Excerpt: ...vocating, a pleading, petition, written notice of motion, or other similar paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met: (1) It is not being presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost...

Excerpt: ...�FAC”), pursuant to Code of Civil Procedure §430.10(e), on t\ he ground that each of them fails to state facts sufficient to constitute a cause of action against Defendant.” PROCEDURAL ANALYSIS Moving Party: Defendant, Calstar Motors Inc. Responding Party: Plaintiff, Gagik Grigoryan Moving Papers: Notice/Demurrer; Request for Judicial Notice; Decl. Yang; Proposed Order Opposition Papers: Opposition; Decl. Margarian; Proof of Service; Objecti...

Excerpt: ...f”) filed this \ action against defendants Rose City Veterinary Hospital (“Defendant”) a\ nd Laynee Hokanson, DVM (“Dr. Hokanson”). On September 25, 2023, Plaintiff\ filed the operative First Amended Complaint (“FAC”) asserting causes of action for veterinary malpractice, intentional misrepresentation, intentional infli\ ction of emotional distress (“IIED”), and conversion. This action relates\ to veterinary care provided to Pla...

Excerpt: ...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 a...

Excerpt: ...OUND On February 6, 2024, Plaintiffs Kimberly Davis and Jonathan Davis filed a third amended complaint against Defendants Paige Hemmis, Jason Short, Ameka Benton, Scott Fields, Hallmark Cards, Inc., Crown Media Holdings, Inc., Paige Hemmis, Inc., Aria Music Group, The Oaks of Calabasas Homeowners Association, Melissa Improta, Jason Improta, and Compass California, Inc. for 1) Intentional Interference with Contract; 2) Negligence; 3) Trespass; 4) ...

Excerpt: ... Trust, dated March 19, 2016. TRIAL DATE: Not Set PROOF OF SERVICE: OK PROCEEDING: Demurrer to Cross -Complaint OPPOSITION: 29 March 2024 REPLY: 4 April 2024 TENTATIVE: Cross -Defendant Star Parking's demurrer to the first and second causes of action in the Cross- Complaint are sustained with leave to amend. Cross - Complaints are granted 30 days leave to amend. The court sets the OSC RE: Amended Cross-Complaint for May 16, 2 024, at 8:30 a.m. Mo...

Excerpt: ... The demurrer to second cause of action is SUSTAINED with leave to amend. The demurrer to the third cause of action is OVERRULED. Plaintiff is given 20 days leave to amend. BACKGROUND On October 26, 2023, plaintiff Klarissa Caitlyn Barajas filed a complaint against American Honda Motor Co., Inc., Ken Garff Automotive Group dba Long Beach Honda, Jenri Pinto Burgos, and Maria Elena Sanchez Davilla for (1) negligence, (2) breach of express warranty,...

Excerpt: ...arrington”) (collectively, “Defendants”) demur to Plaintiff 5850 Avalon LLC's (“Plaintiff”) complaint (“Complaint”) on the basis (1) it is not properly verified; (2 ) the Complaint and the contexts of Exhibit 1 are inconsistent, ambiguous, and uncertain, and therefore fails to state a cause of action in unlawful detainer; (3) the Complaint and the contexts of Exhibits 2 and 3 are inconsistent, ambiguous, and uncertain, and therefore...

Excerpt: ...) filed a Complaint against Defendants Costco Wholesale Corporation (“Costco”) and DOES 1 to 25, alleging causes of action for general negligence and premises liability. The complaint was later amended to substitute Defendant John Grove (“Grove”) for Doe 1. Plaintiff alleges that she tripped over a parking block outside a Costco store in Burbank. On December 15, 2023, Defendant Grove filed a demurrer to the first and second causes of acti...

Excerpt: ...RICAN CONTRACTOR INDEMNITY COMPANY, a California Company; and DOES 1 to 55, inclusive, 3 - TENTATIVE RULINGS- 2 DEMURRERS AND 1 MOTION TO STRIKE DEMURRER 1 RELIEF REQUESTED “Defendants, HHKC Development, Inc.; Kit Chan; and William Chan demur\ to Plaintiffs' FAC on the following grounds: Defendants individually and collectively demur to the entire First Amend\ ed Complaint the ground that it fails to state facts sufficient to constitu\ te a cau...

Excerpt: ...c. Demurrer Sustain demurrer to sixth, seventh and eighth causes of action of First Amended Complaint CAUSES OF ACTION: from First Amended Complaint 1) Nuisance Per Se v. Bedikian Defendants 2) Private Nuisance v. Bedikian Defendants 3) Public Nuisance v. Bedikian Defendants 4) Trespass v. Bedikian Defendants 5) Negligence v. Bedikian Defendants 6) Breach of Contract v. Hippo Defendants, Spinnaker 7) Breach of Covenant of Good Faith and Fair Deal...

Excerpt: ...�Plaintiffs”) NOTICE: OK¿ ¿ RELIEF REQUESTED: Defendants demur to the fourth and fifth causes of action in Plaintiffs' complaint. ¿ TENTATIVE RULING: The demurrer is overruled as to Plaintiffs' fourth cause of action and sustained as to Plaintiffs' fifth cause of action with 30 days leave to amend. BACKGROUND¿ On 7/8/20, Plaintiffs allegedly purchased a vehicle manufactured by Defendant Ford Motor Company (“FMC”), and now bring this act...

