Excerpt: ...on, Inc. Motion to Compel Further Responses to Requests for Production of Documents The court considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court grants defendant AVX Design & Integration, Inc.'s request for judicial notice as to exhibit 1. (Evid. Code, § 452, subd. (c).) The court denies defendant AVX Design & Integration, Inc.'s request for judicial notice as to exhibi...

Excerpt: ...E 3.3(F) WITHIN TEN (10) DAYS OF THIS ORDER. ANALYSIS: Plaintiffs Eduardo Tiempo, Gary Rand & Suzanne E. Rand -Lewis, Professional Law Corporations (“Plaintiffs”) filed the instant action against Defendants Finchey Corporation of California dba Pacific BMW, David Ho, Arsen Dagbashyan, Sevak Adamyan, and Andy Adamyan (“Defendants”) on December 11, 2022. The action alleges causes of action for (1) breach of express contract; (2) constructiv...

Excerpt: ...ely, “Plaintiffs”) filed this action against defendants Dr. Robert Khorramian, Dr. Ellie Goldstein, and The Rehabilitation Centre of Beverly Hills (“the Centre”) for wrongful death ari sing from allegations of medical malpractice. On February 26, 2024, the Centre filed an application for good faith settlement, in addition to the instant motion for determination of good faith settlement between it and Plaintiffs. As of April 11, 2024, the ...

Excerpt: ...S, SET THREE Background On March 25, 2024, Plaintiff Kristina Holman (“Plaintiff”) filed this operative Second Amended Complaint (“SAC”) against Defendants Kerlan -Jobe Surgery Center LLC; Kerlan- Jobe , LLC; Cedars-Sinai Kerlan Jobe Institute; Cedars -Sinai Medical Center; Cedars-S inai Medical Care Foundation; Kerlan -Jobe Orthopaedic Clinic, a Medical Group, Inc. (collectively, “Defendants”); and DOES 1 through 50, inclusive, asser...

Excerpt: ...ing Party: Defendant Devoto -Wade LLC dba Golden State Cider Motion for Issue and Monetary Sanctions The Court considered the moving papers, opposition, and reply. Background On January 13, 2023, Plaintiff Ben Myerson Candy Co., Inc. dba Wine Warehouse (“Plaintiff”) filed the operative Second Amended Complaint (“SAC”) against Defendant Devoto - Wade LLC dba Golden State Cider (“Defendant”), and DOES 1-10, inclusive for: (1) Breach of ...

Excerpt: ...Cornelius Sr., Christopher D. Cornelius Sr., individually and successors in interest to Earl Conelius Jr., deceased . TRIAL DATE: Not Set. MOTION: (1) Motion for Judgment on the Pleading s Tentative Rulings: (1) GRANTED, with 20 days' leave to amen d I. BACKGROUND A. Factual On March 20, 2023, Plaintiffs, Carlos E. Cornelius Sr., Dwayne Cornelius, Jonathan L. Cornelius, Lamont Cornelius Sr., Christopher D. Cornelius Sr., individually and successo...

Excerpt: ...nduct discovery, which Respondent opposes. The motion is granted in part and denied in part. FACTUAL BACKGROUND Petitioner was licensed to practice medicine in California in 2003. (Petition for Writ of Administrative Mandate (“Pet.”) ¶ 1.) On December 16, 2020, Respondent filed an accusation against Petitioner alleging negligence and failure to maintain accurate medical records. (Id. ¶ 9.) According to the petition, “this case involved th...

Excerpt: ... notice. REASONING The court may grant leave to amend the pleadings at any stage of the action. (Code Civ. Proc., § 473, subd. (a).) A party may discover the need to amend after all pleadings are completed (the case is “at issue”) and new information requires a change in the nature of the claims or defenses previously pleaded. (See Dye v. Caterpillar, Inc. (2011) 195 Cal.App.4th 1366, 1380.) “The policy favoring amendment is so strong that...

Excerpt: ...e 3, 2019, Defendant filed an answer. On March 21, 2024, Defendant filed a motion for leave to file a cross-complaint. Plaintiff filed an opposition on April 3, and Defendant filed a reply on April 17. Legal Standard The Code of Civil Procedure distinguishes between compulsory and permissive cross - complaints. A compulsory cross -complaint, under Code of Civil Procedure section 426.30, is one that asserts (1) a “related cause of action”; (2)...

Excerpt: ...ital Stafflink Network RESPONDING PARTY: Unopposed Motion for Leave to File Second Amended Complaint The court considered the moving papers filed in connection with this motion. No opposition papers were filed. DISCUSSION Plaintiff US Hospital Personnel, Inc., d/b/a Hospital Stafflink Network (“Plaintiff”) moves the court for an order granting it leave to file a Second Amended Complaint (1) to add a claim for breach of contract based on a thi...

Excerpt: ...al Standard Code of Civil Procedure, section 387, subdivision (d)(1) provides that the court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if “a provision of law confers an unconditional right to intervene,” or “[t]he person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the a...

Excerpt: ...ervice set for that day; as such, the court continued the CMC and set an Order to Show Cause Re: Why t he Matter Should Not be Dismissed for Failure to Prosecute for January 31, 2024. On January 31, 2024, the court ordered Plaintiff's complaint dismissed, without prejudice, after Plaintiff's counsel failed to appear at the hearing. Legal Standard “When an application for an order has been made to a judge, or to a court, and refused in whole or ...

