. This Motion is brought pursuant to Code of...

Excerpt: ...ase and sale agreement for real property in South Carolina. The seller, Plaintiff EMRES II South Carolina, LLC (“Plaintiff”) has sought liquidated damages from purchaser, Defendant Spain Companies, LLC (“Defendant”) pursuant to the terms of the agreement. Plaintiff now moves for summary judgment. Plaintiff's motion is unopposed. LEGAL STANDARD – MOTION FOR SUMMARY JUDGMENT “[T]he party moving for summary judgment bears the burden of p...

Excerpt: ... and twenty-third affirmative defenses. The motion is moot as to the twenty -first and twenty -fifth affirmative defenses, and is denied as to the remaining affirmative defenses. On October 4, 2021, Plaintiffs Robert Drummond and Robert Drummond, MD, PHD, P.C. filed the operative Complaint against Defendant General Motors, LLC (Defendant GM) and Symes Cadillac, Inc. for (1) breach of express warranty under Song -Beverly Act, (2) bre ach of implie...

Excerpt: ...PAPERS 1. Plaintiff's Memorandum of Points and Authorities in Opposition 2. Plaintiff's Separate Statement of Disputed and Undisputed Material Facts 3. Declaration of Josephine D. Far in Support 4. Table of Evidence in Support REPLY PAPERS 1. Defendant's Reply 2. Defendant's Response to Plaintiff's Undisputed Material Facts BACKGROUND On September 2, 2021, Plaintiff Jose Luis Antonio Guerra Guerra (“Plaintiff”), filed this action against Defe...

Excerpt: ...TS' MOTION FOR SUMMARY ADJUDICATION AS TO ALL ISSUES ARE DENIED. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self -represented party) before 8:30 am on the day of the hearing. The Court considers the moving papers, opposition, reply, and supplemental briefs. [1] BACKGROUND On November 10, 2022, Plaintiff Sajith Weerasignhe sued Defenda...

Excerpt: ...opposed motion for summary judgment, filed on December 15, 2023. No opposition has been filed as of the time of posting this tentative. Defendant Lincoln moves for summary judgment on the grounds that: (1) it did not owe Plaintiff a duty to warn or fix the alleged dangerous condition, (2) the alleged dangerous condition was open and obvious and (3) it was not necessary for Plaint iff to encounter the alleged dangerous condition. The motion for su...

Excerpt: ...al malpractice action. On September 7, 2021, plaintiff Jennifer Alcox, individually and as successor in interest to decedent Yvonne Alcox (Plaintiff), filed this action. On September 14, 2023, Plaintiff filed the operative Second Amended Com plaint against defendants Emanate Health Medical Center dba Queen of the Valley Hospital (Queen of the Valley), Augen Batou, D.O. (Dr. Batou), Adel Sandouk, M.D. (Dr. Sandouk), and Does 1 through 100, allegin...

Excerpt: ...o give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID -19 pandemic. On March 18, 2021, Plaintiff D&M Restaurant Group, Inc. filed the operative First Amended Complaint for (1) negligence, (2) breach of contract, and (3) breach of the implied covenant of good faith and fair dealing. Plaintiff's primary allegations are as follows. Plaintiff owned a s...

Excerpt: ...ff Albert Agdaian owned certain real property at 7373 Perigord Court, Tujunga. The common areas were managed by homeowner association Defendant Renaissance Maintenance Corp. In March 2022, sold the residence. Upon the close of escrow, $67,153 was pa id to Defendant homeowner association for purported landscape repairs. Plaintiff contends no repairs were actually completed, and challenges the reasonableness of the amount. On July 12, 2022, Plainti...

Excerpt: ...ounty of Los Angeles (“County”) and Los Angeles County Sheriff's Department (erroneously sued separately) for damages arising from Decedent's death while in Men's Central Jail at 441 Bauchet St., Los Angeles, CA, 90012. Plaintiff alleged the following causes of action: (1) negligence, (2) wrongful death, and (3) premises liability. On August 22, 2023, the Court granted County's motion for judgment on the pleadings with leave to amend within 2...

