Excerpt: ...ejudice the cause of action for unlawful withholding of wages from the Complaint. On June 17, 2022, Sikiyan filed her First Amended Complaint. On September 22, 2022, Sikiyan filed her Second Amended Complaint (SAC). On December 13, 2022, Haskell & Davis, CPA, David Haskell, Gregory Davis, and Shannon Deck, filed their Answer to the SAC. On June 9, 2023, Haskell & Davis, CPA filed its Verified Cross -Complaint against Sikiyan. On September 15, 202...

Excerpt: ...�We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its p arts in their context.” ( Id . at p. 318; see also Hahn. v. Mirda (2007) 147 Cal.App.4th 740, 747 [“A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only wh...

Excerpt: ...g-Beverly Act. On March 6, 2024, Plaintiffs filed the instant motion for leave to file a first amended complaint. Defendant filed its opposition on March 20, 2024. Plaintiffs filed their reply on March 26, 2024. LEGAL STANDARD The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading. (Code Civ. Proc, §§ 473, subd. (a), 576.) Courts must apply a policy of liberality in permitting amendment...

Excerpt: ...ntral Basin Municipal Water District (the “District”) and Alex Rojas (“Rojas”) (collectively, “Defendants”) The Court has considered the papers filed by the parties. BACKGROUND On June 16, 2022, Plaintiff filed the operative Complaint against Defendants, Robert Baker and DOES 1 through 25, inclusive, for: (1) Damages in Violation of the Bane Civil Rights Act – California Civil Code Section 52.1; and (2) Injunctive Relief. On August ...

Excerpt: ...r. The first amended complaint contains five causes of action: (1) Breach of Contract, (2 ) Restitution, (3) Promissory Estoppel, (4) Breach of the Implied Covenant, and (5) Fraud-Deceit. Before the Court are Defendant Torres' challenges to the First Amended Complaint. Defendant demurs to the second through fifth causes of action on the grounds that these causes of action fail to state sufficient facts. This demurrer was filed December 20, 2023. ...

Excerpt: ....) Defendants Sonoma Biologics, Inc. and Paul Caracciolo to give notice. REASONING “[A] demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters ou tside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App....

Excerpt: ...r via proper 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 clai...

Excerpt: ...the “Complaint”) against defendants Gina Belsito (“Gina”), Joe Belsito (“Joe”), and Gladys Geraldino (“Gladys” and, together with Gina and Joe, “Defendants” and Defendants, together with Plaintiff, “Parties”) alleging a cause of action for fraud. We refer to parties by first name for clarity, not out of familiarity or disrespect. (See In re Marriage of Schaffer (1999) 69 Cal.App.4th 801, 803, fn. 2.) Gina is Plaintiff's si...

Excerpt: ...LC, Jason Krieck, David Klein, and David A. Klein P.C. on causes of action arising from a fee dispute. Rothbard and Altman are both sole proprietorships, and they are litigating this matter in propria persona . On September 19, 2023, Rothbard and Altman filed their Verified First Amended Complaint (FAC). On December 26, 2023, Intermarketing Media, LLC, Jason Krieck, David Klein, and David A. Klein P.C. filed their Verified Answer. On January 5, 2...

Excerpt: ...of Civil Code section 52.1 cause of action on the grounds that it does not state suf ficient facts to constitute a cause of action and it is uncertain. Meet and Confer The parties satisfied the meet -and -confer requirements. (Decl. Lascola, ¶¶ 4 to 5; Code. Civ. Proc., § 430.41.) Violation of Civil Code section 52.1 To state a cause of action under section 52.1 there must first be violence or intimidation by threat of violence. ( Cabesuela v....

Excerpt: ...ing causes of action for: 1. Failure to Provide Rest Periods 2. Failure to Provide Meal Periods 3. Failure to Furnish Timely and Accurate Itemized Wage Statements 4. Failure to Pay Minimum Wages 5. Failure to Pay Overtime Wages 6. Retaliation in Violation of California Labor Code § 98.6 7. Retaliation in Violation of California Labor Code § 1102.5 8. Wrongful Termination in Violation of Public Policy 9. Failure to Pay Compensation Due Upon Sepa...

Excerpt: ...� 3rd Cause of Action for Violation of California's Consumers Legal Remedies Act (CLRA) Motion to Strike · Any reference to Merecedes -Benz USA, LLC as having a DBA RULING : Demurrer sustained in its entirety; motion to strike granted SUMMARY OF ACTION On February 25, 2019, Plaintiff Edgar Ramirez (Plaintiff) purchased a used 2016 Mercedes C300W from Keyes European in Van Nuys. Plaintiff purchased the vehicle through a Retail Installment Sales C...

