Excerpt: ...ed Plaintiff with special interrogatories (set one). After multiple extensions, Plaintiff's counsel failed to provide timely responses. On March 15, 2024, Defendant filed this motion to compel Plaintiff's responses to the special interrogatories and request for sanctions. LEGAL STANDARD ¿¿ If a party to whom interrogatories or an inspection demand were directed fails to serve a timely response, the propounding party may move for an order compel...

Excerpt: ...the demurrer and motion to strike filed by Defendant Aracely Santoyo is CONTINUED to Tuesday, June 4, 2024 at 8:30 AM in this department so that the parties can engage in meet and confer discussions. Defendant has not satisfied the meet and confer requirement pursuant to CCP §§ 430.41 and 435.5. Background This is an action arising from the alleged wrongful possession of a mobilehome. On October 11, 2023, Plaintiff Judith Collie (“Plaintiff�...

Excerpt: ...re each subject to judicial notice for their existence, contents, and legal effects. The court grants judicial notice of exhibits A through F. Leave to File First Amended Complaint Courts have discretion to permit an amendment to any pleading “in furtherance of justice, and on any terms as may be proper.” (Code Civ. Proc., § 473, subd. (a)(1).) Courts exercise their discretion “liberally to permit amendment,” and “[t]he policy favoring...

Excerpt: ...) (collectively, (“Defendants”) move for judg ment on the pleadings as to the Complaint filed by Plaintiff Morgan Bottehsazan (“Plaintiff”). The Court DENIES the motion as to the first and fourth claims. The Court GRANTS the motion WITH LEAVE TO AMEND as to the second, third, and fifth claims. Background This case relates to a real estate transaction. The following facts are taken from the allegations of the Complaint, which the Court acc...

Excerpt: ...and batery and other employment - related claims. II. ARGUMENTS Defendant demurs to all claims on grounds they are barred by res judicata and collateral estoppel. Plain�ff previously li�gated the claims as part of her defenses to the unlawful detainer ac�on (“UD ac�on”) which was finally li�gated in Defendant's fa vor. In opposi�on, Plain�ff argues that her employment -related claims were never li�gated. The UD ac�on adju...

Excerpt: ...t defendants Raul Sanchez Ortiz, Maria Gonzalez de Sanchez, Raul Sanchez, Jr. (Doe 1), and Does 2 to 10 for injuries arising from a December 4, 2021 motor vehicle collision. On January 30, 2023, defendants Ortiz, Gonzalez de Sanchez, and Raul Sanchez, Jr. (Doe 1) (collectively, “Defendants”) filed their Answer to the complaint. Defendants simultaneously filed a cross -complaint against Plaintiff and Roes 1 -25 for (1) declarator y relief, (3)...

Excerpt: ...omplainant American Contractors Indemnity Company in connection with Contractor's License Bond, Bond No. 100710093 discharged. Upon the deposit of $23,000, the Court awards Defendant/Cross- Complainant American Contractors Indemnity Company reasonable attorney fees and expenses in the sum of $2,000 as allowance for costs and expenses incurred in this proceeding. Defendant and Cross-Complainant Old Republic Surety Company to give notice. REASONING...

Excerpt: ...ndant's motion for summary judgment. On October 20, 2023, the Court entered judgment for Defendant and against Plaintiff. On November 1, 2023, Defendant filed a Memorandum of Costs. On December 11, 2023, Defendant filed this motion for attorney's fees. On April 19, 2024, Plaintiff filed an opposition. On April 25, 2024, Defendant filed a reply. II. LEGAL STANDARD Defendant moves for attorney's fees on the grounds that they are entitled to attorne...

Excerpt: ...erica, LLC, and Triunity JLRNA, LLC, alleging his Land Rover vehicle exhibited an overheating engine and other defects. On February 23, 2024, Plaintiff filed a Notice of Settlement. Pursuant to the settlement, Plaintiff now moves to recover his reasonable attorney's fees and costs. Defendants opposed. TENTATIVE RULING: Plaintiff's Motion for Attorney's Fees is GRANTED IN PART, in the total amount of $31,500.00. Plaintiff is also awarded costs in ...

Excerpt: ...g -Beverly Act – Civil Code 1793.2 4. Fraud 5. Violation of Business & Professions Code 17200 6. Negligent Repair RELIEF REQUESTED IN MOTION TO STRIKE: An order striking the prayer “For…exemplary or punitive damages… .” (Prayer, Item f, p.23:20). RULING : The demurrer is sustained with 30 days leave to amend. The motion to strike is placed off calendar as moot. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises from Plaintiff Elya...