Excerpt: ...pital, LLC d/b/a Channel Partners Equipment Finance (“Plaintiff”) alleges that on September 2, 2022, Defendant Shane Weber, individual, dba Weber Enterprise (“Weber Enterprise”) entered into a written Master Equipment Finance A greement No. MA-05402 with Plaintiff pursuant to which Plaintiff agreed to finance Weber Enterprise's purchase of certain commercial equipment from a vendor selected by Weber Enterprise. Plaintiff alleges that Webe...

Excerpt: ...ncial Services NA, LLC (“Plaintiff”) alleges that on March 17, 2022, Defendant Hrach Panosian (“Defendant”) entered the Motor Vehicle Lease Agreement with dealer Crevier BMW f or the use of a 2022 BMW M8 CNV motor vehicle. Defendant agreed to make 36 monthly base payments of $2,245.75 each, plus applicable taxes, commencing March 17, 2022 and thereafter on the 17 th day of each consecutive month until the maturity date of March 17, 2025. ...

Excerpt: ...ners, as Servicer for Luxury Lease Company, a Delaware Statutory Trust filed a complaint against Tax Leaders of America, LLC and Mario Sanchez for 1. Recovery and Possession of Personal Property (Claim and Delivery); 2. Breach of Contract; 3. Fraud; 4. Conversion; and 5. Declaratory Relief. Plaintiff entered into a lease agreement with Defendant Sanchez whereby Sanchez leased a used 2012 Ferrari 458 Coupe on behalf of Tax Leaders of America, LLC....

Excerpt: ... 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 either by email at [email protected] or by telephone a...

Excerpt: ...fe, Mrs. Yao, is his caretaker. Plaintiffs allege that in June 2018, they purchased unit 3 in the Vita Bella complex located at 12050 Geurin Street in Studio City. Plaintiffs allege that Defendant Vita Bella Homeowners Association (“VB HOA”) and Defendant Coro Community Management and Consulting, LLC (“CCMC”) own, operate, and/or manage the housing and related facilities, services, and support provided by and through Vita Bella. Plaintiff...

Excerpt: ...s application for default judgment. \ Plaintiff requests a permanent injunction as a remedy for her defamation claim against defend\ ant Ly Mai Chau aka Chau Ly Mai (“Defendant”). Defendant, who was formerly Plaintiff's sister-in-law, allegedly said that Plaintiff was illegally holding Defendant in Plaintiff's residence and withholding the address of the\ residence from Defendant in order to isolate Defendant as if Plaintiff were a criminal k...

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, and replies. BAC...

Excerpt: ...ts' Anti - SLAPP motion is granted in part. This is a defamation action. Plaintiff Hovnan Derderian (Plaintiff) sued Defendant USA Armenian Life and its publisher, Defendant Appo Jabarian (Jabarian) (jointly, Defendants) for allegedly false statements made in Defendants' publication regarding Plaint iff. On February 7, 2024, Defendants filed a Special Motion to Strike the Complaint pursuant to Code of Civil Procedure section 425.16. Thereafter, P...

Excerpt: ...erve admissions response to defendant and cross- complainant's Requests for Admissions, Set One FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Erika W. Navarrete (referenced in the complaint caption with the spelling Navarete, and in some portions of the complaint as Navarette) alleges that in November of 2021, she acquired an interest in a single -family residential dwelling in South El Monte with defendant David A. Rodriguez, and that at the time...

Excerpt: ...SCH”) The Court has considered the moving, opposition, and reply papers. BACKGROUND On June 20, 2023, Plaintiffs Glass House Brands Inc., Kyle D. Kazan, and Graham Farrar (collectively, “Plaintiffs”) filed a Complaint against Defendants South Cord Holdings LLC, South Cord Management LLC, Elliot Lewis, Damian Martin (collectively, “Defendants”), and DOES 1 through 100, inclusive for: (1) Defamation Per Se; (2) Defamation Per Quod; and (3...

Excerpt: ...declaratory r elief against the Los Angeles Unified School District (the “LAUSD” or the “District”), as well as the Board of Education and Superintendent (collectively, “Respondents”). Petitioners move for a preliminary injunction to prevent the LAUSD from using a school facility, constructed with Charter School Finance Program (“CSFP”) funds, for anything other than a qualified charter school, per the Charter School Facilities Pr...

Excerpt: ...cond Amended Verified Complaint FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Angela Mendoza brings this action against defendants Mohave Transportation Insurance Company and Joseph Samaha for damages plaintiff alleges plaintiff suffered arising from a motor vehicle cause of action. The operative complaint, the First Amended Complaint, is a form complaint which attaches no cause of action forms. The initial complaint alleges that defendant Samaha ...

Excerpt: ...papers. BACKGROUND On September 7, 2023, Plaintiff Jinhee Kim filed the operative Second Amended Complaint alleging causes of action for (1) breach of oral agreement, (2) wrongful retention of security deposit per Civ. Code §1950.7(C), (3) money had and received, (4) breach of covenant of quiet enjoyment, and (5) California unfair competition under Cal. Bus. & Prof. Code §§ 17200, et seq. Defendant Brandon Kim seeks leave to file a cross -comp...