Excerpt: ...es of action. Defendant Sober Souls, Inc., Audy Harman, and Jonathan Chang's Motion to Strike is DENIED as to punitive and exemplary damages under the sixth and seventh causes of action, and treble damages under Code of Civil Procedure, sec. 1029.8(a) and MOOT as to sta tutory damages and attorneys' fees under the fourth and fifth causes of action. Defendant Sober Souls, Inc., Audy Harman, and Jonathan Chang's Request for Judicial Notice is GRANT...

Excerpt: ...n August 3, 2023, Plaintiff Robert Galindo (“Plaintiff” or “Galindo”), filed a Complaint against Defendants, APL Logistics Warehouse Management Services, Inc. (“APL”), Dan Bourcier (“Bo urcier”), and Cleo Chacon (“Chacon”). On September 26, 2023, Plaintiff filed the operative First Amended Complaint (FAC), alleging causes of action for: 1. Lab. Code § 1102.5 Retaliation 2. Lab. Code § 6310 Retaliation 3. FEHA Discrimination:...

Excerpt: ...y to use such skill, prudence, and diligence as other members of the profession commonly possess and exercise; (2) a breach of the duty; (3) a proximate causal connection between the negligent conduct and the injury; and (4) resulting loss or damage.” (Johnson v. Superior Court (2006) 143 Cal.App.4th 297, 305.) Plaintiff filed the first amended complaint on Judicial Council of California form PLD-PI -001. Paragraph 10 of the form states, “The...

Excerpt: ...C, for (1) breach of written contract, (2) breach of oral contract, (3) account stated, and (4) quantum meruit. As alleged, Plaintiff's business includes importing, freight forwarding and logistical services. Pursuant to a written and oral contract, Plaintiff provided such services to Defendant. The bill amounted to $80,290.70. Defendant did not pay the bill. On January 26, 2024, the court granted Plaintiff's Motion for Judgment on the Pleadings....

Excerpt: ... Arya, now demurs to the TAC on the grounds that it fails to state facts sufficient to support any cause of action and is uncertain. Decision The demurrer to the first and second causes of action is OVERRULED, as it is unsupported in the memorandum. California Rules of Court Rule 3.1113(a). The demurrer to the third cause of action is SUSTAINED, with 10 days leave to amend . Third Cause of Action: Fraud The elements of a cause of action for fraud...

Excerpt: ...gs. Plaintiff filed an opposition on March 18, 2024. Defendant filed a reply on March 26, 2024. Legal Standard A defendant may move for judgment on the pleadings when the “complaint does not state facts sufficient to constitute a cause of action against that defendant.” (Code Civ. Proc., §438, subds. (b)(1) & (c)(1)(B)(ii).) “A motion for judgment on the pleadings may be made at any time either prior to the trial or at the trial itself.”...

Excerpt: ...ff Christian Cruz; (4) S18,750 (75% of $25,000 PAGA penalty) to the LWDA; and (5) $4,899 for settlement administration costs to Apex Class Action, LLC. Within two weeks, Plaintiffs counsel shall file a proposed Order and Judgment consistent with this ruling containing all requisite terms, including the class defimtion, release language, and a statement that no class members requested exclusion. The Court orders class counsel to file a final repor...

Excerpt: ...Plaintiff alleges the vehicle was delivered to Plaintiff with serious defects and nonconformities and developed other serious defects and nonconformities. Plaintiff delivered the vehicle to Defendant for repair on the nonconformities. Plaintiff alleges Defendant wrongfully denied warranty coverage for certain nonconformities and was unable to conform the vehicle to the applicable express warranties after a reasonable number of attempts. Despite b...

Excerpt: ... motion is GRANTED. Moving party is to give 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 considered the moving papers. No opposition has been filed. BACKGROUND On December 12, 2023, Plaintiff Keep America Safe and Beautiful sued Defendant Kabushiki Kaisha Muso Shoji for...

Excerpt: ...are and were employed by Defendant The Boeing Company (“Defendant”) and that Defendant violated the Labor Code, Industria l Welfare Commission wage orders, and the Business and Professions Code. On April 3, 2019, Plaintiff filed the instant class action complaint and representative action under the Private Attorneys General Act (“PAGA”). On January 31, 2022, Plaintiff filed the operative second amended complaint (“SAC”). In the SAC, P...

Excerpt: ...ount of $19,650 against Defendants Reed Capital Group, LLC and Gary Reed Enterprises, Inc. (“Defendants”) on the ground that Plaintiff prevailed in this action after the Court granted Plaintiff's motion for summary adjudication on January 19, 2024 as to the first and second causes of action. Defendants have not filed an opposition to the present motion. It is axiomatic that a party is permitted to recover reasonable attorney fees, when author...

