Excerpt: ..., which is owned by Defendant PBM2, LLC (“PBM2”) and managed by Defendant P.A.C. Properties Management, LLC (“P.A.C.”). Plaintiff alleges that P.A.C. hired the property vendor Defendant Darmac Property Solutions, LLC (“Darmac”) to paint and repair Plaintiff's apartment unit related to water leaks in the living room, primary bedroom, and the office. He alleges that P.A.C. provided a key to his apartment to Darmac and allowed Darmac to ...

Excerpt: ...son (“Defendant”) and her two dogs were barreling down the sidewalk approaching Plaintiff. Plaintiff alleges that Defendant's Bernedoodle broke free from Defendant's grasp and lunged at Plaintiff's person, knocking her to the ground. Plaintiff alleges that as she fell to the ground, she attempted to break her fall by putting out her dominant hand to avoid more severe injury to her face or head and neck. Plaintiff alleges that she suffered a b...

Excerpt: ...t al. (Plaintiffs) filed their original complaint. Plaintiffs filed this action because they were fired from their jobs at Defendant Granada Hills Charter (Defendant). The parties are currently conducting discovery. Trial is currently set for November 4, 2024, after being delayed due to mediation. On March 4, 2024, Plaintiffs filed this motion for leave to file a fourth amended complaint (4AC). Plaintiffs seek to add one new cause of action to th...

Excerpt: ...ness installment loan with plaintiff Citibank, N.A. (“Plaintiff”). ( Complaint p. 2.) Simultaneously, defendant Anna Rshtuni (“Anna” and, together with Consulting, “Defendants” and Defendants, together with Plaintiff, “Parties”) executed a guaranty (the “Guaranty”), guaranteeing Consulting's performance under the Agreement (as defined below). (Id. at p. 4.) On September 1, 2023, Plaintiff approved Consulting for a $110,000 bus...

Excerpt: ...olation of California's unfair competition law and (2) public nuisance. On October 2, 2023, Defendants filed this demurrer. LEGAL STANDARD A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (¿¿ Blank v. Kirwan (1985) 39 Cal.3d 311, 318¿¿.) “¿To survive a demurrer, the complaint need only allege facts sufficient to state a...

Excerpt: ...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) 260 - 8412. ...

Excerpt: ...le members of EPL. The Cavalieres are the owner of QSR Systems, Inc. (“QSR”), which provides post-production video editing and storage system, media management tools, and lab-based video transcoding, archiving, and upload services. The Cavalieres asked Jeff Pierce to start working on a solution to stream video identification problems, and they developed the initial idea for a technically called “Screen - ID.” Plaintiffs allege that Pierce...

Excerpt: ...amend. SUMMARY OF ACTION On February 23, 2023, Plaintiffs Nafis Memon and Nousheen Memon (Plaintiffs) entered into a warranty contract with Defendant Ford Motor Company for a 2022 Lincoln Navigator. (Comp., ¶ 9.) Plaintiffs allege that the vehicle had transmission defects, engine defects, and other defects and non -conformities. (Comp., ¶ 14.) Plaintiffs allege that Defendant Ford Motor Company knew of the transmission defects prior to sale of ...

Excerpt: ...nt Crop King Seeds (“CKS”), and Defendant Landra Deloach (“Deloach”). Plaintiff alleges that on March 25, 2021 at approximately 10:30 a.m., he was placing cannabis seeds in jars at the EDN factory and, while leaning over his work station, cupping a jar and seeds in both hands, he suddenly felt someone hit him on the right side of the face with great force. Pla intiff alleges that he was struck with such force that he fell into the left an...

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

Excerpt: ... RICARDO NEWSOM, JESSICA ROMERO, ODILIA SIFONTES and TIFFANNE STRONG, Plaintiff, v. EQUITY RESIDENTIAL MANAGEMENT, LLC, TRANSUNION RENTAL SCREENING SOLUTIONS, INC. and DOES 1 through 10, Defendants. Case No.: 23STCV17235 Hearing Date: 4/19/24 Trial Date: N/A [TENTATIVE] RULING RE: Defendant TransUnion's Demurrer to the Second Cause of Action in Plaintiff's First Amended Complaint. I. Background A. Pleadings Plaintiffs—i.e., Jason Gunnels, Denae...