Excerpt: ...mount of $703,484.00. Plaintiff alleges that Defendants failed to make payments from November 24, 2021, to June 2, 2022. Plaintiff attached the invoices to its Complaint. Defendants move to strike Plaintiff's complaint and for monetary sanctions of $2,668.91 under Code of Civil Procedure sections 128.5 and 128.7. Legal Standards Sanctions under Code of Civil Procedure section 128.5 A court may order a party to pay the reasonable expenses, includi...

Excerpt: ...er for airport employees. During the course of employment, Plaintiff alleges defendant Timothy Boykin began a course of sexually inappropriate comments and touching. On June 5, 2021, Boykin visited her home, where he non- consensually engaged in sexual intercourse with Plaintiff while Plaintiff was intoxicated and incapacitated in her home after normal work hours. Plaintiff complained about the conduct of Boykin, which led, at least in part to hi...

Excerpt: .... The lawsuit stems from an underlying judgment wherein Vlaze was found liable to AMAG for unpaid loans. Marc Cubas was Vlaze's CEO, and he allegedly made several fraudulent transfers of real and personal property to other Defendants to avoid debt collection. By this action, AMAG seeks to unwind these t ransfers and to apply these assets to the unpaid balance of the money judgment. The operative complaint is the First Amended Complaint (“FAC”...

Excerpt: .... Jose Santoyo Arenas was killed in the explosion. Pedro Chavarin was seriously injured. Plaintiffs allege Arenas's death was the result of multiple factors, including products liability and negligent training. On May 11, 2021, Plaintiffs filed a complaint against Defendants Taylor Machine Works, Inc., Titan International Inc., OTR Wheel Engineering, Inc., Bridgestone America, Inc., Pacific Maritime Association, CMA/CGM, EQT Infrastructure III, P...

Excerpt: ... This is a premises liability action. Before the court is a motion for trial preference under Code of Civil Procedure section 36. Plaintiff Haykgohi Zargarian moves for an order granting a trial preference and setting the case for trial within 120 days of the hearing. Plaintiff argues that she is entitled to a trial preference under Code of Civil Procedure section 36, subdivision (a), because (1) she is over the age of 70; (2) she has a substanti...

Excerpt: ...s in these related cases filed a joint motion to augment the Phase 1 record with extra -record evidence to support their preemption challenges to the County's Oil Well Ordinance.1 They argue that these claims present Constitutional challenges that are not confined to the legislative record, citing Western States Petroleum Ass'n. v. Superior Court (1995) 9 Cal.4th 559.2 As contrasted to a CEQA claim (Phase 2 of these cases), where there is deferen...

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

Excerpt: ... information in discovery that is later subject to a claim of privilege or of protection as attorney work product “may seek a determi nation of the claim from the court by making a motion within 30 days of receiving the claim and presenting the information to the court conditionally under seal.” Defendant/Cross-Complainant Said Hakim (“Said”) moves the Court for an order determining that a 2016 email exchange between Cross-Defendant Micha...

Excerpt: ...November 9, 2023, Plaintiff Anibal Eleno Ramirez Estrada (Plaintiff) filed a complaint against his former employer, Defendant T&R Painting and Drywall (Defendant). The Complaint seeks relief on fifteen causes of action including discrimination, retaliation and wrongful termination. On March 5, 2023, Defendant filed a motion to compel arbitration pursuant to the parties' arbitration agreement. In opposition, Plaintiff argues Defendant failed to ca...

Excerpt: ...urt sets a status conference regarding commencement of arbitration for October 24, 2024 at 8:30 a.m. Motion To Compel Arbitration Plaintiff 's Evidentiary Objections Declaration of Amy Benbarka No. 1: OVERRULED. Suf�icient foundation; not hearsay; goes to weight . No. 2: OVERRULED. Suf�icient foundation; not hearsay; goes to weight . No. 3: OVERRULED. Suf�icient foundation/authentication.; not hearsay —business records exception. (Evid. C...

Excerpt: ...ant Hollywood Production Center Responding Party: Plaintiff Marciano Rafael Valdez Motion to Compel Arbitration and Request for Stay of the Action. The Court considered the moving papers, opposition, and reply. The motion is GRANTED. The matter is STAYED pending a final resolution of Plaintiff's claims in the arbitration proceedings as provided by the parties' agreement. Moving party is ordered to give notice. Background On November 27, 2023, Pla...

Excerpt: ...efendants") for damages arising from an automobile accident Defendants now move to compel non-party SoCal Imaging to produce its custodian of records for deposition, and to produce documents pursuant to a deposition subpoena served. Defendants further request monetary sanctions against SoCal Imaging. Any opposition was due on or before April 11, 2024; the motion is unopposed. 11. MOTION TO COMPEL DEPOSITION (NON-PARTY) 1. Procedural Per CRC 3.134...

Excerpt: ... not being relevant. Introduction Plaintiff Bryant Marin (Plaintiff) moved for attorneys' fees, costs, and expenses against Defendant FCA US LLC (Defendant). (Civ. Code, sec. 1794(d).) Plaintiff requested fees in the total amount of $119,463.75; costs in the amount of $11,514.72, and expenses in the total amount of $525.00. The $119,463.75 in attorneys' fees includes: (1) a 1.5 multiplier of $74,642.50, making fees add up to $111,963.75; and (2) ...