Excerpt: ...e Motions to Strike are denied. 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 July 14, 2023, Plaintiff Mahendra Kumar Patel filed the operative Complaint against Defendants Jayesh Kumar, Madhuben Kumar, Govind Patel, Shyamal Patel, Taz Hospitality, LLC, and Hollywood Corner, Inc. for (1) fraud, (2) conspiracy...

Excerpt: ...ing By Her Guardian Ad Litem, Rosa L. Munguia Rodriguez); and Sonic Martinez (Suing By Her Guardian Ad Litem, Rosa L. Munguia Rodriguez) NOTICE: ok Demurrer is to the entire First Amended Complaint: 1. Violation of Civil Code 1942.4 2. Tortious Breach of the Warranty of Habitability 3. Private Nuisance 4. Business & Professions Code 17200, et seq. 5. Negligence RELIEF REQUESTED IN MOTION TO STRIKE: An order striking various portions in the compla...

Excerpt: ...Defendant”) demurs to Plaintiff Adan Gomez -Rivera's (“Gomez- Rivera”) (“Plaintiff”) first amended complaint (“FAC”). (Notice of Demurrer Caesarstone USA, pgs. 1-2; C.C.P. §§430.10(e), (f).) Caesarstone also moves to strike portions of the FAC. (Notice of MTS Caesarstone USA, pgs. 2 -6; C.C.P. §436.) Background Plaintiff filed his initial Complaint on January 25, 2023. On March 2, 2023, Plaintiff filed his FAC. On November 15, 20...

Excerpt: ... the grounds that it fails to state facts sufficient to support the cause of action. Decision Plaintiff's Request for Judicial Notice is DENIED. Exhibits A -B do not appear to be relevant to the dispute at hand. Exhibit C is a trial court ruling from a different department. Trial court rulings in other cases are not relevant to the facts of this case and cannot be cited as precedent. See Budrow v. Dave & Buster's of California, Inc. (2009) 171 Ca...

Excerpt: ... PAMC. Plaintiff alleges LBCM, PAMC, and its principal, McCandless, breached various duties arising under the management agreement. 2. Cross -Complaint On 11/06/23, LBCM filed a cross -complaint against McCandless, PAMC, and Principle Association Management, Inc. Plaintiff's cross- complaint includes claims for express indemnification (against PAMC), equitable indemnification (against all cross -defendants), equitable indemnification (against all...

Excerpt: ...XXON MOBIL CORPORATION, f/k/a MOBIL OIL REFINING CORPORATION a Delaware corporation; GOODYEAR TIRE & RUBBER COMPANY, an Ohio corporation, previously sued as Doe No. 15; KA NEKA NORTH AMERICA LLC, a Texas limited liability company, previously sued as Doe No. 7; KERN OIL & REFINING COMPANY, a California corporation; KINDER MORGAN LIQUIDS TERMINALS, LLC, a Delaware limited liability company, previously sued as Doe No. 2; LUBRIZ OL CORPORATION, an Oh...

Excerpt: ... and reply, and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Englander filed the Petition on May 10, 2022 alleging a cause of action for mandamus for violation of the CPRA in pertinent part as follows. The District was created in March 1970 with all five elected board (“Board”) members consisting of members of the Ralphs family. To date, the Ralphs family controls the District. On November 5, 2021,...

Excerpt: ...May 11, 2021, Plaintiffs Michael Horner and Thomas Horner, as Co-Trustees of the Horner Family Trust (Plaintiffs) filed this suit against Defendants Strong Wealth Management LLC; George G. Strong III (Defendants); and DOES 1 -10, inclusive, alleging (1) fraud; (2) breach of fiduciary duty; (3) negligence; (4) breach of contract; and (5) financial elder abuse. Plaintiffs move for an award of reasonable attorneys' fees against Defendants in the sum...

Excerpt: ...ntiffs Raymundo Flores Silva aka Raymundo A. Silva (“Silva”) and Mercedes Casillas Pina (“Pina”) (collectively, “Plaintiffs”) move for an order awarding their attorneys' fees, costs, and expenses pursuant to a settlement with Defendant American Honda Motor Co., Inc. (“AHM”) (“Defendant”) in the total amount of $41,750.77, comprised of $25,431.50 in attorneys fees, including a 0.5 lodestar enhancement in the amount of $12,715.7...

Excerpt: ... filed by Plaintiff Kevin Laughlin (“Plaintiff”). The Court SUSTAINS the demurrer to Plaintiff's first and second causes of action WITHOUT LEAVE TO AMEND. The Court SUSTAINS the demurrer to Plaintiff's third cause of action WITH LEAVE TO AMEND. Moreover, the Court grants Plaintiff's request for leave to amend to add to the complaint claims for negligent misrepresentation, constructive fraud and/or abuse of process, presumably to correct the d...