Excerpt: ...de meal breaks and rest periods, (4) Labor Code section 203 wages, and (5) Labor Code section 226 damages. On February 28, 2024, Plaintiff filed this motion for leave to file an amended complaint. LEGAL STANDARD Under Code of Civil Procedure section 473, subdivision (a)(1), “[t]he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading.” Amendment may be allowed at any time before or after ...

Excerpt: ...Case History On September 13, 2023 the parties reached a settlement through mediation in which the defendants, William S. Prevots III and RK Company, Inc. dba Cigar Cartel in which RK Company, Inc. (“RK”) agreed to pay $45,000 to Plaintiff to settle the case. The payment would be made within 60 days of defense counsel receiving a fully executed settlement agreement and an IRS W-9. The settlement check was to be made payable to “The Gilleon ...

Excerpt: ...s”) and Eunice Knight Saunders Corporation (“EKSC”) negligently caused Plaintiff's injuries due to an improper/unsafe placement of flower carts and lack of safety barriers around the flower cart and store entrance areas, which created a dangerous condition on the property. Plaintiff alleges that she sustained injuries and damages as a result of the dangerous condition and Defendants' failur e to warn Plaintiff of the risks. The complaint, f...

Excerpt: ...a 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 disengaged from the wa...

Excerpt: ...ntities) Responding Parties: None Motion for Determination of Good Faith Settlement The court considered the moving papers and Defendants Those Certain Underwriters at Lloyd's, London Subscribing to Policy Number HGB0140086 and Washington & Finnigan, Inc.'s response (not an opposition) that was filed on February 1, 2024. The court GRANTS Defendant's application for determination of good faith settlement. The court determines the settlement entere...

Excerpt: ...AFT ELECTRIC COMPANY, a California corporation; and ROES 1 through 10, inclusive, Cross -Defendants. Case No.: 19STCV12991 Hearing Date: 4/12/24 Trial Date: N/A [TENTATIVE] RULING RE: Plaintiff/Cross -Defendant Taft Electric Company's Motion for an Award of Attorney's Fees and Costs. I. Background A. Pleadings On April 5, 2019, Plaintiff/Cross-Defendant Taft Electric Company, Inc. (Taft Electric) initiated this action by filing a Complaint allegi...

Excerpt: ... claim filed by Plaintiff, Gayle Mullen, (Plaintiff) in the probate estate matter of her ex -husband, Steven Mullen (Decedent). On December 1, 2009, Plaintiff was awarded a Judgment of Dissolution in the amount of $263,035 in child support arrearages with prejudgment interest of $238,724.02 for a total judgment of $501,759.04 (Support Judgment). On February 17, 2022, Decedent died, and, on February 23, 2022, a Petition for Letters of Administrati...

Excerpt: ... Bart & Judy's Bakery, Inc. and Bart Greenhut. The complaint alleges the following causes of action: (1) breach of lease; (2) common counts; (3) breach of writte n guaranty; and (4) ejectment. On August 12, 2021, Bart filed a cross-complaint against Plaintiff for negligence and unfair business practices arising from Plaintiff's allegedly improper rent demands and rent increases. Plaintiff voluntarily dismissed the action after Defendant vacated t...

Excerpt: ...”) (“Defendant”) moves for an order awarding it attorneys' fees and costs in the total amount of $399,201.55, comprised of $368,976.50 in attorneys' fees, an additional $5,000 in anticipated fees on the instant motion, and costs in the amount of $25,225.05 against Plaintiff Five Points, LP (“Five Points”) (“Plaintiff”) as the prevailing party in the instant case. (Notice of Motion, pg. 2; C.C.P. §§1032(a)(4), (b); §1033.5(a)(10);...

Excerpt: ...gs. Plaintiff moves to amend the complaint. Defendants' motion to compel arbitration is GRANTED. Defendants' motion to stay proceedings is GRANTED. Plaintiff's motion to amend the complaint is DENIED as moot. This action is hereby STAYED pending resolution of the arbitration. The Court sets a Status Conference Re: Arbitration for January 29, 2025 at 8:30 AM. Defendants to give notice. Background Plaintiff Matthew Chidez (“Plaintiff”) filed th...

Excerpt: ...Artiaga appears to seek summary adjudication in the alternative. Defendant City of Los Angeles (“City”) joins in Artiaga's motions. The Court DENIES the motion for summary judgment. The Court does not issue a tentative on the summary adjudication motion but invites argument as to whether summary adjudication of any particular claim should be granted in light of the Court's ruling on the summary judgment motion. Background This case concerns p...

Excerpt: ...ad faith insurance action. On November 2, 2022, Plaintiffs, Angelique Gomez (“Gomez”) and Martin Gomez Ambriz (“Ambriz”) (collectively, “Plaintiffs”), filed a Complaint against Defendants National General Insurance Company (“NGIC”), Integon National Insurance Company (“Integon”), Freeway Insurance Services, Inc., and Freeway Insurance Services America, LLC, for (1) Breach of Contract, (2) Breach of Duty of Good Faith and Fair ...

