Excerpt: ...olidated with 21SMCV01425] Hearing Date: 5/1/24 Trial Date: N/A [TENTATIVE] RULING RE: Law Offices of Robeert R. Shiri, APC's Motion to Compel Answers to Form Interrogatories, and Request for Monetary Sanctions in the Amount of $2,560.00 Against Lenny K. Dykstra and/or Attorneys of Record; and Law Offices of Robeert R. Shiri, APC's Motion to Deem Request for Admissions Admitted, and Request for Monetary Sanctions in the Amount of $2,560.00 Agains...

Excerpt: ...legal issue is identical for the parties, the court issues this ruling as to each of the separately filed demurrers. BACKGROUND Plaintiff filed the Complaint on September 29, 2022. After the parties met and conferred, Plaintiff's First Amended Complaint was filed on June 2, 2023. After Defendants successfully demurred to the SAC, Plaintiff's Second Amended Complaint was filed on Ja nuary 29, 2024. Plaintiff alleges the following facts. Plaintiff ...

Excerpt: ... motion to expunge lis pendens. The Court will not require Plaintiff to post a bond. The Court also declines to award attorney's fees and costs. The Court SUSTAINS the demurrer to the First, Second, Third, Fifth, Sixth, Ninth, Twelfth, Thirteenth, Eighteenth, and Nineteenth Causes of Action in the Second Amended Cross -Complaint with leave to amend. The Court OVERRULES the demurrer to the Fourth and Fifteenth Causes of Action. Defendants Millner ...

Excerpt: ...roposed judgment within 10 days after the date of this order. The case is closed. Defendant Maultsby's motion to change venue is DENIED as moot. Moving party to provide notice. FACTUAL BACKGROUND This is an action for unlawful detainer. Plaintiff alleges that on May 9, 2023, it acquired the subject property and unit at a trustee's sale after Maultsby defaulted on a loan secured by the property. (Compl., ¶9.) Defendant remains in possession of th...

Excerpt: ..., individually and as Trustee for the Eisler Family Living Trust; Eisler Investments; West End Properties; Robert Sundeen; Carole Sundeen; and Dustin Wells. MOTIONS Plaintiff Yazmin Ortiz (“Plaintiff”) demurs to and moves to strike the first amended answer (“FAA”) filed by Defendants Rudy Eisler, individually and as trustee for the Eisler Family Living Trust; Steven Eisler individually and as Trustee for the Eisler Family 2000 Living Trus...

Excerpt: ...R STREET LENDING FUND IV SPE, LLC'S MOTION TO STRIKE PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT Background Plaintiff Denise Wheeler (“Plaintiff”) filed this action on September 21, 2023 against Defendant Center Street Lending Corporation. Plaintiff filed the operative First Amended Complaint (“FAC”) on January 8, 2024 against Defendants Center Street Lending Corporation and Center Street Lending Fund IV SPE, LLC (jointly, “Defendan...

Excerpt: ...e fourth cause of action without leave to amend. The motion to strike is MOOT in part and GRANTED with leave to amend in part. Discussion This is a derivative action filed by Plaintiff Steven Liu on behalf of Defendant Saratoga Maintenance Corporation (“Saratoga”). Plaintiff originally pursued this action in his individual capacity, (see Case No. 19STCV25459), and alleged seven causes of act ion against Saratoga, Defendant John Leon, Defendan...

Excerpt: ...another student while on campus. [2] On December 28, 2023, Plaintiff Y.O., a minor, and by and through her Guardian Ad Litem, Beatriz P. filed suit against Defendants WALNUT VALLEY UNIFIED SCHOOL DISTRICT (“District”); SUSAN ARZOLA (the “Principal”). On January 30, 2024, Plaintiff filed her first amended complaint (FAC) against the same Defendants for: 1. Negligent Supervision Of Students [Gov. C. §§ 815.2, 815.6, And 820]; 2. Negligent...

Excerpt: ...auses of action with 20 days leave to amend. Defendants' motion to strike is moot as the FAC is subject to demurrer. I. BACKGROUND On May 19, 2023, Plaintiff Timothy Kortenkamp (“Plaintiff”) filed this action. On January 25, 2024, Plaintiff filed a First Amended Complaint against Defendants Anthem Blue Cross Life and Health Insurance Company (“Anthem”) and Elevance Health, Inc. (“Elevance”) alleging the following causes of action: C/A...