Excerpt: ...re was a failure in such utility or performance. Plaintiff presents that throughout the United States, Defendant manufactured hundreds of thousands of vehicles with defective transmissions, including all 2014 -2019 Honda Pilot Vehicles. Plaintiff further presents that, at the time of the sale of the Subject Vehicle, (1) Defendant was aware or should hav e been aware of the transmission defect in the Subject Vehicle before it sold the Subject Vehi...

Excerpt: ...erally and in context. In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper 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 plai...

Excerpt: ...tt Jones while they were students at Bell High School between 1987 and 2001. On or about November 8, 2022, Plaintiffs filed their First Amended Complaint, asserting two causes of action against Los Angeles Unified School District (“LAUSD”) for negligence and negligent supervision/retention, and two causes of action against Mr. Jones for sexu al battery and sexual harassment. On or about August 23, 2023, Mr. Jones filed a First Amended Cross-C...

Excerpt: ..., courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper 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...

Excerpt: ...th 1216, 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994).) A demurrer tests the pleadings alone and not ...

Excerpt: ...ary 24, 2024 Petition Petitioner Maria Chao erroneously filed a Notice of Appeal —Administrative Hearing for Parking on March, 7, 2023. The operative pleading is the Petition, [1] filed on January 24, 2024, and naming the Department of Developmental Services (“DDS”) as the Defendant and Regional Center as Real Party -in- Interest. The Petition alleges erroneous application of the Lanterman Developmental Disabilities Services Act in determin...

Excerpt: ...nd with required particularity. Plaintiff argues that the claim for dangerous condition of public property is adequately alleged. Alternatively, Plaintiff asks for leave to amend. In reply, City argues that the complaint alleges conclusions of law and fact, which are improper. III. LEGAL STANDARDS A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4t...

Excerpt: ... tenant; both parties went through negotiations with the Los Angeles County Housing Authorit y [1] to have Chadwell's rent subsidized, and Chadwell moved in on August 15, 2023. Plaintiff contends that upon Chadwell's move in, Chadwell would (1) yell, threaten, and intimidate other tenants for no apparent reason; (2) throw trash and bottles on the open common areas, endangering those around him; (3) bring homeless people onto the premises who woul...

Excerpt: ..., Defendant filed their Reply. ANALYSIS: I. Legal Standard “The party against whom a complaint or cross -complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of” various grounds listed in statute. (Code Civ. Proc., § 430.10.) “When any ground for objection to a complaint, cross -complaint, or answer appears on the face thereof, or from any matter of which the court is ...

Excerpt: ...e Seventh Cause of Action is SUSTAINED. V. Defendant's Demurrer to the Eighth Cause of Action is OVERRULED. VI. Defendant's Demurrer to the Ninth Cause of Action is OVERRULED. Defendant to give notice. Background Defendants, International Forklift Company and Brian Challoner Demurrer on the punitive damage allegations in the First Amended Complaint (FAC) on the grounds that the FAC does not state facts sufficient to constitute a cause of action a...

Excerpt: ...endants Luis Roberto Ruano II ("Luis”) and Julie Goldberg ("Goldberg”). On August 10, 2021, Laura filed her original complaint, alleging: (1) breach of fiduciary duties as to Goldberg; (2) intentional interference with marital relations as to both Defendants; and (3) intentional infliction of emotional distress (“IIED”) as to both Defendants. On April 19, 2022, Goldberg filed her cross-complaint against Laura, alleging the followi...

Excerpt: ...services to Chinese American businesses and individuals. Its managing partner, Eric Zhang, is a certified public accountant and has served as president of the Sino-Ameri can Certified Public Accountants Association (SACPAA) since January 2021. Upon Zhang's election as president of the SACPAA, EZ&A alleges a group of unknown individuals including John Doe and Does 2 -25 began targeting EZ&A with allegedly false and defamator y reviews on Google.co...

Excerpt: ...ny terms as may be proper, allow a party¿to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; 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, u pon any terms as may be just, an amendment to any pleading or proceeding in other...

Excerpt: ...ously sued as Palmdale Regional Medical Center (“PRMC”)'s Emergency Department by ambulance for chest main and shortness of breath; (2) Decedent was admitted shortly after midnight on January 03, 2022, with Defendant Sonia P. Sethi, M.D. (“Dr. Sethi”) as his attending physician; (3) while in the patient room Decedent was connected to an intravenous line, heated high-flow oxygen, and some vital sign monitoring cables; (4) at around 6: 00 p...

Excerpt: ...ING The motion for judgment on the pleadings is GRANTED WITH 20 DAYS LEAVE TO AMEND. BACKGROUND On July 14, 2021, plaintiffs Latasha Beard, Cheyanne Smith, and Marissa Smith filed a complaint against (1) Breitburn Operating LC, (2) Maverick Natural Resources, (3) Breitburn Energy LP, and (4) Marmac Resources Company for (1) negligence, (2) intentional infliction of emotional distress, (3) civil nuisance, and (4) trespass to land based on harm cau...