Excerpt: ...to 50 for damages arising from a motor vehicle accident. Plaintiff filed amendments to complaint naming Raiser LLC as Doe 1, Raiser-CA LLC as Doe 2, and Raiser – DC LLC as Doe 3. Raiser LLC and Raiser -CA LLC (collectively, “Raiser”) now move for terminating sanctions against Plaintiff for failing to serve verified discovery responses in compliance with the Court's February 21, 2024 Order compelling responses to Raiser's Request for Admissi...

Excerpt: ...independent contractor (Lab. Code, §¿226.8); 1 (2) failure to pay all wages due (§¿1194); (3) failure to pay minimum wage (§¿1194); (4) failure to pay overtime compensation (§§¿510, 1194); (5) failure to provide meal periods (§§¿512, 226.7); (6) failure to provide rest periods (§§¿512, 226.7); (7) fai lure to provide accurate itemized wage statements (§¿226); (8) waiting time penalties (§§¿201- 203); (9) illegal deductions (§...

Excerpt: ... around February 5, 2022, Cara J. Stults (Plaintiff) purchased a 2019 GMC Yukon XL (the Vehicle) manufactured by General Motors (Defendant). (Complaint, ¶ 5.) The Vehicle was accompanied by an express written warranty. (Id. at ¶ 5.) Soon after the purchase, Plaintiff began experiencing several defects including issues with the powertrain system, the braking system, and the electrical system. (Id. at ¶ 11.) Plaintiff then filed suit on May 25, ...

Excerpt: ...letion of arbitration, and the Court sets an arbitration status conference for January 23, 202 3 at 8:30 a.m. I. BACKGROUN D A. Factua l On July 6, 2023, Plaintiffs, Karen Corea and Citywide Bins & Recycling Corporation (collectively “Plaintiffs”) filed a Complaint against Defendant, Tesla Motors, Inc., and DOES 1 through 10. The Complaint alleges causes of action for” (1) Violation of Civil Code § 1793.2(d); (2) Violation of Civil Code §...

Excerpt: ...financing of solar panels to Plaintiff's residence. Plaintiff sought to cancel the contracts, but defendants refused. Plaintiff seeks a Public Injunction enjoining Solgen Construction, LLC from engaging in solar panel installations without adhering to certain standards, due to prior fraudulent activities. On August 1 and 24, 2023, Plaintiff filed a complaint and first amended complaint for Fraudulent Concealment; Negligence; Violations of The Eld...

Excerpt: ...ted; the matter is stayed pending resolution of arbitration. In this employment action, Plaintiff Frederick Cail (Plaintiff) filed a Complaint on November 6, 2023, alleging FEHA claims for discrimination, failure to prevent discrimination, retaliation, harassment, and retaliation pursuant to Labor Code section 1102.5 against his former employer, Defendants Simplified Transport, LLC, Simplified Staffing Solutions, Inc., Simplified Driver Staffing,...

Excerpt: ... and 21.) On July 25, 2023, Plaintiffs filed a Complaint against Defendant alleging a violation of the Song- Beverly Act. Defendant AMERICAN HONDA MOTOR CO., INC. (“Defendant” or “Honda”) now seeks to compel arbitration under the Retail Installment Sales Contract (“RISC”) and its accompanying arbitration agreement. Arbitration Agreement Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid ...

Excerpt: ...ic Connector, Inc. (“Defendant”) and DOES 1 through 20, inclusive, alleging twelve causes of action for, among other claims, discrimination, retaliation , and failure to prevent discrimination and retaliation. The Complaint arises from Plaintiff's termination from employment after being placed on medical leave due to her pregnancy. Plaintiff alleges she was wrongfully terminated, among other claims. On October 6, 2023, Defendant filed an Answ...

Excerpt: ...opposition papers have been filed as of April 9, 2024. Defendant Varela filed notice of no opposition on April 2, 2024. The Court GRANTS Defendant Varela's unopposed motion to compel arbitration. The case is stayed pending binding arbitration as to the entire action. Background This is an action for breach of contract and related employment claims. On December 9, 2022, Omar Moreno (“Plaintiff”) filed his Complaint against Central City Communi...

Excerpt: ...ff beginning in 2007. Plaintiff was born on May 17, 1999. Berendt was arrested in 2012 for the alleg ed molestation of numerous students on the campus. On October 3 and 21, 2022, Plaintiff filed a complaint for Intentional Infliction of Emotional Distress; Negligence; Negligent Supervision; Negligent Hiring/Retention; Negligent Failure to Warn, Train, or Educate; Breach of Fiduciary Duty; Constructive Fraud; Sexual Battery; and, Sexual Assault. D...

Excerpt: ...n Filed: 07/20/21 2nd Amended Complaint Filed: 10/26/22 Trial Date: 05/20/24 Hearing date: April 11, 2024 Moving Party: Defendant Philip Michels, et al. Responding Party: Plaintiff Stanley Orwasher Motion for Summary Judgment or, in the alternative, Summary Adjudication The Court considered the moving papers, opposition, and reply. The motion is DENIED. Background On October 26, 2022, Plaintiffs Stanley Orwasher, individually and the Estate of Ph...

