Excerpt: ... transmission system which is alleged to have a series of known defects causing hesitation, shuddering, and shifting issues. Defendant Ford Motor Company demurs to the third cause of action for violation of Civil Code section 1793.2(a)(3) and the fifth cause of action for fraudulent concealment. TENTATIVE RULING: Defendant's Demurrer to the Complaint is OVERRULED. DISCUSSION: Defendant Ford Motor Company demurs to the third cause of action for vi...

Excerpt: ... the Implied Warranty of Merchantability, (5) F raudulent Inducement -Concealment, and (6) Negligent Repair. The first five causes of action are pled against Defendant Ford Motor Company. Ford filed the instant demurrer on November 17, 2023. Plaintiff filed an opposition on April 23, 2024. Ford filed a reply on April 29, 2024. Before the Court are Ford's challenges to the 2nd, 4 th and 5 th causes of action in the First Amended Complaint. II. DEM...

Excerpt: ... agreement and accepted a different offer. Plaintiff asserts causes of action for (1) breach of written contract and (2) declaratory relief. Defendant Jeffrey Riddell, Trustee of the Jeffrey & Katrina Riddell Living Trust, demurred to the Complaint. On April 19, 2024, Plaintiff filed a First Amended Complaint. TENTATIVE RULING: Defendant's Demurrer to the Complaint is MOOT by the filing of a First Amended Complaint. Plaintiff to give notice, unle...

Excerpt: ...urt directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no argument is rec eived. Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: Cheryl Redd...

Excerpt: ...ON Plaintiffs Alexa and Kim Gallegos (Gallegos Plaintiffs) and Plaintiff Angel Sanchez (Sanchez) are requesting an order from the Court to consolidate LASC Case Nos. 21STCV41026 (hereinafter “Gallegos Matter”) and 21STCV42588 (hereinafter “Sanchez Matter”). The two cases arise from a single motor vehicle collision on November 20, 2019. Sebastien Gallegos (Decedent) and Angel Sanchez were passengers in a vehicle driven by Eugene Oh. The ve...

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ... Unless the Court directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no argument is rec eived. Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATION...

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

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

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

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

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

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

Excerpt: ...h 21, 2021, Plaintiff Walters Wholesale Electric Co. (“Plaintiff Walters”) filed an action to foreclose mechanic's lien and to enforce stop payment notice (“Walters Action”) against Defendants Tobias Eugene Vargas (“Vargas”), Fred & Jamison LLC (“Jamison”), Evertrust Bank (“Bank”), and Inland Development Company. (“Inland”). On March 29, 2023, Plaintiff Walters filed the operative First Amended Complaint (“Walters FAC”...

Excerpt: ...mental Cross- Complaint FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Excelsior at the Americana at Brand Homeowners' Association (Excelsior HOA) alleges that it is a California mutual benefit non-profit corporation which is owned by and composed of its members and owners within the community known as The Excelsior at Americana (Excelsior). Plaintiff alleges that there are 100 owner members, and that defendant Paul Van Richter is the trustee of th...

Excerpt: ...t. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (CCP, § 664.6(a).) “Because of its summary nature, strict compliance with the requirements of section 664.6 is prerequisite to invoking the power of the court to impose a settlement agreement.” ( Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal....

Excerpt: ...n April 20, 2021, alleges that Plaintiffs, Michael Buck, and John Gonzalez (“Plaintiffs”), are members and leaders of the Peace Apostolic Church, Inc. (the “Church”). Plaintiffs allege that after the death of the Church's pastor, the C hurch's de facto officers or directors, Tamara Swancy-Prince (“Prince”) and Priscilla Woods Brown (“Brown”), improperly spent church funds and engaged in other misconduct. Plaintiffs allege that Def...

Excerpt: ...f her daughter, S.W. (the “Recipient” or “S.W.”). S.W. has cognitive impairment, autism, epilepsy, and Angelman Syndrome. Accordingly, S.W. is a client of Eastern Los Angeles Regional Center (“ELARC”) and has been placed on a Medicaid waiver. While S.W. was a minor, Petitioner applied for In-Home Supportive Services (“IHSS”) from the California Department of Social Services (“DSS”). A social worker from the County of Los Angel...