Excerpt: ...nting leave to serve the Summons and Cross -Complaint upon Hey Jackpot LLC by serving the California Secretary of State. TENTATIVE RULING: 1. Motion for an Order Granting leave to serve the Summons and Cross -Complaint upon Hey Jackpot LLC by serving the California Secretary of State is DENIED without prejudice or continued. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On November 1, 2021, Plaintiff Jackie Subeck (Plaintiff) filed a Complaint ...

Excerpt: ...zon, allegedly offered to reduce Plaintiff's monthly charges on five of his phone lines; however, Defendant Cortez made u nauthorized changes to Plaintiff's account with Verizon which caused him to be overcharged $15,436.30 by opening over 60 ‘ghost lines' in Plaintiff's name. On March 13, 2023, Plaintiff filed a complaint against Defendants for breach of contract, money had and received, and fraud. [TENTATIVE] RULING I. Plaintiff's Motion to C...

Excerpt: ... The Complaint named (i) Golden Day Schools, Inc. (Golden Day) and (ii) Clark Parker. It is the operative complaint in that civil action. (Heyn Decl . ¶ 3.) On April 10, 2019, the Department filed a second complaint in this Court initiating Case No. 19STCV12595. On November 5, 2019, the Department filed the operative First Amended Complaint in Case No. 19STCV12595. (Heyn Decl. ¶ 4; Ex. 2.) Like the initial com plaint in that case, the First Ame...

Excerpt: ...pers, opposition, and reply, and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Aguirre filed the verified Petition on September 19, 2022, alleging a cause of action for traditional mandamus and a cause of action for declaratory and injunctive relief. The Petition alleges in pertinent part as follows. The University of California's Board of Regents (“Regents”) governs UCLA. On June 30, 2022, without ...

Excerpt: ...UESTED: An order from this Court striking the language regarding punitive damages in the Complaint. TENTATIVE RULING: The motion is GRANTED with LEAVE TO AMEND. BACKGROUND This action arises from a vehicle collision allegedly caused by Defendants. On July 10, 2023, Plaintiff Barbara Deeann Costanzo (“Plaintiff”) filed her Complaint against Defendants Emmanuel Gonzalez and Guillermo Luis Rodriguez (collectively, “Defendants”), and Does 1 -...

Excerpt: ...7, and 39; and Paragraph 6 of the prayer] RULING : Motion to strike is granted. SUMMARY OF ACTION Plaintiff Nathan Andualem, a minor by and through his Guardian Ad Litem, (Plaintiff) filed this case on January 10, 2024. Plaintiff has alleged that he suffered injuries while in the care of Defendants. Plaintiff alleges that Defendant Guevara, an employee of Defendant Tutor Time, pulled Plaintiff's arm and injured him while at the premises. Plaintif...

Excerpt: ...S 1 through 10, inclusive. Case No.: 21STCV17667 Hearing Date: April 2, 2024 Defendant Adam Jeffrey Hall's Motion to Expunge Lis Pendens is GRANTED. On January 29, 2020, Plaintiff Sang Rim Son, as Trustee of the Sang Rim Son Living Trust UA dated 9/20/18 (Plaintiff) filed this suit against Defendants Adam Jeffrey Hall; Broker Solutions, Inc. dba New American Funding; Pacific Title Company; Mortgage Electronic Registration Systems, Inc., acting so...

Excerpt: ... moving papers, opposition, and reply. Defendant Robert O'Neill's Motion to Continue Trial is DENIED. Background This case stems from allegations for breach of contract and money owed. On February 1, 2019 CR&R Incorporated (Plaintiff) entered into an Asset Purchase Agreement whereby the assets of a separate company – United Pacific Waste – were acquired. (Complaint, ¶ 7.) Included in these assets was a contract where United Pacific Waste pro...

Excerpt: ...Angel Gonzalez, Mission Fleet Services, LLC, and Robert Joshua Rodrigo for declaratory relief. American Family alleges the Gonzalez family removed the subject vehicle from their insurance policy prior to the collision, then attempted to add the vehicle back to the policy retroactively a few days after the collision, fraudulently declaring that the vehicle had sustained no damage during the period of time when it was not insured. American Family s...

Excerpt: ...“CCP”) section 2032.220(a) provides: In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1)¿The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2)¿The examination is conducted at a location within 75 miles of the residence of the examinee. CC...

Excerpt: ...rt GRANTS the Motion to Quash Summons and Second Amended Complaint. DEFENDANTS 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, opposition, reply, and supplemental reply. BACKGROUND Plaintiff Mamie Mitchell's lawsuit concerns the tragic shooti...