Excerpt: ...RTY: Plaintiff Sannette Gite I. BACKGROUND This is a quiet title action concerning the real property at 8940 Kramerwood Place, Los Angeles, California 90034 (the “Property”). On December 6, 2021, Plaintiff/Cross-Defendant U.S. Bank National Association (“US Bank”), as trustee for Velocity Commerci al Capital Loan Trust 2019- 3, filed a Complaint against Defendant/Cross -Complainant Sannette Gite (“Gite”). . On January 13, 2023, Gite f...

Excerpt: ...LAUSD's request for summary judgment is denied. LAUSD's request for summary adjudication is granted as to the fourth cause of action and denied as to the first, second, and third causes of action. Defendant to give notice. BACKGROUND This action arises from the employment of Deborah Mak (“Mak”) and Brent Palmer (“Palmer”) (collectively “Plaintiffs”) by Defendant Los Angeles Unified School District (“LAUSD” or “District”). In O...

Excerpt: ...l's unopposed motion for leave to file a first amended complaint is granted. Plaintiffs may file the proposed first amended complaint with the Court. Plaintiffs Jyla Elsa Corral, Jonaven Hess Corral, Jazlyn Leilani Corral, Jayven Cali Corral, and Jocelyn Gianna Corral, individually and as successors in interest to Heather Susy Garcia, by and through their Guardian Ad Litem Rafael Corral (colle ctively, “Plaintiffs”) move unopposed for and ord...

Excerpt: ... for Violation of Song- Beverly Act— Breach of Express Warranty of Merchantability, and Violation of the Song- Beverly Act—Civil Code section 1793.2. On June 21, 2023, FCA US LLC answered the complaint. RULING: Granted Plaintiff Reina Garcia moves to compel further responses to request for production of documents, numbers 45 -46. Plaintiff alleges unmeritorious objections. Plaintiff submitted a notice of non -opposition and the court electron...

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 an a ction arising out of a motor vehicle accident. Defendant Alexander was allegedly negligent in causing the accident. Defendant Tokasey allegedly defamed Plaintiffs by stating that they were committing insurance...

Excerpt: ... court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. “The trial court has discretion to permit or deny the amendment of the complaint, but instances justifying the court's denial of leave to amend are rare.” ( Armenta ex rel. Cit...

Excerpt: ...er res pect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. “The trial court has discretion to permit or deny the amendment of the complaint, but instances jus...

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 Defendants defrauded him into taking out a short term bridge loan with exorbitant up -front costs and an enormous balloon payment after one -year, as a step toward obtaining a reverse mortgage. Plain...

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 m...

Excerpt: ...ion¿387, subdivision¿(a) provides that, “[u]pon¿timely application, any person, who has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both, may intervene in the action or proceeding.¿ An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the com...

Excerpt: ...s that Defendant Dean Matsuda negligently performed a bilateral hip arthroscopic surgery. The operative complaint alleges a single claim for medical malpractice. The relevant facts are as follows: At the time Plaintiff saw Defendant, she had a history of left groin and lateral hip pain. (Undisputed Material Facts (“UMF”) No. 109.) Plaintiff's hip symptoms were unresponsive to conservative therapy for at least th ree months before she saw Defe...

Excerpt: ...cause its cross -complaint against Stacy John Sanchez, Stacys In Home Care, Inc., Another Successful Venture, Inc., and Lilliana Juliano remains pending. Trial on the cross -complaint is currently scheduled for 6/28/24. On 2/01/24, after hearing on the issue of the one judgment rule, the Court entered judgment in favor of Plaintiff and against VCC. The judgment, which reflects the jury verdict, is in the amounts of $19,817.00 (economic damages), ...

Excerpt: ...eeks an order for preliminary approval of a class action settlement. The settlement class consists of approximately 57 current and former exempt Production Managers, and/or hourly employees of Defendant in California. The agreement would provide them with an overall value of $610,000.00. LEGAL STANDARD Judges are to apply an appropriate standard of review of PAGA case settlements, by inquiring whether settlements are “‘fair, adequate, and rea...

Excerpt: ...April 29, 2021, Plaintiff Carlos Chavez (“Chavez” or “Plaintiff”) filed a Complaint against Schlumberger Technology Corporation (“Schlumberger”) and Timothy Ramey (“Ramey”) (collecti vely, “Defendants”), alleging causes of action for (1) Interference with Right to Medical Leave under the California Family Rights Act, (2) Retaliation for Taking Medical Leave under the California Family Rights Act, (3) Retaliation for Taking Med...

Excerpt: ... 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 cause of action has no merit, th ...

Excerpt: ...nnifer Habib, and Stephanie Habib (Plaintiffs) filed a second amended complaint (SAC) against Defendant A.L. Wilson Chemical Co mpany (Defendant) and others. The SAC alleges the following causes of action: (1) negligence, (2) strict liability – failure to warn, (3) strict liability – design defect, (4) fraudulent concealment, (5) breach of implied warranties, and (6) loss of consortium. On December 21, 2023, Defendant filed this motion for su...