Excerpt: ...ant sent out written discovery, including two sets of form interrogatories. Plaintiffs responded, but defendant did not believe that the responses were compliant. Defense counsel sent a meet and confer effort, to which the response was “File your motions.” Plaintiffs attempted to set an IDC, but the court took it off calendar because defendant had not agreed to it. Parenthetically, the court will never conduct an IDC with a record like this. ...

Excerpt: ...evidence, argument, and comment concerning plaintiff's subjective opinion on the ultimate issue of retaliation. The Court denies the motion. The Court will not micromanage the manner in which Yang testifies about the basis for his claim that he was retaliated against. However, the Court will deal with objections as to relevance and foundation on a question -by - question basis. 2. MIL #2 : GWCC moves to exclude testimony, evidence, argument, and ...

Excerpt: ...at a Home Depot store fell and hit him. On June 15, 2022, Plaintiff filed the Complaint in this action asserting a cause of action for negligence against Defendants Home Depot U.S.A., Inc. (“Defendant”) and Does 1 through 10. Defendant filed an answer on August 16, 2022. After some prior efforts, on October 13, 2023, Plaintiff noticed the deposition of the Defendant's person most qualified (“PMQ”) on 8 topics (some with sub -parts) and re...

Excerpt: ...ence, surprise or neglect.” (CCP § 473(b).) The attorney affidavit of fault must contain a “straight forward admission of fault.” (State Farm Fire & Casualty Co. v. Pietak (2001) 90 Cal.App.4th 600, 610.) But it need not contain an explanation of the reasons for the attorney's mistake, inadvertence surprise or neglect. ( Martin Potts & Assocs., Inc. v. Corsair, LLC (2016) 244 Cal.App.4th 432, 438 -441.) Relief must be granted “unless the...

Excerpt: ...vices, Inc. (DWWS), Rona Kay (Kay), and Does 1 through 10, all eging violations of FEHA, wrongful discharge, defamation, and intentional infliction of emotional distress. The operative First Amended Complaint, filed January 29, 2020, adds Defendants Diana Eid (Eid) and Janae Bueno (Bueno) and asserts additional FEHA claims. Eid and Bueno were subsequently dismissed on summary adjudication, along with certain FEHA claims. Plaintiffs worked for Dis...

Excerpt: ...ith Defendant Armen Crstijian (“Crstijian”) who was operating a motor vehicle that was owned by Defendant N&N Auto Collection Inc. (“N&N” ). Plaintiff alleges that Crstijian failed to exercise reasonable care, which caused Plaintiff to suffer bodily injury. The complaint, filed on October 19, 2022, alleges causes of action for: (1) motor vehicle; and (2) general negligence. B. Motion on Calendar On April 9, 2024, Defendants N&N and Crstij...

Excerpt: ...e, M.D., Robert Gottner, M.D., and Mayur Patel, M.D. to examine, care, diagnose, and treat Decedent for his physical condition and complaints. Plaintiff Adam Eagle (“Plaintiff”), the sole heir of Decedent, alleges that Defendants negligently provided medical care to Decedent, leading to his death. The complaint, filed September 26, 2016, alleges a single cause of action for wrongful death (medical malpractice). B. Relevant Background The matt...

Excerpt: ...an ad litem William Ferrell, alleges that Plaintiff (a “dependent adult” within the meaning of the Welfare & Institutions Code) was raped, sexually assaulted, sexually harassed, abused, and sexually battered by Defendant Rafael Moya (“Moya”), while Plaintiff was a patient confined to the lockdown unit at Defendant Imperial Care Center LLC (“ICC”). Plaintiff alleges that the rape occurred on March 12, 2022. Plaintiff alleges that Defen...

Excerpt: ... (“Defendant”) property located at 6555 Foothill Blvd., Tujunga, CA 91042 on December 24, 2020, when she tripped and fell on a floor mat. Plaintiff alleges that she sustained bodily injuries. The complaint, filed November 16, 2022, alleges causes of action for: (1) premises liability; (2) general negligence. B. Relevant Background and Motion on Calendar On April 19, 2024, Plaintiff filed the motion to strike Defendant's improper supplemental ...