Excerpt: ...t Thomas Edward Waljeski RESPONDING PARTIES: Plaintiffs Richard Galvan and Paige Galvan The Court has considered the moving and opposition papers. No reply has been received. BACKGROUND This tort action arises from Plaintiffs Richard Galvan and Paige Galvan's lease for the subject property located at 26168 Pacific Coast Highway, Malibu, CA 90265 owned by Defendant Thomas Edward Waljeski (“Defendant”), inclusive. Plaintiffs filed a Complaint a...

Excerpt: ...endant”) Responding Party: Plaintiffs Valery Vaca (“Plaintiff Vaca”) and Steffany Noriega (“Plaintiff Noriega”) T/R : DEFENDANT'S MOTION FOR SEPARATE TRIALS FOR EACH PLAINTIFF IS GRANTED. DEFENDANT 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 m...

Excerpt: ... Gerald Watson, Belal Tamimi, and Richard Louie, as they are not qualified expert witness, nor do they hold a sufficiently high enough position of authority within the City of Los Angeles in order to bind it as a party admission. In opposition to the motion, Plaintiff argues that the motion is too vague and overbroad, and misapplies the hearsay rule and its exceptions. As an initial matter, the Court agrees with Plaintiff that the issue of whethe...

Excerpt: ...u Dorgalli, and Sam Dorgalli, alleging causes of action for general and motor vehicle negligence, stemming from a vehicle collision that occurred on March 12, 2019. On July 16, 2021, Defendants/Cross-Complainants Mary Lou and Sam Dorgalli filed a cross -complaint against Cross -Defendant Los Angeles County Metropolitan Transportation Authority (“LACMTA”). On September 23, 2021, LACMTA filed a cross- complaint against Defendants/Cross- Defenda...

Excerpt: ...stead, on December 8, 2021, when Plaintiff requested a retu rn of the funds, and Defendant agreed, on December 9, 2021, Defendant transferred all funds to an unspecified relative. Defendant subsequently paid $25,000 back to Plaintiff, but $79,000 remains outstanding. On February 8, 2022, Plaintiff filed a complaint for conversion, common count, constructive trust, and violation of Penal Code section 496. Defendant, in pro per, answered the compla...

Excerpt: ...vidence · The following objections are OVERRULED: 2, · The following objections are SUSTAINED: 1, 3, 4, 5, 6, 7 Legal Standard Code of Civil Procedure section 2033.300 states that: (b) A party may withdraw or amend an admission made in response to a request for admission only on leave of court granted after notice to all parties. (b) The court may permit withdrawal or amendment of an admission only if it determines that the admission was the re...

Excerpt: ...ehalf of the plaintiff in Case Number BC661807, who is Mr. Anthony Miramontes. Plaintiff alleges that Mr. Yates did not pay him a share of the fees for one of the settlements, the “Lime Grove settlement.” Yates argues that this settlement was not covered by the parties' referral agreement. Plaintiff alleges as follows in the operative complaint: Edward Steinbrecher (“Steinbrecher”) was an attorney who maintained a practice, Edward Steinbr...

Excerpt: ... Service of Summons on Specially- Appearing Defendant Cosentino Group, S.A. TENTATIVE RULING: 1. Motion for Reconsideration is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On September 23, 2021, Plaintiffs Victor Gonzalez and Ana Gonzalez (Plaintiffs) filed a Complaint with six causes of action for: (1) Negligence, (2) Strict Liability – Warning Defect, (3) Strict Liability – Design Defect, (4) Fraudulent Concealment, (5) Br each o...

Excerpt: ...ant against American Honda Motor Company, Inc., alleging various defects during the warranty period and negligent repair claim against Galpin Motos, Inc. Evidentiary Objections and Request for Judicial Notice Plaintiff's Evidentiary Objections The Objection to the Declaration of Andres F. Michel in its entirety is OVERRULED. Request for Judicial Notice The Three Requests for Judicial Notice are GRANTED. Legal Standard Under California law, the tr...

Excerpt: ...ly, “Defendants”). The Court DENIES the motion for reconsideration. Background Plaintiff Edmond Durham (“Durham”) filed this action on May 16, 2022 against Defendants, alleging breach of contract related to a property that Plaintiff rented from Defendants. The parties entered a settlement of the matter outside of the presence of the court. (Swartz Decl. ¶¶ 3 -6; Exh. A.) The settlement agreement provides that Plaintiff would vacate the ...

Excerpt: ...defendants Superior Plastering of California, Does 1 to 5 individually and d/b/a Superior Plastering of California, and Does 6 to 100 for damages arising an unsafe work environment in which Plaintiff fell from a scaffolding. Stanley Caron dba Superior Plastering of California, erroneously sued as Superior Plastering of California, filed a First Amended Cross -complaint against S&D Drywall, S&H construction Builder Corporation, and Roes 1 to 50. S...