Excerpt: ...G PARTY: Defendants Marie Ilous and In Action Realtors, Inc. d/b/a Brad Korb Real Estate NOTICE: ok RELIEF REQUESTED: An order from this Court compelling Defendants Marie Ilous and In Action Realtors, Inc. to serve full, responsive, and complete verified responses, without objections to Plaintiffs' Request for Production, Set One, and imposing monetary sanctions in the am ount of $2,425.00. TENTATIVE RULING: The motion is deemed MOOT. The request...

Excerpt: ...mely response to a request for admission under Code of Civil Procedure section 2033.010, the propounding party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction. (Code of Civ. Proc., § 2033.280, subd. (b).) The party who failed to respond waives any objections to the demand, unless the court grants that party relief from the wa...

Excerpt: ...liability. City filed an answer on June 1, 2021. On December 15, 2021, Plaintiff filed an amendment to the complaint to name James W. Stewart, II (“Stewart”) as Doe 1. On June 2, 2023, Plaintiff filed a First Amended Complaint (“FAC”) asserting the same claims against the same defendants. On June 6 and 29, 2023, Stewart and City filed their answers to the FAC. On March 1, 2024, Stewart filed his motion for summary judgment. The motion is ...

Excerpt: ...es for this case (22STCV29506) and case numbers 23STLC07239 , 23IWSC01292, 23IWSC01646, and 23IWSC01291. Also on January 8, 2024, Seres filed a motion to consolidate case numbers 23STLC07239, 23IWSC01292, 23IWSC01646, and 23IWSC01291 to be heard on February 9, 2024. The Court continued the hearing to February 20, 2024. On February 9, 2024, Seres filed an answer. On February 20, 2024, the Court heard argument on its tentative ruling and continued ...

Excerpt: ...ct 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.” (Code Civ. Proc. § 1048, subd. (a).) The purpose of consolidation is to enhance trial court efficiency by avoiding unnecessary duplication of evidence and the danger of incon...

Excerpt: ...void unnecessary costs or delay.” (Code Civ. Proc. § 1048, subd. (a).) The purpose of consolidation is to enhance trial court efficiency by avoiding unnecessary duplication of evidence and the danger of inconsistent adj udications. (See Todd -Stenberg v. Dalkon Shield Claimants Trust (1996) 48 Cal.App.4th 976, 978 -979.) Consolidation, however, is not a matter of right; it rests solely within the sound discretion of the trial judge. (Fisher v....

Excerpt: ... for the wrongful death of her husband, Keith Perkins, due to the medical negligence of Defendants Prime Healthcare Centinela, LLC dba Centinela Hospital Medical Center (“Centinela”); Broderick J. Franklin, M.D. (“Franklin”); and Does 1 through 25. Centinela and Franklin filed their answers to the FAC on January 11 and June 9, 2023. On June 9, 2023, Franklin served Plaintiff with discovery, including Form Interrogatories (Set One) and Spe...

Excerpt: ...ments; and 4. Plaintiff Holly Robin Garcia's Motion to Compel Defendant Michael Antonio Diaz to Respond to Requests for Admissions. TENTATIVE RULING The Court GRANTS Plaintiff's motions to compel Defendant Michael Antonio Diaz to respond to special interrogatories, form interrogatories, requests for production of documents, and requests for admissions. The truth of the matters specified in Requests for Admissions, Set One, is deemed and conclusiv...

Excerpt: ...ge for dismissing a lawsuit, Defendant agreed to pay a total of $124,392.08 in monthly installments, subject to late fees. Aside from some payments, there remains an unpaid principal of $107,930.30. On April 18, 2023, the complaint was filed. [2] On June 2, 2023, default was entered against Defendant. On July 20, 2023, default judgment was entered against Defendant in the total amount of $113,623.29 ($94,955.81 in damages; $11,751.96 in prejudgme...