Excerpt: ... to strike punitive damages. The court sustained a demurrer on 12/15/23. The FAC includes new allegations that an arborist opined the vine is injurious to health, and a structural engineering firm opined the hot water eruption caused structural damage to Hill's home. FAC ¶¶ 36 -37. Per Cal. Civ. Code §841(b)(2), “[a]djoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them[,]” a...

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

Excerpt: ...ENTURES INC., a California corporation; COUNG THICH, an individual; 360 ESPINOSA ROAD II, LLC, a California limited liability corporation; CANNABIS STRATEGIC VENTURES, a Nevada Corporation, BENSH ENG LI, a.k.a. BENSON LI, an individual; FONG SIMON YU, an individual; CAXYH LLC, a California limited liability company; CAYPFD LLC, a California limited liability company; CAMYG LLC, a California limited liability company; CAMG LLC, a California limite...

Excerpt: ...ather than in person due to the COVID-19 pandemic. This is a lemon law matter. Defendant Ford Motor Company demurs to the Complaint's sixth cause of action for concealment for failure to state sufficient facts. When considering demurrers, courts read the allegations liberally and in context, and “treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” ( Serrano v. Pr...

Excerpt: ...laintiff”), Saul Gonzalez Arreola, and Eva Gonzalez Arreola filed this action against def\ endant Li Cui (“Defendant”), among other medical professionals, arising\ from the death of Jorge Gonzalez (“Decedent”). On January 10, 2024, Defendant filed this demurrer to Plaintiff's Third Cause of Action for negligent inflictio\ n of emotional distress (“NIED”). Defendant argues that the NIED claim fails to\ state facts sufficient to const...

Excerpt: ... the cause of action under Title 42, United States Code, Section 1983 for the reason set forth below. Plaintiff must file a first amended complaint within 20 days after the date of this order. In the amended complaint, Plaintiff must address the issue of the capacity in which Defendant Crosby is being sued as discussed below. Moving party to provide notice. FACTUAL BACKGROUND This is an action alleging law enforcement officer misconduct. Plaintif...

Excerpt: ...l Detainer Complaint OPPOSITION: 18 April 2024 REPLY: 14 April 2024 TENTATIVE: Defendants' demurrer is sustained without leave to amend. The action is dismissed. Moving party to give notice. BACKGROUND On December 21, 2023, Quetzal Salcido as administrator of Patricia Salcido -Alvonistis's Estate (“Plaintiff”) filed an Unlawful Detainer (UD) Complaint against Eric Martirosyan and E & E Ristorante Group, Inc. (collectively “Defendants”). O...

Excerpt: ...ligence, and the third COA for gross negligence. Plaintiff's opposition was due April 18, 2024 and none was filed. Procedure Despite the demurrer citing to three separate COAs, Plaintiff's Complaint only alleged a single COA for general negligence. The Court reviewed the Complaint and the Demurrer based upon the express allegations made in the Complaint (i.e., a single COA for general negligence). The Court noted that Plaintiff alleged within the...

Excerpt: ...sory Note 4. Breach of Guaranty 5. Breach of Implied Covenant of Good Faith and Fair Dealing 6. Judicial Foreclosure of UCC -1 Lien 7. Interference With Contract 8. Accounting 9. Declaratory Relief RULING : The demurrer is overruled as to the 1 st, 7 th and 9 th causes of action and sustained without leave to amend as to the 5 th cause of action. Answer is due within 30 days. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of the sal...

Excerpt: ...1-1992, when Jane Doe AH was 13 and Jane Doe KC was 15. The abuse occurred in both Mexico and California, while the Doe plaintiffs were backup singers and dancers for Defendant Trevi, a Mexican popstar. There are two cross -complaints in this action. Defendant Trevi brought a cross- complaint against Sergio Andrade, Jane Does KC 1 and AH 2, Jane Roe JP 1 and Conexiones Americanas. As to Jane Doe KC 1, Trevi alleges that KC 1 aided and abetted And...

Excerpt: ...on for a Court Judgment by default. The proposed money judgment is for over $6 Million and against Defendant Harbor Green Grain, LP, and separately against other defendants as well based on the same evidence. Plaintiffs' evidence submitted in support of the claimed default judgments as to each of the defaulting defendants is the Declaration of Qiandai Zhao, who asserts she is the owner of LAT Group Inc. The evidence is insufficient for the Court ...

Excerpt: ...ty of habitability in providing apartments with mold, plumbing issues, and intermittent hot water. Before the Court is plaintiffs' motion to determine the good faith of the settlement between Plaintiffs Julio Santos Mayorga, Heidy Santos Soto, Elisama Santos Soto and Ruth Santos Soto and Defendant 7055 Coldwater Canyon Avenue LLC. Plaintiff filed this m otion on February 27, 2024. Defendant Shind LLC filed an opposition on April 17, 2024. Plainti...