Excerpt: ...1791.1, 1794, 1795.5 ) 5. Fraudulent Inducement – Concealment 6. Negligent Repair ( not alleged against Ford Motor Company ) RULING : The demurrer is sustained with 30 days leave to amend. SUMMARY OF ACTION & PROCEDURAL HISTOR Y This action arises out of Plaintiff Maximilian Webb's (Plaintiff) purchase of a 2018 Ford F -150 (the Vehicle) on 1/14/19. Plaintiff alleges that “[d]efects and nonconformities to warranty manifested themselves within...

Excerpt: ...ND THIRD CAUSES OF ACTION IS SUSTAINED. THE DEMURRER TO THE FIRST AND FOURTH CAUSES OF ACTION IS OVERRULED. THE MOTION TO STRIKE IS GRANTED AS TO PUNITIVE DAMAGES ONLY. PLAINTIFFS TO FILE AND SERVE A SECOND AMENDED COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANT TO FILE AND SERVE A RESPONSE WITHIN 30 DAYS THEREAFTER. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] wi...

Excerpt: ...aintiffs Norman and Maisie Markland (Plaintiffs) allege that they entered into an agreement wherein Eunice Miller (Eunice) (Defendant Delory Miller's mother) and Defendant Delroy Miller agreed that the Plaintiffs would give Eunice the money for the down payment to purchase real property (a residential home) located at 1502 West 85th Street, Los Angeles, California (Property) and money for all expenses related to the property; in exchange, Defenda...

Excerpt: ... Angelo Fierro; Gelfand, Rennert, Feldman, LLP; and Michael Stern. The causes of action are for breach of contract and negligence. On November 30, 2023, Plaintiff filed its First Amended Complaint (FAC). On December 21, 2023, by request of Plaintiff, the Clerk's Office dismissed without prejudice Defendant Michael Stern from the FAC. On March 12, 2024, the Court granted the Motion for Determination of Good Faith Settlement filed by Defendants Com...

Excerpt: ...havez (collectively, “Plaintiffs”) filed this action against defendants, Daniel Chan (“Chan”), Chanchenda Hou, Chanvachana Hou, Doe Attacker, and Does 1 to 20 for injuries arising from a shooting by Doe Attacker. Plaintiffs set collectively set forth three causes of action for: (1) general negligence against Chan, Chanchenda Hou and Chanvachana Hou, Doe Attacker, and Does 1 to 20, (2) intentional tort against Doe Attacker and Does 1 to 20...

Excerpt: ...e 1 School: In approximately 1977, when he was approximately ten (10) years of age, Plaintiff was sexually abused and assaulted on a regular basis for approximately one year by a teacher on premises of the school. The acts of sexual abuse included but “fondling Plaintiff's genitals, forcing Plaintiff to masturbate [the teacher], and forced oral copulation.” (First Amended Complaint ( FAC) p. 5.) Plaintiff reported the sexual abuse to the ...

Excerpt: ...t is guided by California Rules of Court, Rule 3.1308(a)(1) whereby notice 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....

Excerpt: ...rom a dispute between neighbors. Plaintiffs Robert and Barbara Brilliant own the real property located at 14131 Beresford Road (the “Brilliant Property”). Defendants Ted and Michele Kaplan (“Moving Defendants”) own the real property located at 14151 Beresford Road (the “Kaplan Property”) . Plaintiffs allege that certain palm trees on the Kaplan Property block their view and violate the Mulholland Estates Homeowners Association, Inc.'s...

Excerpt: ...t is guided by California Rules of Court, Rule 3.1308(a)(1) whereby notice 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....

Excerpt: ...x. H FACTUAL BACKGROUND: Plaintiff Tracy Cui alleges that in September of 2020, plaintiff was operating a Snow Joe Electric 3 -in -1 Blower/Vacuum/Mulcher in a foreseeable manner while vacuuming up leaves in her yard, when, suddenly, her hair became sucked into hidden air intake val ves, causing her hair to be ripped out of her scalp as she struck her head against the subject product, knocking her unconscious. The complaint alleges that defendant...