Excerpt: ...g Plaintiff Brown an extension to provide responses by January 15, 2024, Plaintiff has failed to sewe responses to date despite defense counsel sending several follow-up correspondences. Defendant therefore seeks an order compelling Plaintiff Brown to respond, without objections, to the outstanding discovety and to pay sanctions. Any opposition was due on or before April 4, 2024; the motion is unopposed. 11. MOTION TO COMPEL For a motion to compe...

Excerpt: ...lleged abuse took place in 1991 -1992, when Jane Doe AH was 13 and Jane Doe KC was 15. The abuse occurred in both Mexico and California, while the Doe plaintiffs were backup singers and dancers for Defendant Trevi, a Mexican popstar. There are two cross -complaints in this action, as well as a related case filed by a third Jane Doe, as well as the two Doe plaintiffs here. Defendant Trevi filed the motion to compel further responses on October 17,...

Excerpt: ...oy to Provide Further Responses to Defendant's Form Interrogatories, and Request for Sanctions [CRS# 1968]; Defendant American Honda Motor Co., Inc.'s Motion to Compel Plaintiff Patricia Mascorro Monroy to Provide Further Responses to Defendant's Special Interrogatories, and Request for Sanctions [CRS# 9876]; Defendant American Honda Motor Co., Inc.'s Motion to Compel Plaintiff Gerardo Monroy to Provide Further Responses to Defendant's Special In...

Excerpt: ...intiff Krystal Shin, by and through her parent and guardian ad litem (“GAL”) You Sun Jang (“Plaintiff”) RESPONDING PARTY: Defendant PlayCore Wisconsin Inc. (“Defendant” or “PlayCore”) NOTICE: ok RELIEF REQUESTED: An order from this Court compelling Defendant PlayCore to produce further responses to Demand for Production No. 1, Set Two, without objection within 10 days, and imposing monetary sanctions in the amount of $2,400.00 aga...

Excerpt: ...t considered the moving papers, opposition, and reply. The motion is DENIED. The request for sanctions is also DENIED. Background On June 1, 2021, Plaintiff Angeline Brown (“Plaintiff”) filed the operative Complaint against Defendants Beverly Hills Properties, LLC, a California limited liability company; Donald T. Sterling Corporation, a California corporation; Rochelle Sterling, as Trustee of the Sterling Family Trust; The Sterling Family Tr...

Excerpt: ...nopposed as of April 15, 2024. This is an employment law action. Specially Appearing Defendants Base Hills, Inc. dba Jan Point; Nellis Building Service, Inc.; and Sunny Kim move to quash service of summons served on them. Request for Judicial Notice Specially Appearing Defendants request the court to take judicial notice of the “right to sue notice” issued by Nevada Equal Rights Commission on January 25, 2023 under California Evidence Code se...

Excerpt: ... mandates. Now, specially appearing Doe Defendant Kristin Crowley (Defendant Crowley) moves to quash service of summons. Discussion Defendant Crowley, the Fire Chief of LAFD as of 3/25/2022 argues that service upon her was defective because Plaintiffs failed to personally serve her by personal service. "Personal Service" has been defined as the actual delivery of the papers to the defendant in person. (See Sternbeck v. Buck (1957) 148 Cal...

Excerpt: ...�) that Petitioner received an overpayment of unemployment insurance benefits. Respondent opposes the petition, which is denied. FACTUAL BACKGROUND On September 21, 2021, The EDD notified Petitioner that it determined he had been overpaid unemployment insurance benefits. [1] (AR 5.) The EDD found that “benefits were paid before it was known that you had earnings over $25.99.” (AR 5.) The EDD reported to Petitioner it had added a statutory pen...

Excerpt: ...Galloway, Hanibal Design Carlisle, and Urban Bilial Carlisle for breach of contract, intentional misrepresentation, and financial elder a buse. Plaintiffs filed an amended complaint on January 19, 2024. Plaintiffs allege Ellen, who is 89 years old, purchased a 3 -bedroom condominium. David is Ellen's son. Plaintiffs further allege Constance befriended Ellen and Ellen considered Constance like a daughter. Constance informed Ellen she could act as ...