Excerpt: ... The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive; (2) The examination is conducted at a location within 75 miles of the residence of the examinee.” (Code Civ. Proc., § 2032.220.) Pursuant to CCP § 2032.220(b), this demand may be made “without leave of c ourt.” The physical examination should be scheduled for a date at least 30 days after service of the demand. (Code Civ. Proc., �...

Excerpt: ...ppears reasonably calculated to lead to the discovery of admissible evidence.” (CCP § 2017.010; see Davies v. Superior Court (1984) 36 Cal.3d 291, 301.) “For discovery purposes, information is relevant if it ‘might reasonably assist a party in evaluating the case, preparing for trial, or facilitating settlement.' [Citation] Admissibility is not the test and information, unless privileged, is discoverable if it might reasonably lead to admi...

Excerpt: ...n Filed: 07/20/21 2nd Amended Complaint Filed: 10/26/22 Trial Date: 05/20/24 Hearing date: March 29, 2024 Moving Party: Defendant Philip Michels Responding Party: Plaintiffs Stanley Orwasher and Estate of Phyllis Orwasher Motion to Compel Further Responses to Special Interrogatories (Set One) The Court considered the moving papers, opposition, and reply. The motion is GRANTED, further responses in 20 days. The request for sanctions is also GRANTE...

Excerpt: ...0 p.m., she and her roommate were returning from a restaurant, the Black Market Liquor Bar, to a parking lot on the Northeast corner of Carpenter Avenue and Ventura Boulevard, adjacent to and apparently controlled by the Sushi Stop restaurant at 11837 Ventura Boulevard. Plaintiff alleges that she had been frustrated because she arrived too late to be served at the Black Market Liquor Bar and kicked one of th e traffic cones on Carpenter Avenue th...

Excerpt: ...ABAH'S MOTION TO COMPEL FURTHER DEPOSITION TESTIMONY IS GRANTED. AL -SABAH'S REQUEST FOR SANCTIONS IS GRANTED IN THE REDUCED TOTAL AMOUNT OF $3,185.00, PAYABLE WITHIN 30 DAYS. AL -SABAH 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 and the op...

Excerpt: ...IEF REQUESTED BY MOVING PARTY: Order striking objections and compelling the deposition of Ford Motor Company's Person Most Knowledgeable and production of documents. DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes, Exs. 13, 14 MONETARY SANCTION: None sought. FACTUAL BACKGROUND: Plaintiff Khristopher Kobaian alleges that in March of 2018, plaintiff entered into a warranty contract with defendant Ford Mot...

Excerpt: ...of this ruling. Petitioner United Financial Casualty Company's request for sanctions against Respondent Jose Alfredo Bermero is granted in the reduced amount of $240.00, payable within 15 days. Petitioner United Financial Casualty Company's unopposed motion to compel the deposition of Respondent Andres Gonzalez is granted. Respondent Andres Gonzalez is ordered to appear for deposition and produce documents within 15 days of this ruling. Petitione...

Excerpt: ... alleged substandard conditions at the commercial property Plaintiffs leased from Defendant. Defendant has filed a motion to compel Plaintiffs' deposition attendance and document production, and requests monetary sanctions, contending that Defendant met and conferred with Plaintiffs about deposition dates, but Plaintiffs failed to attend. Plaintif fs oppose the motion and request monetary sanctions, arguing that informal discovery efforts and mee...

Excerpt: ... of the Song Beverly Consumer Warranty Act against Defendant General Motors, LLC (“GM” or “Defendant”). Plaintiff alleges that on April 18, 2021, he purchased a 2021 Chevrolet Bolt. GM is alleged to be the manufacturer and to have offered an express warranty to Plaintiff pursuant the Act. Plaintiff alleges the vehicle suffered from nonconformities to the warranty including, but not limited t o “the seat belt pretensioner, fire risk, ele...

Excerpt: ... party Robert Ter -Oganesyan (Compel Compliance Deposition Subpoenas) RELIEF REQUESTED: Responses to Specially Prepared Interrogatories, Set No. One from plaintiff Order Compelling Compliance with Subpoena for Attendance and Testimony by Robert Ter -Oganesyan FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Vehanoosh Grigorian brings this legal malpractice action against her former attorneys, defendants Alex Megeredchian and his law practice entities...

Excerpt: ...OUND A. Allegations Plaintiff minor Emerson Mikasa (“Plaintiff”) alleges that he sustained physical, emotional, and psychological injuries on August 18, 2022 [1] when he was brutally attacked, assaulted, and bullied by another student H.A.D1 (“Assailant”) at Dixie Canyon Community Charter, an elementary school under the control, operation, management, and supervision of Defendant Los Angeles Unified School Distric t (“LAUSD”). Plainti...