Excerpt: ...Mercedes -Benz USA, LLC (“Mercedes -Benz”) (“Defendant”). (Notice of Motion, pg. 1; Civ. Code §§1794(d), 1780(e).) Background This is a lemon law action brought under the Song -Beverly Consumer Warranty Act (“Song - Beverly Act”). Plaintiff accepted Defendant's C.C.P. §998 offer of compromise (“998 Offer”) on May 4, 2023, in the amount of $20,000.00 plus attorney's fees, costs, and expenses by motion. (P -COE, Exh. 1.) On Augus...

Excerpt: ...oyed as Cafeteria Manager IIs with Defendant ABC Unified School District (“ABC School District”). In this case, Plaintiffs allege that ABC School District paid them less than other male employees in similar jobs, and Plaintiff Montenegro alleges that ABC School District discriminated against her based on her disability (torn meniscus in her left knee) and refused to reasonably accommodate her disability. Plaintiffs' FAC alleges claims against...

Excerpt: ...(conversion), and Ninth (breach of fiduciary duty) causes of action. The motion is GRANTED with respect to (1) Onni Real Estate IX, LLC; (2) Onni South Hill Limited Partnership; (3) Onni Manhattan Beach Realty, LLC; and (4) Manhattan Beach Holdings, ULC as to causes of action one through 11. The motion is DENIED with respect to the remaining causes of action. The twelfth cause of action also remains as it was not the subject of this motion. Movin...

Excerpt: ...ion against Defendant One876 Caribbean Restaurant, LLC (Defendant) for: (1) Failure to Provide Required Meal Periods (Labor Code 226.7, 510, 512, 1194, 1197; IWC Wage Orders); (2) Failure to Provid e Required Rest Periods (Labor Code 226.7, 512; IWC Wage Orders); (3) Failure to Pay Overtime Wages (Labor Code 510, 1194, 1198; IWC Wage Orders); (4) Failure to Pay Minimum Wages (Labor Code 1194, 1197; IWC Wage Orders); (5) Failure to Timely Pay Wage...

Excerpt: ... State of California Responding Party: Unopposed Notice: OK Tentative Ruling: Plaintiff's Motion for Terminating Sanctions or alternatively, Issue, Evidentiary, and/or Monetary Sanctions Against Defendant Elias Shokrian is GRANTED IN PART, as follows: The Court DENIES Plaintiff's request for terminating and monetary sanctions against Defendant Elias Shokrian. The Court GRANTS Plaintiff's request for issue sanctions against Defendant Elias Shokria...

Excerpt: ...d personal injury as a result of a car accident with non -party Alyssa R. Garcia. Plaintiff filed a lawsuit against Garcia on February 3, 2017. Plaintiff settled her lawsuit against Garcia for Garcia's policy limits in the amount of $25,000, far less than her alleged injuries due to the accident.. Plaintiff holds an auto liability insurance policy with Defendant Allstate Northbrook Indemnity Company. Plaintiff submitted her claim to Allstate on J...

Excerpt: ...iff). Alternatively, Right Choice requests summary adjudication of the following issues in its favor and against Plaintiff : Issue No. 1: Plaintiff's Cause of Action for Negligence against Right Choice has no merit because there is no triable issue of material fact supporting Plaintiff's claim, that Right Choice was the proximate cause of Plaintiff's injuries . Issue No. 2: Plaintiff's Cause of Action for Dependent Care/Elder Abuse has no merit b...

Excerpt: ...nified School District (“Defendant”) filed, on January 25, 2024, a motion for summary judgment or, alternatively, summary adjudication against plaintiff Eric Jones (“Plaintiff”), with a hearing date of May 1, 2024. At the time that Defendant's motion was filed, trial was scheduled for February 28, 2024. On January 29, 2024, the court issued a minute order granting in part and denying in part Defendant's ex parte application to continue tr...

Excerpt: ... against defendant Katherine R. Harter, M.D. (“Defendant”\ ) alleging professional negligence arising out of an emergency room encounter. On December 11, 2023, Defendant filed this motion for summary judgment. No opposition brief has been filed. II. LEGAL STANDARD In reviewing a motion for summary judgment, courts must apply a three- step analysis: “(1) identify the issues framed by the pleadings; (\ 2) determine whether the moving party ha...