Excerpt: ... However, the ruling on this social media policy does not foreclose Boger's own testimony concerning the existence of another policy during the relevant period. ( See Contreras Decl. Exh. 2 at p. 114. The objections to the police report and criminal complaint against Young are SUSTAINED to the extent that they are introduced for the truth of any content contained within them, but are OVERRULED to the extent they demonstrate to the existence of th...

Excerpt: ...g from a trip and fall at SoFi stadium. On March 18, 2024, Plaintiff filed the instant motion seeking an order compelling defendant Stadco LA, LLC ("Defendant') to provide further responses to Plaintiffs request for production of documents ("RPDs), sets one and fivo, as to requests nos. 2, 8, 16, 17, 18, 19, and 23. In opposition, Defendant contends Plaintiff received all relevant documents requested at IDC and that Plaintiff did not meet and con...

Excerpt: ...(1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (CCP §§ 436(a)- (b); Stafford v. Shultz (1954) 42 Cal.2d 767, 782 [“Matter in a pleading which is not essential to the claim is surplusage; probative facts are surplusage and may be stricken out or disregarded�...

Excerpt: ...EPLY: No reply filed. RELIEF REQUESTED Defendant moves for an order compelling Plaintiff to provide further responses to its form interrogatories. BACKGROUND This case arises out of Plaintiff Maria Ayala's (“Plaintiff”) claim she tripped and fell at Defendants' premises on August 25, 2021. Plaintiff filed this complaint on August 24, 2023, alleging two causes of action for (1) negligence and (2) pr emises liability. TENTATIVE RULING Defendant...

Excerpt: ... against defendants Allied Universal Security Services Universal Protection Services LPP and White Memorial Medical Center (“WMMC”) for damages arising from security removing Plaintiff from the premises. The complaint sets forth four causes of action for (1) assault, (2) batt ery, (3) negligence, and (4) negligent hiring, retention, supervision and training. Defendant Allied Protection Service, LP dba Allied Universal Security Services Univer...

Excerpt: ...ez filed their Complaint against Defendants Soraya Moazaam, Faro Optometry Inc., and Faro Management, LLC. The causes of action arise from an alleged business relationship gone awry. On December 14, 2023, the First Amended Complaint (FAC) was filed, which omitted Leo Gonzalez as a plaintiff and added a cause of action. On December 21, 2023, Plaintiff Vrezh Hovhanissyan (“Plaintiff”) filed Notice of Errata Re First Amended Complaint. On Februa...

Excerpt: ...o contendere and was convicted, April 8, 2021… of Penal Code section 647.6(A)(1) (annoying or molesting a chil d under 18 years of age) and section 25850(A) (carrying a loaded firearm on the person or in a vehicle). (Complaint ¶1.) He used the firearm to intimidate and threaten the victim. (Complaint ¶ 8.) “The crimes occurred in connection with the commercial space that was turned into a political campaign office during late 2020 and early...

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. Plaintiffs allege that Defendant has defamed Plaintiff by making false statements to Plaintiff's relatives to encourage them to file a lawsuit against him regarding misappropriation/mismanagement of trust assets. Plaintiff...

Excerpt: ...n; (4) declaratory judgment; (5) retaliation; (6) retaliation; (7) wrongful termination; (8) failure to pay wages; (9) failure to provide rest periods; (10) waiting time penalties; (11) unfair competition; (12) conversion; and (13) failure to provide itemized wage statement. On 2/29/2024, Plaintiff moved for relief from waiver of objections. Discussion Plaintiff seeks relief from waiver of objections, contending that her failure to provide timely...

Excerpt: ...is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On December 6, 2023, Arbitrator Lizbeth Hasse (the Arbitrator) issued an Arbitration Award in favor of Respondent The Lobster, LLC and against Claimant Chris Prell, with no fees or costs awarded to Respondent. The Final Award finds that Respondent did not discriminate against Claimant due to age or disability, did not deny him any entitlement to accommodation or interactive process due to...

Excerpt: ...espondent opposes the petition and Petitioner replies. [1] ANALYSIS 1. MOTION TO COMPEL ARBITRATION – LEGAL STANDARDS “[T]he advantages of arbitration include a presumptively less costly, more expeditious manner of resolving disputes. It follows a party to a valid arbitration agreement has a contractual right to have its dispute with another party to the contract resolved quickly and inexpensively.” (Henry v. Alcove Investment, Inc . (1991)...

Excerpt: ...from the date of his discharge until he is reinstated. 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 Joy commenced this proceeding on February 28, 2023 against Respondent Commission, naming the County's Probation Department (“Department”) as Real Party -in- Interest. The Petition alleges in pertinent part as follows. The...

Excerpt: ...sive medical procedure; (2) depos e Respondent prior to the independent medical examination; and (3) subpoena the medical treatment records, including imaging, of Respondent for the independent medical examiner. RULING : The petition is denied. This petition arises out of an alleged motor vehicle accident (“subject incident”) occurring at approximately 3:45 p.m. on October 17, 2022 on the southbound 5 freeway just north of the 210 freeway ove...

