Excerpt: ...us condition of public property and (2) negligence. Plaintiff alleges that he was injured in a train by pedestrian collision on December 13, 2017. On May 8, 2020, Plaintiff amended the Complaint to identify Doe 31 as Jeffrey Hosford. Hosford subsequently filed a motion to quash and demurrer on the basis that the doe amendment was improper because Hosford's identity and culpability were known at the time the Complaint was filed. Hosford argued tha...

Excerpt: ... [TENTATIVE] ORDER RE: DEFENDANTS SHIMA HADIDCHI AND ARASH MILANI'S DEMURRER TO PLAINTIFFS' COMPLAINT. Dept. 27 3:30 p.m. December 14, 2020 I.INTRODUCTION On August 3, 2020, Plaintiffs Vali Abdoli and Shala Abdoli (Shahla filed this wrongful death and survivor action against Defendants Shima Hadidchi (“Hadidchi”), Arash Milani (“Milani”), and Masoud Bitarafan (“Bitarafan”) arising from the death of Mohammad Abdoli (“Decedent”) on ...

Excerpt: ...nterprise's (LAAAE's) second cause of action for breach of the settlement agreement in the complaint filed in the consolidated action, Case No. BC651651 (the Consolidated Action). The motion is denied. A motion for judgment on the pleadings may be made after the time to demur has expired and an answer has been filed. (Code Civ. Proc., § 438, subd. (f).) A motion by a defendant may be made on the grounds that the complaint or cross-complaint “d...

Excerpt: ...ION In 2008, Plaintiff Anthony Clark purchased two real properties in Northridge—10234 Candleberry Lane and 12018 Deerfield Lane. Plaintiff paid $1.4 million for the Candleberry home and $1 million for Deerfield. Between 2011 and 2013, Plaintiff became involved in a “series of disputes,” including a disagreement with his former “business partner and girlfriend” as well as undisputed “oversees” (sic) issues that would require his pre...

Excerpt: ...h 100. The Complaint asserts causes of action for: 1. Negligence; 2. Premises Liability; 3. Strict Products Liability: Design Defect; 4. Strict Liability: Failure to Warn; and 5. Products Liability: Negligence. On December 17, 2018, Plaintiff dismissed Defendant Muse Lifestyle Group, LLC without prejudice. On June 10, 2020, Plaintiff filed three Amendments to Complaint (Fictitious/Incorrect Name) substituting United World Enterprise, Inc. D/B/A R...

Excerpt: ...urance Agency (“Ting Sung Insurance”); and Does 1 through 100. On June 30, 2020, Plaintiff filed the First Amended Complaint (“FAC”). The FAC corrects Minasian & Associates to M & A Real Estate Services DBA Minasian & Associates (“Minasian & Associates) and asserts causes of action for: 1. Breach of Contract (against Braemar on Raymond and Braemar-Caledonia); 2. Breach of Contract (against Sauve Riegel); 3. Breach of Contract (against T...

Excerpt: ...ts negligently removed portions of her teeth. Plaintiff asserts causes of action for professional negligence, medical battery, and intentional infliction of emotional distress. Now, Defendants demur to the second and third causes of action, which Plaintiff opposes. The demurrer is overruled. LEGAL STANDARD “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235...

Excerpt: ...��Defendant”) demurs to the 1 st (breach of written contract), 2 nd (money had and received), and 3 rd (breach of contract) causes of action in the second amended complaint (“SAC”) of Plaintiff Elias G. Shiber (“Plaintiff”). Defendant argues Plaintiff failed to allege sufficient facts to constitute the causes of action. (Notice of Demurrer, pgs. 2-3.) Defendant's 4/13/20 request for judicial notice is granted. (D-RJN Nos. 1, 2; Decl. of...

Excerpt: ...ers for punitive damages (¶19, Prayer ¶2) and attorney fees (Prayer ¶3) and a claim for emotional distress (¶16). RULING: The demurrer is sustained without leave to amend. The motion to strike is placed off calendar as moot. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at...

Excerpt: ...d on December 19, 2018. On May 1, 2020, the Court entered default against Defendant Mary Ann Hencker. On August 21, 2020, Defendant Ikea filed a motion for a determination of a good faith settlement pursuant to California Code of Civil Procedure section 877.6. Trial is set for April 13, 2021. PARTY'S REQUEST Defendant Ikea asks the Court to find that a settlement Defendant Ikea and Plaintiff agreed to was entered in good faith. LEGAL STANDARD Cal...

Excerpt: ...s, Inc. dba Beverly Hills BMW (“Beverly Hills BMW”) and Kiki Cholewka (“Cholewka”) (collectively, “Defendants”) for negligence arising from services and repaired performed when he brought the vehicle in on March 1, 2017 and March 20, 2017. Plaintiff alleges he complained to Beverly Hills BMW that his vehicle's steering wheel had been locking up at certain times and asked Beverly Hills BMW to investigate and repair the issue. Plaintiff...

Excerpt: ...is for sealing. AHT to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LA Court Connect rather than in person. BACKGROUND On May 9, 2019, Plaintiff McDonnell Roofing, Inc. filed a Complaint against Defendants American High Tech Roof Coating, Inc. (“AHT”) and Ruben Quezada for misappropriation of trade secrets under Civ. Code sec. 2316 et seq., breach of fiduciary duty, and money had and receiv...