Excerpt: ... based on alleged substandard conditions at Plaintiffs' apartments, which are managed by Defendant. The causes of action in the First Amended Complaint (“FAC”) filed on 10/25/23 are: 1) Negligent Violation of Statutory Duty; 2) Intentional Violation of Statutory Duty; 3) Tortuous Breach of Warranty of Habitability; 4) Breach of Covenant of Quiet Enjoymen t; 5) Nuisance; 6) Negligence; 7) Intentional Infliction of Emotional Distress; and 8) Co...

Excerpt: ...icle is equipped with a defective 10 -speed transmission that can cause the subject vehicle to experience hesitation and/or delayed acceleration; harsh and/or hard shifting; jerking, shuddering, and/or juddering ("Transmission Defect"). FMC knew or should have known about the Transmission Defect before the sale of the subject vehicle. On December 5, 2023, Plaintiff filed a complaint, asserting causes of action against FMC, Ford of Upland ...

Excerpt: ...de of Civil Procedure sections 403.010 through 403.090, the entire action is ordered reclassified as a civil unlimited jurisdiction case. Counsel for Plaintiff is ordered to pay the reclassification fees within 20 -days from this Court's Ruling BACKGROUND On June 6, 2022, Plaintiff Phillip A Newman (“Plaintiff”) filed this action against Defendants Custom Creation (an unknown entity), Levi Smith, and Does 1 to 50, asserting causes of action f...

Excerpt: ... Representative of The Arolyn Burns Trust (“Moving Defendants”) RESPONDING PARTY : Plaintiffs Wesley Barry Ross and Candy Peak Ross (“Plaintiffs”) SERVICE: Filed April 5, 2024 OPPOSITION: Filed April 18, 2024 REPLY: Filed April 25, 2024 RELIEF REQUESTED Moving Defendants demur to Plaintiffs' eighth cause of action for fraud and move to strike punitive damages from the Complaint. BACKGROUND On September 26, 2023, Plaintiffs this action aga...

Excerpt: ... to Strike The court considered the moving, opposition, and reply papers. RULING The demurrer is OVERRULED as to the third cause of action and SUSTAINED WITH TWENTY DAYS LEAVE TO AMEND as to the fourth and sixth causes of action. The motion to strike is DENIED as to paras. 35, 37 (under first cause of action for assault), 41, 43 (under second cause of action for battery), and 48, 50 (under third cause of action for IIED) and prayer for punitive d...

Excerpt: ...t, 47 U.S.C. § 230; 2. Demurrer to the entire Second Amended Complaint on the grounds it is barred by the First Amendment of the United Stated Constitution; and 3. Demurrer to the entire Second Amended Complaint for failure to state sufficient facts to constitute a cause of action against Reddit. TENTATIVE RULING: 1. Demurrer to the SAC is SUSTAINED in its entirety without leave to amend. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On June 2...

Excerpt: ...Chen entered into a written contract with defendant V -Stream Aviation Corp. for a one -way private jet aircraft charter from Maui Hawaii to Van Nuys California. The flight date was scheduled for April 15, 2022 at a cost of $47,600. Plaintiff Becky Yue was an intended co -passenger. On April 8, 2022, Chen cancelled the charger via email “due to covid -19 exposure” with a confirmed positive test result. Chen subsequently requested a refund bas...

Excerpt: ... Ktown Plaza, LLC (Plaintiff) filed its Complaint against Defendant Korean Shopping Center, Inc. (KSC) on November 27, 2023. Upon learning that the Shopping Center had been sold to INI Investment Corp. on September 9, 2022, Plaintiff filed its First Amended Complaint on December 20, 2023 to add INI Investment Corp. as a defendant. Defendant INI Investment Corp. filed its Answer to the First Amended Complaint on February 6, 2024. On February 21, 2...

Excerpt: ... . . . to apprise the defendant of the basis on which the plaintiff is seeking relief.” E.g., Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6. The SAC fails to address the deficiencies the court identified in the FAC. All causes of action in the SAC are alleged with a similar formula as the FAC. All preceding paragraphs are re- alleged, and plaintiff states defendant engaged in conduct constituting the elements of the claim. This is insuff...

Excerpt: ...ed Complaint The court considered the moving, opposition, reply, and sur -reply papers. The court SUSTAINS defendant Superior Court of California, County of Los Angeles's demurrer to First Amended Complaint, with 20 days leave to amend. Moving Party: Defendants The State Bar of California, Craig Eugene Holden, and Robert A. Hawley Responding Party: None (1) Demurrer to First Amended Complaint The court considered the moving and opposition papers....