Excerpt: .... Statement of the Case Petitioner Dawson commenced this proceeding on January 10, 2024. The Petition alleges in pertinent part as follows. The Housing Authority was made aware of Dawson's claim as early as April 12, 2023. Pet., ¶2. There were 31 or more communications between Dawson's attorneys and claims adjusters for the Housing Authority between April 12, 2023 and October 4, 2023. Pet., ¶2. The City is claiming that Dawson failed to present...

Excerpt: ...gatories; Requests for Admission (“RFAs”); and Special Interrogatories. Defendant further requests monetary sanctions against Plaintiff and his counsel in the combined amount of $5,740.00. TENTATIVE RULING: The unopposed motions are granted. Plaintiff is ordered to provide objection -free responses to Moving Defendant's first set of discovery requests within 20 days. Moving Defendant's Requests for Admission, Set One, are deemed admitted. The...

Excerpt: ..., discriminated against Plaintiff due to his disability. Defendants move for an order transferring this case to Ventura County, and requiring Plaintiff's counsel to pay $5,385.00 to Defendants. Plaintiff opposes the motion. LEGAL STANDARD A defendant seeking a change of venue has the burden to show facts justifying transfer of venue. Mission Imports, Inc. v. Sup. Ct . (1982) 31 Cal.3d 921, 929. The defendant must negate all possible bases for pro...

Excerpt: ...e properties remains either jointly held or solely held in the name of defendant Cesar Segovia, but maintains a series of agreements between the parties supports claims legal title to all three based contributions to the properties by Plaintiff. On August 28, 2023, Plaintiff filed a complaint for Quiet Title (three separate causes of action), Conversion, Intentional Infliction of Emotional Distress, Negligent Infliction of Emotional Distress, Rep...

Excerpt: ...7: Appeal filed by Defendant Ralphs Grocery Co • 12/09/19: Remittitur received, reversing in part and remanding. • 09/19/23: Special verdict entered. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a wrongful termination action. Following an appeal, the remaining claims are FEHA claims for failure to accommodate and engage in the interactive process and a defamation claim. Defendant moves to tax the memorandum of costs filed by Plaint...

Excerpt: ...a, Chance Brown, Stephen Thompson, Erick Herrera, Diana Salazar, Christopher Pearl, Brandon Gaviria, Amanda Flores, Osvaldo Perez, Mark Escalante, Katherine Gerbasi, Danyelle Leah Sims, Kevin Jesus Ruiz, Elver Hernandez, Paris Was hington, Aaron Walker Matis, Lacramiora Muntean, Kent Villa, Jasmin Rincon, Elizabeth Tooley, Alicia Reyna, Samantha De Leon, Morgan Fangue, Leslye Alaniz, Katherine Gray, Katelynn Rhoads, and Grace Evelyn Bowland Motio...

Excerpt: ... On May 25, 2023, Plaintiff Samuel Castorena (“Plaintiff”) filed the instant products liability action against Defendants Quinn Company (“Quinn”), Kubota Corporation, Kubota Northa America Corporation, Kubota Tractor Corporation, and Kubota Manufacturing of America Corporation (collectively “Defendants”). The complaint asserts four causes of action for (1) Strict Products Liability, (2) Negligence, (3) Breach of Express Warranty of Me...

Excerpt: ...swers, privilege log and production are due within 20 days. The Court orders monetary sanctions against defendants and their counsel, Harrington, Foxx, Dubrow & Canter, LLP, jointly and severally, in the sum of $2,346.66 pursuant to CCP section 2023.030, payable to the Client Trust Account of Effres & Effres, LLP, 5115 Clareton Dr. Suite 110, Agoura Hills, CA 91301 by 5/11/2024. Introduction Plaintiff Joshua Tipton moves to compel further respons...

Excerpt: ..., a California corporation. CASE NO.: 22BBCV00741 MOTION FOR ORDER SETTING ASIDE ORDER FOR SANCTIONS MOVING PARTY: Counsel Manuel Eli Gonzalez, counsel of record for Defendant Pinkberry, Inc. RESPONDING PARTY : Plaintiff Brian Whitaker SERVICE: Filed January 2, 2024 OPPOSITION: Filed March 27, 2024 REPLY: Filed March 28, 2024 RELIEF REQUESTED Counsel moves to set aside this court's order imposing $3,000 in sanctions against him. BACKGROUND This c...

Excerpt: ...entative, 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, and replies. BACKGROUND On June 9, 2023, Plaintiff Laura Spensley sued Defendants Yaniv Ben Ami, Yaniv Ben Ami Living Trust, Keren Shabat, and EG Renovation, Inc., asserting causes of action for (1) breach of oral contract; (2) fraud...

Excerpt: ...ad in Tujunga. On June 15, 2022, Defendant filed an answer to the complaint. On September 21, 2022, Plaintiff Vartan Aristakian filed a request for dismissal of their claims. On filing, the Court set a trial date of October 27, 2021. The trial date was vacated, reset for July 25, 2023, continued to November 29, 2023, and then continued again to March 25, 2024. On March 5, 2024, the Court granted the opposed ex parte application of Plaintiff Vahag...