Excerpt: ... the (corrected) SAC within five days. BACKGROUND On June 7, 2023, plaintiff Michael Ward filed a complaint against City of Torrance and Eino Jussila Pentti for motor vehicle negligence. It is missing the cause of action attachment to the form complaint. On September 12, 2023, plaintiff filed a FAC alleging an incident that occurred on June 9, 2022 at Torrance Blvd. and Madrid Ave. LEGAL AUTHORITY CCP § 473(a)(1) provides, in relevant part: “T...

Excerpt: ... Summary Adjudication as to RD Construction, Inc. TENTATIVE RULING Atkinson and Associates' Motions for Summary Adjudication are denied. Background Plaintiff filed the Complaint on September 3, 2019. Plaintiff alleges the following facts. This matter involves contractual and construction defect related claims arising from a multi- family development project located at or about 8740 La Tijera Blvd. (“Pr oject”) owned by 8740 La Tijera Blvd. LA...

Excerpt: ...TY, et al. (22STCV30371); S HANA ROHANI vs CITY OF BURBANK, et al. (23BBCV00569); CLAUDIA MOGHADDAM, AS SUCCESSOR -IN -INTEREST TO THE ESTATE OF NATALEE ASAL MOGHADDAM, DECEASED, et al. vs THE CITY OF BURBANK, A GOVERNMENTAL ENTITY, et al. (22STCV32125) MOTION FOR SUMMARY JUDGMENT MOVING PARTY : Defendant City of Burbank (the “City”) RESPONDING PARTY : Latese Cherie Whitehead, Claudia Moghaddam, Shana Rohani, Nicole Richardson, Calvin Johnson...

Excerpt: ... Court has considered the moving papers. No opposition has been received. BACKGROUND Plaintiff initiated this eminent domain action on November 18, 2022 against Defendants Center Int'l Investments Inc. (“CII”), S.B.S. Trust Deed Network, County of Los Angeles, and all persons unknown claiming any right, title, estate, lien, or interest in or to the property sought to be condemned. As alleged in the complaint, Plaintiff seeks to acquire the re...

Excerpt: ...Counsel Pro Hac Vice for Plaintiffs Janell Hendricksen, et al. TENTATIVE RULING Janell Hendricksen, et al.'s Motion for Leave to File First Amended Complaint is granted. Conor Flynn and David William Terry's Applications to Appear as Counsel Pro Hac Vice for Plaintiffs Janell Hendricksen, et al. are denied without prejudice. Background Plaintiffs' Complaint was filed on March 20, 2023. Plaintiffs allege the following facts. Plaintiffs' decedent, ...

Excerpt: ...1) quiet title; (2) cancellation of written instrument based upon fraud; (3) cancellation of written instrument based upon non -delivery; (4) recission; (5) slander; (6) fraud; (7) violation of California Business and Professions Code; (8) declaratory relief; and (9) injunctive relief. On 1/17/2024, Plaintiff moved for leave to amend a second amended complaint (SAC). Discussion Plaintiffs seek leave to amend to clarify their allegations. In its r...

Excerpt: ...ntiff alleges that he rented a unit from Defendant and paid a $15,000 security deposit which was supposed to be returned upon termination of the tenancy. Plaintiff alleges that Defendant improperly applied expenses against the deposit, resulting in nothing being returned to Pla intiff. Plaintiff alleges that this amounts to theft of the security deposit. On January 5, 2023, Defendant Culver filed a cross -complaint against Plaintiff, Sachin Tejas...

Excerpt: ... the moving, opposition, and reply papers. RULING The motion is GRANTED IN PART and DENIED IN PART. The motion is GRANTED as to filing an amended complaint as to the proposed second and third causes of action and DENIED as to adding the proposed fourth cause of action against Hyatt Corporation. Plaintiff is ordered to file a First Amended Complaint within ten days. BACKGROUND On August 16, 2023, plaintiff Gary R. Herron, II filed a complaint agai...

Excerpt: ...ion. Plaintiff filed a Fourth Amended Complaint on February 9, 2022 against Defendants Arash Majlessi, Majlessi Corporation, Gloria Center LLC, Kamran Hekmat, United Escrow Co., John C. Lee, and Ian Bhak for (1) rescission, (2) fraud, (3) breach of contract, (4) rescission, (5) breach of duty and gross negligence, (6) breach of duty and gross negligence, (7) fraud, and ( 8) declaratory relief. On November 18, 2022, the court sustained, without le...