Excerpt: ...nded Complaint is OVERRULED. Defendant's Request for Judicial Notice of the Civil Cover Sheet and Complaint filed in BSI Group LLC, et al. v. EZ Banc Corp, et al. , Case No. 3:23-CV -01270BSM is GRANTED. I. California Commercial Code §11101, et seq. (“UCC4”) Defendant argues California Commercial Code §11101, et seq. (“UCC4”) “preempts” all of Plaintiff's causes of action. Defendant relies on Zengen, Inc. v. Comerica Bank (2007) 41 ...

Excerpt: ...nded Complaint is OVERRULED as to the first through fifth causes of action for money had and received, conversion, unjust enrichment, violation of Penal Code §496, and breach of fiduciary dut y and SUSTAINED WITHOUT LEAVE TO AMEND as to the sixth cause of action for professional negligence. Defendant's Request for Judicial Notice of the Civil Cover Sheet and Complaint filed in BSI Group LLC, et al. v. EZ Banc Corp, et al. , Case No. 3:23-CV -012...

Excerpt: ...ded Complaint (“FAC”) filed by Plaintiffs David Sanchez and Apple Ma rkets, Inc. (“Apple Markets”) (collectively, “Plaintiffs”). The Court OVERRULES the demurrer. Background This is an insurance case. The following facts are taken from the FAC. In January 2017, Infinity Select issued a commercial auto liability policy (the “Policy”) to “David Sanchez dba Apple Market.” While the Policy was in effect, an employee of Apple Marke...

Excerpt: ...ntiff”) and moves for an order reducing the jury's verdict for noneconomic damages in favor of Plaintiff. The Court has considered all the parties' filings on this issue, including the unauthorized sur -opposition by Plaintiff and the unauthorized response to the sur- opposition by Defendant. It appears based on the authorities cited by the parties that Defendant is correct. Based on these authorities, the Court tentatively concludes that the n...

Excerpt: ...fused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application s hall state by affi...

Excerpt: ...g -Beverly Act – Breach of Implied Warranty; and (3) Violation of the Song -Beverly Act Section 1793.2. RELIEF REQUESTED¿ Plaintiff, Wenderson Alexandrino, moves for an order to compel responses, without objections, to Plaintiff's Requests for Production of Documents, Set One. Plaintiff's Requests for Production of Documents, Set One, was initially served and propounded on De fendant by Plaintiff on January 9, 2024. This Motion is made pursuan...

Excerpt: ...pril 25, 2024. The motion to compel 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 office rs, directors, managing agents, employees, or agents who are most qualified to testify on its behal...

Excerpt: ...njury cases and exams arranged by stipulation, a court order is required for a physical or mental examination. Such order may be made only after notice and hearing, and for “good cause shown.” (CCP § 2032.320(a).) The examination will be limited to whatever condition is “in controversy” in the action. (CCP § 2032.020 (a).) This means the specific injury or condition that is the subject of the litigation. The examination must be directly...

Excerpt: ...nt Vartan Darbinyan Notice: Sufficient Ruling: MOTION TO COMPEL INITIAL RESPONSES TO FORM INTERROGATORIES, SET ONE, REQUEST FOR PRODUCTION, SET ONE, AND SPECIAL INTERROGATORIES, SET ONE, AND MOTION TO DEEM REQUEST FOR ADMISSIONS, SET ONE, ARE ADMITTED AND REQUESTS FOR SANCTIONS ARE GRANTED Background On May 9, 2022, Plaintiff filed the present complaint for premises liability against Defendants Tigran Kazarian and Vartan Darbinyan. On November 20...

Excerpt: ...F'S MOTION TO COMPEL FURTHER RESPONSES TO RPDS IS GRANTED IN PART. PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO RFAS IS GRANTED. DEFENDANT'S MOTION TO COMPEL COMPLIANCE WITH A COURT ORDER IS GRANTED. THE REQUEST FOR SANCTIONS IS DENIED. PLAINTIFF'S MOTION FOR PROTECTIVE ORDER IS DENIED. THE PARTIES ARE ORDERED TO SERVE FURTHER RESPONSE TO THE SUBJECT DISCOVERY WITHIN 10 DAYS OF NOTICE OF RULING. DEFENDANT TO NOTICE. If the parties wish to su...