Excerpt: ...ving parties to have limited contact and communications with persons and businesses moving parties are prohibited from contacting SUMMARY OF FACTS: The complaint alleges that plaintiff J & J Freight Solutions, LLC is a successful trucking business, and that Golden J. Group, Inc. is a sister business of J & J, providing backup services for J & J that comprised of assisting in port entry, trucking, repairing, warehousing and repackaging services, a...

Excerpt: ...rvice of process. (See Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 808.) “[C]ompliance with the statutory procedures for service of process is essential to establish personal jurisdiction. [Citation.]” (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1444.) Defendants are under no duty to respond in any way to a defectively served summons. It makes no difference that the defendants had actual knowledge of the action. Suc...

Excerpt: ...nal equivalent of a personal appearance in court, no special protocols are in place at this time. Audio Only Appearances. 1. Argument is limited to three minutes, unless the court grants a request for additional time. 2. The reading of argument is feckless and nugatory. 3. State your name at the beginning of all statements. 4. Do not speak directly to other counsel without permission of court. 5. Do not interrupt or attempt to speak over another ...

Excerpt: ...action against Defendant Harbor Dispatch Transport, Inc. arising from an April 25, 2017 motor vehicle accident. On June 12, 2020, Defendant served 12 subpoenas requesting medical, radiology, and billing records from United Medical Imaging of Los Angeles – Downtown LA, United Medical Imaging, Inc./Billing – West LA, United Medical Imaging of Los Angeles/Radiology, Radnet, Inc. – Radnet, Radnet Inc./Billing, and Radnet Film Library. Each subp...

Excerpt: ...tional equivalent of a personal appearance in court, no special protocols are in place at this time. Audio Only Appearances. 1. Argument is limited to three minutes, unless the court grants a request for additional time. 2. The reading of argument is feckless and nugatory. 3. State your name at the beginning of all statements. 4. Do not speak directly to other counsel without permission of court. 5. Do not interrupt or attempt to speak over anoth...

Excerpt: ...terrogatories, Set No. One CHRONOLOGY Date Discovery served: November 27, 2019 Extension to Respond to: January 2, 2020 Date Responses served: NO RESPONSES SERVED Date Motion served: July 2, 2020 Timely OPPOSITION: No opposition. ANALYSIS: Under CCP § 2030.290, “If a party to whom interrogatories are directed fails to serve a timely response,” that party “waives any legal right to exercise the option to produce writings...as well as any ob...

Excerpt: ... HCT Europe Limited (“Plaintiffs” or “HCT”) move the court to continue the stay previously imposed on May 22, 2019 at the requests of Defendants Nicholas Gardner (“Gardner”), Derrick Chang (“Chang”), Cindy Lim (“Lim”), Cognisant LLC, (“Cognisant”), Cognisant Real Estate (“CRE”), Cognisant Limited (“CL”), and Broad Court Partners LLC (“BCP”). The United States of America (the “United States”) has intervened ...

Excerpt: ...ainst Defendants Tawny Lynn Lago and Nicholas Light for motor vehicle negligence and negligence per se arising from a February 1, 2019 motor vehicle collision. Defendants move to strike Plaintiffs' punitive damages allegations. The Motion is unopposed. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Cal. Civ. Proc. Code § 435 (b)(1).) The court may, upon ...

Excerpt: ...ngs arising from a March 28, 2020 motor vehicle accident. Plaintiff alleges Defendant made a left turn directly onto oncoming traffic and collided with Plaintiff, who was on a motorcycle. Defendant moves to strike Plaintiff's request for punitive damages from the Form Complaint and the Exemplary Damages Attachment on the grounds that punitive damages is not available for a motor vehicle negligence case. Any party, within the time allowed to respo...

Excerpt: ...tional equivalent of a personal appearance in court, no special protocols are in place at this time. Audio Only Appearances. 1. Argument is limited to three minutes, unless the court grants a request for additional time. 2. The reading of argument is feckless and nugatory. 3. State your name at the beginning of all statements. 4. Do not speak directly to other counsel without permission of court. 5. Do not interrupt or attempt to speak over anoth...

Excerpt: ... Davis Responding Party: Plaintiffs Grace Community Church of the Valley and Pastor John MacArthur Real Party in Interest Father Trevor Burfitt Real Party in Interest Kern County Defendants Sheriff Donny Youngblood and Matthew Constantine REQUEST TO CONSOLIDATE the following cases: Case No. Plaintiff(s) Defendant(s) 20 BBCV00497 Grace Community Church of the Valley Pastor John MacArthur Gavin Newsom Xavier Becerra Sandra Shewry Erica Pan Barbara ...

Excerpt: ...ponses to Special Interrogatories 3. Robert Abassi, Terrance J. Carroll, RTI Properties, Inc., and Gardena West, LLC's Motion to Compel Responses to Requests for Production of Documents 4. Robert Abassi, Terrance J. Carroll, RTI Properties, Inc., and Gardena West, LLC's Motion to Deem Requests for Admissions Admitted TENTATIVE RULING Robert Abassi, Terrance J. Carroll, RTI Properties, Inc., and Gardena West, LLC's Motions are granted, in part, de...

Excerpt: ...e § 2699. Plaintiff's PAGA action is based upon Defendant's violation of Labor Code sections 200, 201, 202, 203, 226, 226.7, 510, 512, 1174, 1194, 1194.2, 1197, and 2802. The statutory period corresponds to one year prior to the date Plaintiff filed her LWDA notice, January 30, 2018, to the present. On October 26, 2020, Proposed Intervenor Amanda Bernal (“Bernal”) filed the instant motion for leave to intervene in this action. Bernal filed a...