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: Rhonda and...

Excerpt: ...eh, 1568 Blue Jay Way LLC, 6097 West Winding Way LLC, and 5849 Murphy Way LLC (“the Aryeh Parties”) filed their Cross -Complaint (“the Aryeh Cross -Complaint”) against Damavandi, Bar Design and Construction, Inc., Asher Joseph Alfasi , Archive Design Group, LLC, and Zoran Pevec. On August 27, 2021, Damavandi amended his Complaint to substitute Doe 1 with Sarah Emmi Tibstra, Doe 4 with Matthew George, Doe 5 with Cardinal -West Construction...

Excerpt: ...s Order Lifting Stay as to Entire Case FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Valerie Bradford filed this action on October 10, 2022, alleging that while plaintiff was in the care and custody of defendant Allcare Home Health Provider at its facility Allcare Home Health, having presented to the facility for examination, care and treatment for medical complaints and problems, including wound care for her right foot, defendant breached its dut...

Excerpt: ...rminating Sanctions Re: First Set Form Interrogatories to Defendant YiChun Tsai Respondent: NO OPPOSITION (Due 2/21) Plaintiff Ming -Hua Chiu's Motion for Evidence and Issue or Terminating Sanctions Re: First Set Special Interrogatories to Defendant America United Development, LLC Respondent: NO OPPOSITION (Due 2/21) Plaintiff Ming -Hua Chiu's Motion for Evidence and Issue or Terminating Sanctions Re: First Set Special Interrogatories to Defendan...

Excerpt: ...No costs will be awarded at this time. SUMMARY OF ACTION Plaintiffs Marvin Ayala and Kathia Ayala (Plaintiffs) had sued Defendants Ford Motor Company and Galpin Ford (Defendants) for causes of action related to the Song -Beverly Act. On March 8, 2024, the parties settled the case for a total of $73,399.00. Defend ants made the offer to settle, and Plaintiffs accepted. The Settlement Agreement also provided for attorney fees and costs reasonably i...

Excerpt: ... formed by Tim Davis in Idaho after Davis Brothers Construction, Inc. shut down. This Court found it instructive to examine the history of this case. On January 6, 2023, Defendants jointly filed a motion to compel arbitration, which Plaintiffs opposed. On February 28, 2023, the Court issued an 8 -page order granting Defendants' motion and ordering the parties to arbitrate their dispute. The parties subsequently paid their arbitration fees ($29,25...

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, replies, and sup...

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: ... 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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...'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: ...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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...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: ... property arising out of an accident occurring on July 18, 2020. On May 25, 2022, Defendant C.R. England, Inc. and Roland Wilkinson filed a cross - complaint against California Department of Transportation and Christopher Huynh Le for (1) equitable indemnity, (2) apportionment and contribution, and (3) declaratory relief. On October 13, 2022, an amendment to the cross-complaint was filed adding Guy F. Atkinson Construction, LLC as Roe 1. On March...

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: ...defendant Kia Motors America, Inc. (“Defendant”). The FAC asserted six causes of action for (1) Violation of Subdivision (D) of 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 Express Written Warranty; (5) Breach of the Implied Warranty of Merchantability; and (6) Fraud by Omission. On June 1, 2023, at the conclusion of a ...

Excerpt: ...in accordance with the local rules and requirements. As set for more fully in the moving papers, the facts giving rise to this motion support the relief sought. This motion is based on the Notice, the Memorandum of Points and Authorities and Declaration of Cecilia D. Torello, the Request for Judicial Notice, the papers and pleadings on file in this matter, and on such other oral and documentary evidence as may be presented in support of this moti...

Excerpt: ...rious rental properties regarding alleged violations of the Investigative Consumer Reporting Agencies Act (ICRAA). On February 14, 2023, Plaintiffs [1], Or Vardi (“Vardi”), Joseph Shuetz (“Shuetz”), Chaninthon Thammasan (“Thammasan”), and Stephanie Steiner (“Steiner”), filed a Complaint, against Defendants, Equity Residential Management, LLC (“ERM”) and TransUnion Rental Screening Solutions, Inc. (sued a s Doe 1, hereafter, �...