Excerpt: ...Jorge Giraffe and Does 1 to 50 for injuries arising from a motor vehicle collision. On March 23, 2022, Plaintiff filed an amendment to complaint naming George Graf (“Graf”) as Doe 1. On July 7, 2022, Graf filed his Answer to Plaintiff's complaint. On February 20, 2024, Plaintiff now seeks leave to file a First Amended Complaint (“FAC”) to correct a typographical error on the case caption. Plaintiff argues the Doe amendment to add Graf was...

Excerpt: ... terminal cancer due to toxic emissions from Plant and died by suicide on February 5, 2021. On February 6, 2023, Plaintiff, apparently as an individual, filed a Complaint against Quemetco, Inc. and nine other defendants. On February 24, 2023, the case was ordered reassigned from Department 11 to the instant department. On August 16, 2023, Plaintiff filed five “Amendment[s] to Complaint,” wherein Quemetco West, LLC (“Quemetco West”) was na...

Excerpt: ...uesting accommodation. Plaintiff alleges that she was falsely accused of sexual harassment as a pretext to terminate her. On March 21, 2024, Defendant filed the instant motion for a protective order absolving it of the obligation to respond to certain discovery requests to the extent they seek the personal information of any employee who observed, was subjected to, or reporte d sexual battery against Plaintiff. (Notice of Mtn. 2:4-9.) Alternative...

Excerpt: ...behalf of her brother, Pablo Alvarado, as his successor-in- interest. Plaintiff alleges Pablo Alvarado died as a result of the reckless neglect and misconduct of Defendants while a resident of Vernon Healthcare Center. Plaintiff now moves for evidentiary, monetary, or terminating sanctions against Defendant Vernon Healthcare Center for misuse of the discovery process. Defendant opposed. TENTATIVE RULING: Plaintiff's Motion for Sanctions is DENIED...

Excerpt: ... action arises from the deterioration of a business relationship between Jeff Kwatinetz (“Kwatinetz”), founder and manager of music production company, Prospect Park, LLC, and Azealia Banks (“Banks”), a recording artist and rapper. On September 20, 2021, Kwatinetz and Prospect Park, LLC (collectively, “Plaintiffs”), filed a Complaint against Banks and Lasagna Girl, LLC (collectively, “Defendants”). The Complaint alleged the causes...

Excerpt: ...frontation between two attorneys in the Mosk Courthouse hallway. The Complaint alleges that Defendant Fari Bari Nejadpour (Defendant Nejadpour) “instigated an extremely minor confrontation by cornering, trapping, det aining and threatening” Plaintiff Larry M. Bakman (Plaintiff Bakman) and “forcing a cellular telephone” into Plaintiff's face and recording Plaintiff's voice without his permission in an attempt to falsely claim that Defe...

Excerpt: ...n September 26, 2023. He alleges that Defendant Exeter Finance LLC (Defendant), as his auto -finance lender, wrongfully repossessed and sold his vehicle despite his timely payments on his auto -loan. Plaintiff's complaint alleges three causes of action against Defendant for negligence, fraud, and conversion. On February 8, 2024, Defendant filed this motion to compel arbitration based on the arbitration clause in a Retail Installment Sale Contract...

Excerpt: ...Oasis”) for the use of medical cannabis growth operations. The parties entered into a written contract. Thereafter, Oasis defaulted on the rent and facility fee payments. Alprop attempted to resolve the dispute without resorting to arbitration. Oasis did not respond. Alprop later opened an arbitration case with JAMS as provided under the partie s' agreement. However, Oasis did not respond to any notice or correspondence from JAMS to participate...

Excerpt: ...erest Employment Development Department (“EDD”), to schedule him for an in -person appointment. Additionally, Herrera asks the court to issue a cease -and -desist order to prevent the EDD from continuing to garnish Herrera's wages. The court has read and considered the moving papers, opposition, and reply, (and Herrera's April 22, 2024 Brief) and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Herrera...

Excerpt: ... Pressed Down, LLC, Protech Minerals, LLC, and Protech Minerals RE LLC. O n October 17, 2023, the court denied the petition as to petitioners, and granted as to respondents. Petitioners filed a notice of appeal on July 2, 2021. On June 24, 2022, the order on the petition was affirmed on appeal. Remittitur was issued on September 12, 2022. RULING: Continued to July 19, 2024. On June 9, 2023, respondents Pressed Down, LLC, Protech Minerals, LLC, an...

Excerpt: ...ice: OK Ruling: The Motions to Quash are denied. The Motion to Seal is granted. Moving parties to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. On November 24, 2021, Plaintiff Simmons Unlimited, LLC filed the operative Complaint against Defendants Dejanee Riley Izydorczyk (“Riley”), Gabriella McNeill, and Deja Riley Athletics...