Excerpt: ...eclassify Case to Limited Jurisdiction The court considered the moving and non-opposition papers filed in connection with this motion. No reply papers were filed. DISCUSSION Defendant Josefina Campos (“Defendant”) moves the court for an order reclassifying this action, filed by plaintiff Angela Rios Miranda (“Plaintiff”), as a limited civil case. “If a party files a motion for reclassification after the time for that party . . . to resp...

Excerpt: ...ion that was filed on December 13, 2023. Plaintiff alleges that Defendants are attempting to evict him from his rental unit under color of a judgment in an unlawful detainer action which Plaintiff contends is invalid. Specially Appearing Defendant Kimball, Tirey, & St. John LLP moves to quash service of the summons and complaint. TENTATIVE RULING: Defendant Kimball, Tirey, & St. John, LLP's Motion to Quash Service of Summons is GRANTED. DISCUSSIO...

Excerpt: ...iel Mehrban (Mehrban). Plaintiff t hen filed the operative First Amended Complaint (FAC) on December 20, 2023, where Plaintiff alleges five causes of action surrounding the allegations that Treehouse, Goldsmith, and Mehrban all became indebted to Plaintiff in the sum of $9,249.08. (FAC, ¶ 8-10.) The motion now before the Court is the Motion to Quash the service of Summons and Amended Complaint filed by entity Defendant Treehouse. Plaintiff oppos...

Excerpt: ...ha Finance, Ltd., Bolt Ventures Ltd., FCA Capital Ltd., and Rocio Trading Corporation, filed a Petition to Confirm Contractual Arbitration Award against Respondent, RT Features U.S., LLC (“RT Features”). The Petition is redacted. On January 25, 2024, Petitioners filed this Motion to Seal to File Portions of Petition to Confirm Arbitration Award Under Seal. The motion was heard on March 14, 2024. The court continued the hearing for the motion ...

Excerpt: ...s. The Motion to Expunge Lien filed by Plaintiff Jose Villagomez is DENIED. Background This is a toxic tort action. On April 25, 2019, Jose Villagomez (“Plaintiff”) filed this action against Does 1 through 100, alleging five causes of action for (1) Negligence; (2) Strict Liability – Failure to Warn; (3) Strict Liability – Design Defect; (4) Fraudulent Concealment; and (5) Breach of Implied Warranties. The Complaint alleges the following:...

Excerpt: ...een Plaintiff and Defendants Jamgle Jam USA, Inc. and Rama McCabe on August 30, 2023, is granted. Plaintiff Esther Lim (“Lim”) (“Plaintiff”) moves unopposed for this Court to set aside the judgment of dismissal entered on September 20, 2023, and enter judgment pursuant to the terms of the Stipulation for Entry of Judgment executed between Plaintiff and Defendants Jamgle Jam USA, Inc. (“Banks Journal”) and Ra ma McCabe (“McCabe”) (...

Excerpt: ...nd went to work for Plaintiff's competitor, Epiq. The overall thrust of Plaintiff's complaint is that after joining Epiq, Hartstein accessed Plaintiff's confidential, proprietary data, used that data to solicit Plaintiff's customers to his new company and enticed former co -workers to join him at Epiq. The allegations against Hartstein include: 1. He violated the terms of a promissory note with Plaintiff and still owes Plaintiff approximately $35...

Excerpt: ...ies, Inc. (“Uber”), and Does 1 through 20 asserting causes of action for motor vehicle negligence and general neg ligence. Uber and Gomillion filed their answers on January 3 and January 11, 2022. On February 27, 2024, Defendant Uber Technologies, Inc. (“Uber”) filed this motion to compel the second deposition of Plaintiff. Uber also seeks sanctions. The motion was originally set for hearing on May 29; the hearing was advanced to April 11...

Excerpt: ...intiff Leon Barnett Hall Responding Party: No opposition. BACKGROUND This matter arises out of an automobile accident that occurred on May 2, 2022. Plaintiff alleges they were injured as a result of Defendant Paulina Cruz' negligence. Plaintiff filed his complaint on November 8, 2022 against Paulina Cruz, Access Services, a nd MV Transportation, Inc. [TENTATIVE] RULING: Plaintiff's Motion to Compel Responses to Form Interrogatories, Set One Again...

Excerpt: ..., without objections, by 3/12/24. On 3/12/24, Defense Counsel emailed back apologizing for the oversight and promising responses, without objection, as quickly as possible, but noting that compliance with the 3/12/24 deadline was not possible. The same day, Plaintiffs filed this motion. On 3/28/24, Defendant served verified responses, without objections. Plaintiffs, in their reply papers, contend the responses are deficient. Plaintiff did not, ho...

Excerpt: ...for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.” (CCP § 2025.450(a).) Such motions shall (1) set forth specific facts showing good ...

Excerpt: ... 3, 2020. Zucker and Shaw filed their answer to the complaint on April 15, 2022. On March 6, 2024, Shaw filed this motion for leave to conduct a mental examination of Plaintiff. The motion was initially set for hearing on June 10 and was advanced to April 11 on the moving party's ex parte application. No opposition has been filed. Legal Standard “Any party may obtain discovery . . . by means of a physical or mental examination of (1) a party to...