Excerpt: ...tion was filed by Plaintiff HUNG DAO on December 20, 2022. Plaintiff alleges that “[o]n September 17, 2021, Plaintiff entered into a warranty contract with FCA US LLC regarding a 2021 Jeep Wrangler….” (Complaint ¶14.) Plaintiff alleges tha t “[d]effects and nonconformities to warranty manifested themselves within eh applicable express warranty period, including but not limited to electrical, transmission, exterior, and structural.” (Id...

Excerpt: ...o and Cynthia Zambrano's (collectively, “Plaintiffs”) further responses to Requests for P\ roduction of Documents, Set One, Nos. 21 and 25. Defendant also requests monetary sanctions in the amount of $1,750 to be imposed against Plaintiffs' a\ nd their counsel of record. Defendant argues that Plaintiffs' responses to RFP Nos. 21 and 25 consist of meritless objections. RFP No. 21 and No. 25. RFP No. 21 sough\ t “[a]ll DOCUMENTS reflecting an...

Excerpt: ...ecial Interrogatories The court considered the moving, opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court rules on plaintiff Seran Ng, D.M.D. Inc.'s evidentiary objections, filed on April 25, 2024, as follows: Objections Nos. 1 and 8 are overruled. Objections Nos. 2-7 and 9 are sustained. DISCUSSION Plaintiff Seran Ng, D.M.D. Inc. (“Plaintiff”) moves the court for an order (1) compelling defend...

Excerpt: ...iff further requests monetary sanctions against Defendant in the total amount of $1, 560.00. TENTATIVE RULING: The unopposed motion is granted. Defendant is ordered to provide objection -free responses to Plaintiff's first set of discovery requests within 20 days. The Court imposes sanctions against Defendant in the amount of $900.00. Plaintiff is reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. ...

Excerpt: ...AND REQUEST FOR MONETARY SANCTIONS Dept. 3 8:30 a.m. May 2, 2024 ) I. INTRODUCTION On January 3, 2023, plaintiff Socorro Cabral (“Plaintiff”), indi\ vidually and as successor in interest to Tovias Espinoza (“Espinoza”), fi\ led this action against defendant Shlomo Rechnitz (“Defendant”), Alhambra Health\ care & Wellness Centre, LP dba Alhambra Healthcare and Wellness Centre (“AHWC”), and Boardwalk West Financial Services, LLC (“...

Excerpt: ...bry (“Plaintiff”) to appear for his deposition and to pay monetary sanctions. On June 14, 2023, Defendants noticed Plaintiff's deposition for September 22, 2023. The deposition was taken off -calendar in order for the parties to meet and confer regarding Plaintiff's written discovery responses. Defense counsel emailed to propose new dates to take Plaintiff's deposition, and after not hearing from Plaintiff's counsel, Defendants served a secon...

Excerpt: ...5.230. Additionally, Plaintiff requests an order imposing sanctions against Honda and its counsel of record, Clark Hill LLP in the amount of $2,490.00 . RULING : The motion is granted as set forth below . SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Olivia Morena Posada aka Olivia M. Posada's (Plaintiff) lease of a 2022 Honda CR -V (the Vehicle) pursuant to a “Closed -Ended Motor Vehicle Lease Agreement – Californ...

Excerpt: ...g Party: No opposition. BACKGROUND This is a lemon law action. Plaintiff Khachatour C. Papazian filed a complaint against General Motors LLC and Cada De Cadillac for 1. Breach of Express Warranty under the Song Beverly Consumer Warranty Act; 2. Breach of Implied Warranty under the Song Beverly Consumer Warranty Act; 3. Violation of Business and Professions Code §17200; and 4. Negligent Repair. On January 28, 2021, Plaintiff purchased from an aut...

Excerpt: ...on against the City of Los Angeles (sued as the “Los Angeles Police Department”) (hereafter, the “City”).¿ On March 25, 2022, the court sustained the City's demurrer, in part, without leave to amend as to Plaintiff's First Cause of Action for Willful Perjuries, the Serious Violation of the Federal Laws. On January 5, 2023, Plaintiff filed the operative First Amended Complaint (“FAC”).¿ The FAC alleges causes of action for (1) Willfu...

Excerpt: ...suit, the Roldon and Aronow issues raised in the Opposition require a fuller development of the record bearing on Plaintiff's ability to pay her half of the arbitrator's fees I. BACKGROUND¿ ¿ A. Factual ¿ On February 9, 2024, Plaintiff, Sheena Newman (“Plaintiff”), filed a Complaint against Defendants, Rombro & Manley LLP and DOES 1through 20. The Complaint alleges causes of action for: (1) Legal Malpractice; and (2) Breach of Fiduciary Du...

