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

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

Excerpt: ...ual On February 5, 2024, Plaintiffs, Tatiana McNeal and Yolanda Johnson (collectively “Plaintiffs”) filed a Complaint against Defendants, Graceway, LLC and DOES 1 through 20. The Complaint alleges causes of action for: (1) Breach of Contract; (2) Breach of Imp lied Warranty of Habitability/Tenantability; (3) Breach of Implied Warranty of Quiet Enjoyment; (4) Negligence; and (5) Nuisance. Defendant, Graceway, LLC (“Defendant”) now files a ...

Excerpt: ...] ORDER RE: DEMURRER OF DEFENDANT WESCO INSURANCE COMPANY TO LEXHAM OLIVE, LLC'S COMPLAINT MOVING PARTIES: Defendant WESCO INSURANCE COMPANY RESPONDING PARTY: Plaintiff LEXHAM OLIVE, LLC The court considered the moving papers, opposition and reply. BACKGROUND Plaintiff leased commercial space to defendant The Carving Board, LLC (TCB). Plaintiff alleges that it suffered damages resulting from faulty work performed by TCB's contractor RDCS SERVICES...

Excerpt: ...of the Christine O'Donovan Trust, and Frank McHugh- O'Donovan Foundation Inc. On November 6, 2023, Frank McHugh-O'Donovan Foundation Inc. (“Defendant”) filed a demurrer. Plaintiffs did not file a timely opposition. At the February 26, 2024 hearing, the Court continued the hearing. Later, Plaintiffs filed an opposition. REQUEST FOR JUDICIAL NOTICE Defendant asks the Court to take judicial notice of (1) a July 16, 2008 grant deed conveying the ...

Excerpt: ... CNA Financial Corpor ation. The complaint asserts twelve causes of action arising from a settlement agreement reached as part of an employment discrimination action filed by Plaintiff. Plaintiff alleges that he entered the settlement agreement with Defendants MK Diamond and Delahaut. Pursuant to the contract, MK Diamond and Delahaut agreed to pay $93,750 to Plaintiff and $143,750 to Plaintiff's attorneys in exchange for Plaintiff releasing his c...

Excerpt: ...ained as to the fifth and sixth causes of action. This is a landlord -tenant habitability case. The Complaint alleges causes of action for (1.) breach of implied warranty of habitability; (2 .) breach of statutory warranty of habitability; (3.) breach of the covenant of quiet enjoyment; (4.) negligence, (5.) violation of Civil Code section 1942.4; (6.) private nuisance; (7.) violation of tenant anti -harassment ordinance; and (8.) violation of un...

Excerpt: ... for his services. Plaintiff filed the operative First Amended Complaint on January 11, 2024, reducing his claims to (1) breach of written contract, (2) breach of oral contract, (3) fraud, and (4) accounting. On March 13, 2024, Defendant McKesson Corporation filed the instant demurrer to the first and fourth causes of action in the FAC. Plaintiff filed his opposition on April 22, 2024. Defendant filed its reply on April 26, 2024. LEGAL STANDARD A...

Excerpt: ...lment Motion to Strike · Punitive damages request and allegations (Page 14, lines 5 -7; Page 18, line 10) RULING : Demurred is sustained with leave to amend; motion to strike is granted. SUMMARY OF ACTION On July 15, 2019, Plaintiff William Holmquist (Plaintiff) purchased a 2019 Ford F -150. (FAC, ¶ 9.) Plaintiff received various warranties in connection with the purchase of the vehicle from Defendant Ford Motor Company (Defendant). (FAC, ¶¶ ...

Excerpt: ...lf of themselves and other aggrieved employees Demurrer to Second Amended Complaint The court considered the moving, opposition, and reply papers filed in connection with this demurrer. DISCUSSION Plaintiffs Cecilia Hailey (“Hailey”), Chekarey Byers (“Byers”), and Timanii Meeks (“Meeks”), on behalf of themselves and other aggrieved employees (collectively, “Plaintiffs”), filed the operative Second Amended Complaint in this action ...

Excerpt: ...(e) & (f) on the grounds that each alleged cause of action fails to state a cause of action and is uncertain. In addition to demurring to each cause of action based on uncertainty and failure to state sufficient facts, Defendants demur to each cause of action because Defendants argue that each cause of action is premised on an illegal contract which is void as a matter of law. BACKGROUND Plaintiff, California Balcony, Inc., filed the instant acti...

Excerpt: ...ahdat Aghdasy (“Vahdat”), and Hamed Aghdasy (“Hamed”) (collectively, “Defendants”) RESPONDING PARTY: Plaintiff Dianaluz Haro (“Plaintiff”) NOTICE: OK RELIEF REQUESTED: An order from this Court granting Defendants ' demurrer to the Complaint and striking portions of Plaintiff's Complaint. TENTATIVE RULING: The demurrer is SUSTAINED IN PART. The motion to strike is GRANTED. BACKGROUND On November 10, 2022, Plaintiff filed her Compla...

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

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

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

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

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

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

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

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

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

Excerpt: ...f Defendants The Camera Division, LLC (“TCD”), Lainer Development, Inc. (“Lanier”), S & S Investments General Partnership (“S&S”), located at 7351 Fulton Avenue, North H ollywood, CA. He alleges that the premises were negligently and carelessly owned, maintained, managed, controlled, inspected, and/or repaired so as to cause a dangerous condition. Plaintiff alleges that the dangerous condition consisted of a bathroom sink that became ...

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

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

Excerpt: ...ng a 2022 Ford Explorer vehicle. Plaintiff alleges that the warranty contract contained various warranties, including but not limited to the bumper-bumper warranty, powertrain warranty, emission warranty, etc. Plaintiff alleges that the defects and nonconformities to the warranty manifested themselves during the applicable warranty period, including but not limited to, transmission defects and infotainment defects, among other defects and non -co...