Excerpt: ...mall and stabbed customers with a knife. Plaintiff in this case alleges he was employed as a security guard by Watermark Security Group Inc., which had a contract with Target Corporation to guard the subject store. (SAC ¶ 1, 6.) Plaintiff alleges he responded to the subject stabbing, encountered the perpetrator, and ultimately rendered deadly force to stop the attack. (Id. ¶ 24.) Plaintiff initially alleged causes of action for (1) breach of ex...

Excerpt: ...ions of Plaintiff's Complaint: 1. Portions of paragraph 32 of Plaintiff's Complaint as set forth below: "so as to justify an award of punitive damages against Defendants in an amount according to proof," 2. Portions of paragraph 37 of Plaintiff's Complaint as set forth below: "so as to justify an award of exemplary or punitive damages against Defendants in an amount according to proof at trial." 3. Portions of paragraph 45 of Plai...

Excerpt: ...nificant damage to their home. Plaintiffs had an insurance policy with and contacted their insurer, Defendant Amguard (erroneously sued as Berkshire Hathaway Guard) ("Defendant"), regarding coverage for their covered losses in their home. After reporting their claim, Plaintiffs waited nearly three months to receive a payment of $83,087.99. (FAC, 15.) However, Plaintiffs' estimates were much higher, including one from Westland Contract...

Excerpt: ...mended complaint alleges defamation, invasion of privacy and fraud against Townsend. On March 4, 2024, Townsend filed a special motion to strike (anti -SLAPP) which is set for hearing on June 6, 2024. On March 11, plaintiff filed the instant motion “to strike” Townsend's motion to strike. Townsend filed her opposition on April 3, 2024. As of April 16, 2024, no reply has been filed. Plaintiff purports to make this motion to strike Townsend's m...

Excerpt: ...ers. No opposition was filed. RULING The motion is GRANTED. The dismissal entered on July 9, 2019 is set aside and vacated. Judgment is entered in the amount of $31,446.82 in favor of plaintiff and against defendant. See judgment. BACKGROUND On March 11, 2019, American Express National Bank filed a complaint against Leon Thompson aka Leon Thomspon Jr for common counts. On July 9, 2019, the parties stipulated and the court ordered that the case be...

Excerpt: ...e NOTICE: ok¿¿¿ RELIEF REQUESTED: An order of this Court vacating the Default entered on August 18, 2023, against Defendant Appel. TENTATIVE RULING: The motion is GRANTED. BACKGROUND On April 23, 2021, Plaintiff Lucy Holdings, LLC (“Plaintiff” or “Lucy Holdings”) filed its original complaint in this action alleging a cause of action for declaratory relief/quiet title against Defendants Krupe Industries, Inc. (“Krupe”) and Witkin & ...

Excerpt: ...c., Mercedes- Benz Financial Services, and Daimler Trust, and (2) Defendant Mercedes-Benz USA, LLC Motion to Withdraw from Arbitration and Proceed in Court The court considered the moving and reply papers filed in connection with this motion. The court did not consider the opposition papers filed by defendants Calstar Motors Inc., Mercedes-Benz Financial Services, and Daimler Trust because those papers were not served on plaintiffs Steven Trinh a...

Excerpt: ...5.16(c), for an award of attorneys' fees and costs against Plaintiffs Irwin Jacobowitz; Pearl Jacobowitz; Dakota Dusty Zeigerman -Jacobowitz; Arizona Jacobowitz and Montana Jacobowitz jointly and severally in the amount of $7,042.81. RULING : The motion is granted as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of a landlord -tenant dispute. On 7/6/23, Plaintiffs Irwin Jacobowitz; Pearl Jacobowitz; Dakota Dusty Ze...

Excerpt: ...amages Awarded $8,000 Costs $504 Attorney Fees Awarded $570 Total $9,074 This is an action for violations of the Unruh Civil Rights Act. Plaintiff alleges that he is blind and was denied the full use and enjoyment of Defendant's website due to accessibility barriers on the website. These barriers deterred Plaintiff from visitin g Defendant's restaurant. 10/13/2023 Default Entered 4/12/2024 Doe Dismissal Entered Analysis: Items 4 -6 of form CIV -1...