Excerpt: ...service on Sherman. According to the proof of service, Sherman's registered agent (Rijesh Desai) was served by registered mail, sent to an address on Riverside Drive in Los Angeles. On October 17, 2023, Sherman filed this motion to quash service of summons. No opposition has been filed. LEGAL STANDARD C.C.P. §415.10 provides the requirements of personal service of summons and the complaint as follows: “A summons may be served by personal deliv...

Excerpt: ...by Defendant Nancy Ming Ling Chen's (“Defendant”) German Shepherd Mix dog. Plaintiff alleges that she was jogging past Defendant on a public street when Defendant was unable to control her dog and, without warning or provocation, the dog viciously attacked and bit Plaintiff. The complaint, filed February 23, 2024, alleges causes of action for: (1) negligence; and (2) strict liability. B. Motion on Calendar On April 3, 2024, Defendant filed a ...

Excerpt: ...nst Defendants Artyun Aladjian, individually and dba J&H Auto Wrecking, and all in possession. The property at issue is located at 9415 Glenoaks Boulevard, Sun Valley, CA 91352. Plaintiff alleges that on April 1, 2006, it entered into a 5 -year term tenancy pursuant to a written agreement with Defendants. Plaintiff served a 30 -day notice to quit on Defendants, such that the expiration of the notice was set for August 10, 2023. Plaintiff seeks po...

Excerpt: ...Civil Procedure section 1294(a). Defendants move for a discretionary stay. “Even when the statutes do not call for an automatic stay on appeal, the trial and appellate courts both have the power to issue discretionary stays.” ( Daly v. San Bernardino County Bd. of Supervisors (2021) 11 Cal.5th 1030, 1039 ( Daly).) Both the moving papers and opposition argue based on the following four factors used for discretionary stays in federal court: “...

Excerpt: ...on a credit card debt. Plaintiff served Defendant, and when no response was made, the Court entered default judgment on February 17, 2023. This hearing is on Plaintiff's motion to set aside the default judgment. Plaintiff represents it recently learned Defendant was not a resident of the State of California and was not properly served. Plaintiff asks the Court to vacate the default judgment due to Plaintiff's counsel's mistake, inadvertence and e...

Excerpt: ...t 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: Matthew C. Mo...

Excerpt: ... 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 received. Notice may be given eithe...

Excerpt: ...rvice of Summons and Complaint. Discussion Defendant argues that service of the Summons and Complaint must be quashed due to lack of personal jurisdiction for failure to serve Summons and Complaint. “A defendant . . . may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her. . . .” CCP § 418.10(a). A court lacks jurisdic...

Excerpt: ... a California resident was not killed, as the accident did not happen with the borders of California nor on California roads, and the accident did not happen because of a tire purchased or manufactured in California (see Ford, infra), the motions are granted and the request for jurisdictional discovery is denied. Background This case arises from a June 4, 2020 car accident that happened in Virginia wherein the subject tire separated from the vehi...

Excerpt: ...e defendant.” (Bolkiah v. Superior Court (1999) 74 Cal.App.4th 984, 991.) Plaintiff meets this burden. “[I]n deciding whether service was valid, the statutory provisions regarding service of process should be liberally construed to effectuate service and uphold the jurisdiction of the court if actual notice has been received by the defendant.” (Gibble v. Car -Lene Research, Inc. (1998) 67 Cal.App.4th 295, 313.) “ ‘Personal service usual...

Excerpt: ...t been proper service of process. ( Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 808.) “When a motion to quash is properly brought, the burden of proof is placed upon the plaintiff to establish the facts of jurisdiction by a preponderance of the evidence.” ( Aquila, Inc. v. Sup. Ct. (2007) 148 Cal.App.4th 556, 568.) The plaintiff has “the burden of proving the facts that did give the court jurisdiction, that is the facts requisite to...

Excerpt: ...o appear is requested. Unless the Court directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no argument is rec eived. Notice may be given either by email at [email protected] or by telephone at (818) ...