Excerpt: ...S SET FOR MAY 15, 2024 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Kareen Rowtham (“Defendant”) on January 13, 2021. Defendant filed an answer and cross- complaint against Cross-Defen dant Cole Michael Cornan (“Cross - Defendant”). On July 13, 2022, Plaintiff filed a co...

Excerpt: ... corporation (the "Lewitt Hackman Defendants") move the court for an order striking the Complaint for Malicious Prosecution filed by Plaintiffs Reuven Justin Cypers aka Rory Cypers ("Cypers") and Residual Income Opportunities, Inc. ("RIO")(collectively, "Plaintiffs"). Discussion The operative Complaint comprises of a sole cause of action for malicious prosecution. As to Plaintiffs' sole cause of action, an acti...

Excerpt: ... granted. SUMMARY OF ACTION On February 27, 2023, Plaintiff The Las Canoas Co. (Plaintiff) filed a complaint against Defendants McGarrigle, Kenney & Zampiello, APC and Patrick C. McGarrigle (the McGarrigle Defendants) and other defendants, including Annette Rubin and Abraham Stuart R ubin (the Rubins), with a single cause of action for malicious prosecution. The cause of action for malicious prosecution is based on the underlying case of McCoy El...

Excerpt: ...nt action against Les Cohen, individually and as a Trustee of The Cohen Living Trust dated January 17, 2018 (“Cohen”); David Daneshrad, Esq.; Assaf Cohen, Esq., aka Jay Cohen; and Cohen and Daneshrad, LLP. The complaint asserts nine causes of action, five of which are alleged against Cohen: (a) the first cause of action for “fraud, deceit and concealment”; (b) the second cause of action for “fraud and deceit-for rescission and restituti...

Excerpt: ...HER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS ARE CONTINUED. PLAINTIFFS 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. No opposition was filed. BACKGROUND On November 24, 2021, Plaintiffs Joel Bernknopf and John Lamorte sued Defendants ...

Excerpt: ...OUND This case arises from an employment dispute. Defendant Aurice Veloso was a long -time caregiver for Plaintiff Leo David and his late wife, Ruth David. (Compl. ¶¶ 7 -8.) Plaintiff alleges Defendant stole monies and personal property and engaged in financial and physical elder abuse. ( Id. ¶¶ 11 -30.) The operative complaint alleges eleven claims for: (1) Elder Abuse; (2) Intentional Infliction of Emotional Distress; (3) Negligent Inflicti...

Excerpt: ...give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID -19 pandemic. On February 7, 2023, a jury entered verdicts in favor of Plaintiffs DONE! Ventures, LLC (“Done!”) and Coastal Laundromat, Inc. (“Coastal”), and against Defendants Jerry Jamgotchian, El Segundo Plaza Associates L.P. (“ESPA”), and Theta Holding IV, Inc. (“Theta”), for P...

Excerpt: ...ty”). Plaintiffs' causes of action in the First Amended Complaint (“FAC”) against Defendant Block are: (1) Wrongful Foreclosure; (7) Accounting; and (8) Unfair Business Practices. Plaintiffs' causes of action against both Defendants are: (2) Quiet Title; (3) Cancellation of Instrument; (4) Declaratory Relief; (5) Violation of Regulation Z of the Truth in Lending Act; and (6) Fraud. On 2/6/24, the Court denied Plaintiffs' ex parte applicatio...

Excerpt: ...iff filed suit against the City for (1) Premises Liability and (2) General Negligence. On December 29, 2022, the City filed a Demurrer, which the court sustained with 20 days leave to amend on 2/14/23 (as the complaint provided no bases of statutory liability as required by Government Code § 815). On June 15, 2023, the City filed the instant two discovery motions (and two more with scheduled hearings for 8/15/23). On July 7, 2023, the court in t...