Excerpt: .... The court has read and considered the moving papers, opposition, and reply, and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Shaw commenced this action on August 23, 2023, alleging a cause of action for administrative mandamus. The Petition alleges in pertinent part as follows. Shaw was a police officer with LAPD for approximately 19 years. He was accused of using anabolic steroids and engaging in a ...

Excerpt: ...rt Rico and Lawrence Hanna, both of whom are attorneys with managerial roles for the Police Protective League. Plaintiff alleg es that Defendants published defamatory statements accusing Plaintiff of ethical and professional wrongdoings in relation to Plaintiff's representation of a Los Angeles police officer. Plaintiff brings claims against each defendant for libel per se and interference with economic relationship. On January 1, 2024, Defendant...

Excerpt: ...fendant Barbara Medovoy (Defendant)) filed an unlawful detainer action against Plaintiff Prince Gerard Mahboubian (Plaintiff) in 2022. That case resulted in a default judgment in Defendant's favor against Plaintiff. Plaintiff was lock ed out of the premises. Subsequent to that case, Plaintiff in the current case filed a complaint against Defendant for breach of contract and wrongful eviction in December 2022. Defendant filed an anti -SLAPP motion...

Excerpt: ... default entered on 1/19/23 because the motion was untimely under Code of Civil Procedure Section 473(b). The Court entered the default judgment against Defendant on 3/19/24. The Court then de nied Defendant's ex parte application to set the default judgment and entry of default. Defendant now brings a noticed motion to set aside the default judgment and entry of default pursuant to Code of Civil Procedure Sections 473(d) and 473.5, as well as th...

Excerpt: ... First Amended Complaint (“FAC”) was filed. The FAC alleges, in pertinent part: “Plaintiff is an adult female…. At all times relevant to this Complaint, Plaintiff was residing in Los Angeles County, California and San Bernardino County, California. Plaintiff was born in 1971 and was a minor througho ut the period of child sexual assault alleged herein. Plaintiff brings this Complaint pursuant to [CCP §] 340.1… for the childhood sexual ...

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: ...es are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc., § 2030.290, subd. (b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that n...

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: ... 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: ...ction of Documents (“RFP”), Set Four, Nos. 1 -11 and 16- 19. Plaintiff also seeks $6,300 in sanctions against Defendant and his attorneys. In its opposition, Defendant seeks $2,213 in sanctions. The Court GRANTS Plaintiff's motion IN PART as to RFP Nos. 3, 4, 5, 6, 7, 9, 10, 11, 16, 17, 18, and 19. Defendant shall be required to produce only responsive documents that reference Plaintiff. The Court DENIES Plaintiff's motion as to RFP Nos. 1 an...

Excerpt: ...f the Song- Beverly Act—Breach of Implied Warranty, Violation of the Song- Beverly Act Civil Code section 1793.2, and Violation of the Song Beverly Act Civil Code section 1793.22—Tanner Consumer Protection Act. On August 21, 2023, General Motors answered the complaint. RULING: Granted. Plaintiff Luis Robles moves to compel further responses to request for production of documents, numbers 13-16 and 34 -35. The dispute involves the request for ...

Excerpt: ... filed the complaint in this action against Defendants Jensen Enterprises, Inc., Jensen Precast, and Does 1 through 50, asserting causes of action for premises liability and negligence arising out of inju ries Plaintiff allegedly sustained after tripping and falling on June 6, 2018, on Defendants' premises at or near 1375 West Adams in Los Angeles. On January 3, 2022, Jensen Enterprises, Inc. dba Jensen Precast (erroneously sued as separate entit...

Excerpt: ..., 2023. After granting Plaintiff Brown an extension to provide responses by January 15, 2024, Plaintiff has failed to serve responses to date despite several follow-up correspondences by defense counsel. Defendant therefore seeks an order compelling Plaintiff Brown to respond, without objections, to the outstanding discovery and to pay sanctions. Any opposition was due on or before April 5, 2024; the motion is unopposed. 11. MOTION TO COMPEL For ...