Excerpt: ...ividual PAGA claims. No opposition was filed. [FN 2] TENTATIVE RULING: Defendant's Motion to Compel Arbitration of Plaintiff's individual claims is GRANTED. Plaintiff's representative claims are stayed pending the results of the arbitration. A Status Review/OSC re: Dismissal is set for May 2, 2025 at 8:30 a.m. Defendant is ordered to give notice, unless waived. DISCUSSION: Motion to Compel Arbitration 1. Judicial Notice Pursuant to Defendant's re...

Excerpt: ...nts Jonah Nok Him Woo and Tommy Woo's Motion to Compel Response to Request for Production of Documents is GRANTED. Plaintiff Amaya Molina shall serve code -compliant responses to Defendants Jonah Nok Him Woo and Tommy Woo's Request for Production of Documents, Set One, without objections, within thirty (30) days of entry of this order. Defendants Jonah Nok Him Woo and Tommy Woo's Request for Monetary Sanctions is GRANTED in the reduced amount of ...

Excerpt: ...settin g is necessary to prevent prejudicing her interest in this litigation. The motion is granted. Under Code of Civil Procedure section 36, subdivision (a), “A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1)¿The party has a substantial interest in the action as a whole[, and] (2)¿The health of the party is such th...

Excerpt: ...) ( collectively, “Plaintiffs”) filed this action against defendant Julien Brunet (“Defendant”) and Does 1 -15 for damages arising from a motor vehicle accident. Defendant now moves for terminating sanctions against Plaintiffs for failing to serve verified discovery responses in compliance with the Court's February 7, 2024 Order pertaining to Defendant's motions to compel discovery responses. Plaintiffs are in pro per. Defendant filed a c...

Excerpt: ... Documentary Evidence 4. Compendium of Evidence 5. Declaration of Kathleen A. Stosuy OPPOSITION PAPERS: 1. Memorandum of Points and Authorities in Opposition to Motion for Summary Adjudication 2. Separate Statement of Disputed Material Facts 3. Declaration of Waukeen McCoy 4. Declaration of Vinay Ginjupalli 5. Declaration of Philip Bickler, M.D. 6. Declaration of Daniel Brelian M.D. 7. Declaration of Elena Rubin, M.D. 8. Declaration of Andrew Pha...

Excerpt: ...the other motions by Union Pacific Railroad. Moving party to give notice. 2. 2. Union Pacific Railroad Company's Motion for Summary Judgment Or, In The Alternative, Summary Adjudication As to Plaintiff State Farm General Insurance Company's Complaint Union Pacific Railroad Company's Motion for Summary Judgment Or, In The Alternative, Summary Adjudication As to Plaintiff State Farm General Insurance Company's Complaint is CONTINUED TO 05/21/2024, ...

Excerpt: ...nvestments, LLC (“Plaintiff”) was not the initial owner or landlord under the l ease; at no time has Plaintiff given Defendants notice of a change in ownership; Plaintiff did not enter into a lease agreement with either Defendants; Plaintiff lacks standing to demand rent because a change of ownership was not provided under Civil Code 1962; and Plaintiff had previously declared that the lease was forfeited, such that Plaintiff is entitled only...

Excerpt: ...City of LA”), City of Calabasas, and Does 1 through 100 for injuries arising from a slip and fall. Plaintiff alleges she was riding her bicycle on July 22, 2020 on Valmar Road at or near the intersection with Brenford Street when her bicycle slid on the water and algae in the street, causing her to fall and sustain injury. (FAC at ¶ 11.) Plaintiff sets forth two causes of action for (1) dangerous co ndition of public property against all defen...

Excerpt: ...of Objections. Evidentiary Objections : Overruled . Defendant objects to the following portions of Andrew V. Jablon's Declaration: OBJECTION NO. 1: Paragraph 5, page 10, lines 21 -22: “Upon receiving the RFAs and Form Interrogatories (collectively, the ‘Discovery'), it was forwarded to a legal assistant for calendaring, as is the custom and practice of RPB.” Lack of persona l knowledge (Evid. Code § 702(a)) OBJECTION NO. 2: Paragraph 6, pa...

Excerpt: ...antopietro filed his Complaint against James Harden, Jeff Wiseman, Patrick Michael, Lia Vasdekis, LA Estate Rentals LLC, and Solimar Management LLC. The causes of action arise from damage that allegedly occurred after these individuals and corporate entities rented George Santopietro's real property. On February 20, 2020, Jeff Wiseman and Solimar Management LLC filed their Cross -Complaint against George Santopietro. On April 13, 2020, LA Real Es...