Excerpt: ...er. She regularly appears on television and media. Plaintiff hired Defendant Victoria Sophia Sanjurjo to apply facial fillers to her face. D efendant's treatment was allegedly so deficient, it resulted in substantial deformities to Plaintiff's face. Defendant also purportedly disclosed to Plaintiff's friend, confidential details of the surgery. On May 30, 2023, Plaintiff filed a Complaint against Defendant. The Complaint alleges two claims for pr...

Excerpt: ...favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. (CCP § 1032 (a)(4).) “Allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.” (CCP § 1033.5(c)(2).) “If the items appearing in a cost bill appear to be prop...

Excerpt: ...professional negligence by, among other things, representing them in matters despite the existence of an undisclosed conflict. Defendants Yongduk Chung; JC&Company Law Corporation; JC&Company, Inc.; JC&Company PC; and JC&Company, LLP now move to strike portions of the Second Amended Complaint. Plaintiffs opposed. TENTATIVE RULING: Defendants' Motion to Strike is GRANTED without leave to amend. Defendants are to file an Answer to the SAC (as modif...

Excerpt: ... and Ho Seong Lee (collectively, Plaintiffs) filed this action against defendants Nicholas Simmons (Nicholas), Cathy Simmons (Cathy) (collectively, Moving Parties), Prager Metis, CPAs (Prager), Genitrix Georges (Georges), and Does 1 to 10. On September 29, 2023, Plaintiffs filed a Second Amended Complaint (SAC), alleging causes of action for injury to real property, breach of contract (Nicholas and Cathy Simmons), intentional misreprese ntation/f...

Excerpt: ...t Mulgrew Aircraft Components, Inc. Motion to Strike Cross-Complaint The court considered the amended moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Plaintiff and cross -defendant David Maijala (“Maijala”) moves the court for an order striking the Cross -Complaint filed by defendant and cross -complainant Mulgrew Aircraft Components, Inc. (“Mulgrew”) on December 7, 2023 as untimely. “If a party doe...

Excerpt: ...agraphs 1, 31, 43, and 45 and paragraphs 7 and 8 of the Prayer for Relief or Plaintiffs' claims to Declaratory Relief, Injunctive Relief, and Punitive Damages. The opposition was due April 4, 2024 and none was filed. Discussion Previously at the hearing on the demurrer to the original complaint, the Court sustained the demurrer to the third cause of action (COA) for declaratory relief. The Court granted leave to amend the third COA. However, Plai...

Excerpt: ...laintiff”) filed a Complaint against Defendants, Searock PVE, LLC, Pinky Khan, Ahmad Khan, Tiffany Kawata, Murat Mese, and DOES 1 through 100. The Complaint alleges causes of action for: (1) Intentional Mi srepresentation; (2) Negligent Misrepresentation; (3) Fraudulent Concealment; (4) Private Nuisance; (5) Invasion of Privacy, Intrusion into Seclusion; (6) Intentional Infliction of Emotional Distress; (7) Breach of Implied Warranty of Habitab...

Excerpt: ...e strongly encouraged to appear by LACourtConnect rather than in person due to the COVID -19 pandemic. Plaintiff Massamilano Valladares seeks to strike the Answer of Defendants Black Executive Security Inc. and George Flaviu Pop because they are unrepresented litigants. Motions to strike are used to challenge defects in the pleadings not subject to demurrer. Any party may move to strike the whole or any part of a pleading within the time allotted...

Excerpt: ...�� or “Plaintiff”) filed this action against Defendant AIDS Healthcare Foundation (“AHF” or “Defendant”). On October 9, 2019, Plaintiff filed the First Amended Complaint (“FAC”). The FAC asserted causes of act ion for: 1. Violation of Labor Code § 1102.5; 2. Violation of Health & Safety Code § 1278.5; 3. Violation of Business & Professions Code § 510; 4. Sexual Orientation Discrimination in Violation of Government Code § 12940...