Excerpt: ...ainst Ara Tovmassian, and Request for Monetary Sanctions Against Defendant Ara Tovmassian in the Amount of $850.00. I. Background A. Pleadings Plaintiff Jonathan Neil & Associates, Inc. sues Defendants Healing Hands Care, Inc., a California Corporation, Ara Tovmassian aka Ara Mesrop Tovmassian, and Does 1 through 50 pursuant to an August 28, 2023, Complaint alleging ten breach of contract claims. B. Motion Before the Court On January 2, 2024, Pla...

Excerpt: ...a Melo for (1) general negligence and (2) premises liability. On August 29, 2023, default was entered against Lucia Melo and Maria Rosario Castro. On September 13, 2023, Plaintiffs filed a POS as to Estate of Manuel Castro, sued herein as DOE 1. [1] On September 14, 2023, Plaintiffs filed a notice of lis pendens. On October 19, 2023, the court issued the following minute order during the CMC hearing: “The Court informs the Defendant, Maria Rosa...

Excerpt: ...tive responses on 4/05/24, the same day he filed his opposition to the motion. The motion is therefore substantively moot. The only remaining issue is whether the Court should impose sanctions. Defendant argues sanctions should not be imposed because (a) Plaintiffs filed a motion to compel responses, as opposed to a motion to compel further responses, and (b) Defendant acted with substantial justification. Defendant's first argument is that Plain...

Excerpt: ... AMCO Insurance Company (“AMCO” or “Defendant”), filed a Motion to Compel Plaintiff 3884 Stoneridge LLC (“Stoneridge” or “Plaintiff”) to provide responses to Special Interrogatories, Set One, and a Motion to Deem R equests for Admission, Set One, Admitted against Stoneridge. AMCO seeks sanctions. On April 9, 2024, Stoneridge filed an opposition to the Motion To Deem Admitted, arguing sanctions should be reduced because responses h...

Excerpt: ...while Plaintiff was visiting a guest at Defendant's premises, she sat on a bench, the bench collapsed, and she sustained injuries as a result. On March 30, 2022, ESAP filed its answer. On July 21, 2022, Plaintiff amended the complaint to name ESH Hospitality, Inc., as Doe 1. On September 19, 2022, Defendant ESA Management, LLC (“ESAM”), erroneously sued as Extended Stay America, Inc. and ESH Hospitality, Inc., filed its answer. On June 12, 20...

Excerpt: ...ed as Costco Wholesale) (“Costco”) and “Manager Cesar” filed an answer. On August 26, 2022, Plaintiff filed a “Notice of Errata to Correct Entity Name,” stating that the correct name of “Manager Cesar” is in fact Cesar Amaral. On September 1, 2022, Cesar Amaral (erroneously sued as Manager Cesar) filed an answer. On April 3, 2023, Plaintiff filed a request for dismissal as to Cesar Amaral/Manager Cesar only. On March 8, 2024, Cost...

Excerpt: ... 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 parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, o...

Excerpt: ...ven the fact that both parties appear to have engaged in host of litigation conduct disproportionate to the limited civil jurisdictio nal amount in controversy I. BACKGROUN D A. Factual On September 10, 2021, Plaintiff, Sebastian Medvei (“Plaintiff”) filed a Complaint against Defendant, Dominque Nikko Westmoreland, and DOES 1 through 100. The Complaint alleges a cause of action for Malicious Prosecution. Plaintiff, as a lawyer of Medvei Law G...

Excerpt: ...S# 2043]; and Specially Appearing Defendant Derek Khanna's Demurrer to First Amended Complaint for [Failure to] State a Claim [CRS# 4188]. I. Background A. Initial Pleading On November 15, 2023, Plaintiff Erin Joyce, dba Erin Joyce Law, sued Defendants Derek Khanna, and Does 1 to 100 pursuant to a Complaint alleging claims of (1) Breach of Contract, (2) Quantum Meruit, and (3) Common Count: Services Provided. On November 18, 2023, service of the ...

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...