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 she was subjected to sex and disability harassment and discrimination, forcing Plaintiff to take a medical leave, and was further harassed upon her return. Defendant Rogelio Navarete filed a Cross- C...

Excerpt: ...ces, Inc. (DWWS), Rona Kay (Kay), and Does 1 through 10, all eging violations of FEHA, wrongful discharge, defamation, and intentional infliction of emotional distress. The operative First Amended Complaint, filed January 29, 2020, adds Defendants Diana Eid (Eid) and Janae Bueno (Bueno) and asserts additional FEHA claims. Eid and Bueno were subsequently dismissed on summary adjudication, along with certain FEHA claims. Plaintiffs worked for Disne...

Excerpt: ...pposed motion to transfer the case to the Los Angeles County Superior Court. On July 20, 2023, Defendant filed an answer. On November 2, 2023, Defendant filed motions to compel Plaintiff's responses to (1) request for production of documents, set one, (2) special interrogatories, set one, and (3) form interrogatories, set one. Defendant also requested sanctions. The motions were set for hearing on February 26, 2024. The Court continued the hearin...

Excerpt: ...le Funston, Andrea Graber, Theresa Heldt -Valverde, Tracy Henry, Tricia Henry, Michael Kimmel, and Marlene Wieden (“Plaintiffs”) allege that they were employees of Defendant Burbank Unif ied School District (“Defendant” or “BUSD”) at all times relevant for this action. Plaintiffs allege that they filed charges with the California Department of Fair Employment and Housing (“DFEH”) and were issued right-to -sue letters. The FAC alle...

Excerpt: ...Quik Tow LLC (“Quik Tow”) and Ignacio Gonzalez, for wage and hour violations. On July 19, 2023, Plaintiff served Quik Tow with Form Interrogatories —General, Set One, Special Interrogatories, Set Two, and Request for Admissions Set, Two. Quik Tow did not not serve responses. On September 28 and September 29, 2023, Plaintiff filed these motions to compel Quik Tow's responses to the Form Interrogatories —General, Set One, and Special Interr...

Excerpt: ...T'S MOTION TO DISMISS IS DENIED. DEFENDANT TO NOTICE. The Court considers the moving papers, opposition, and reply. BACKGROUND On July 5, 2023, Plaintiffs Gerald Whitt, Alexander Whitt, Matthew Whitt, Christopher Whitt, and Deborah Milam filed the operative first amended complaint (“FAC”) against three corporate defendants and eight individual defendants, asserting causes of action for intentional and negligent misrepresentation, breach of fi...

Excerpt: ...t 9659 East Poinciana Street, Pico Rivera, CA 90660 (Property). On February 17, 2021, Plaintiff Sara Marie Alamo filed a Complaint against Defendant Joe Miguel Alamo, Jr. for (1.) quiet title, (2.) declaratory relief, and (3.) cancellation of instrument. On May 11, 2023, Plaintiff filed a notice of settlement indicating that the parties had reached a settlement of this matter, including a stipulation that this Court retain jurisdiction under Code...

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 Defendant, Plaintiff's brother, has breached fiduciary duties owed by Defendant to Plaintiff as a partner of partnerships and as trustee of a trust of which Plaintiff is a beneficiary. Defendant has ...

Excerpt: ...ects argument in the Tentative Ruling, no argument will be permitted unless a “ party notifies 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 notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: After bein...

Excerpt: ...Court directs argument in the Tentative Ruling, no argument will be permitted unless a “ party notifies 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 notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: C...

Excerpt: ...ry provision, which applies permissively, and a mandatory provision, which applies as of right.” ( Minick v. City of Petaluma (2016) 3 Cal.App.5th 15, 25 (hereafter Minick ).) “Section 473 is a remedial statute to be “applied liberally” in favor of relief if the opposing party will not suffer prejudice. Because the law strongly favors trial and disposition on the merits, any doubts in applying section 473 must be resolved in favor of the ...

Excerpt: ...re the motion is to strike an entire paragraph, cause of action, count or defense. (California Rules of Court Rule 3.1322.) The grounds for a motion to strike shall appear on the face of the challenged pleading or form any matter of which the court is required to take judicial notice. (Code Civ. Proc., § 437(a)). The court then may strike out any irrelevant, false, or improper matter inserted in any pleading and strike out all or any part of any...

Excerpt: ... GRANTED in part. East West's costs are TAXED by $511.34. Costs are AWARDED in favor of East West and against Morillo in the total amount of $4,562.98. BACKGROUND: On May 13, 2022, Morillo Construction, Inc. (“Morillo”) filed its Complaint against Defendants Royal Construction & Architectural Corporation (“Royal”); Eva Neumann; Wells Fargo Bank, National Association (“Wells Fargo”); Western Surety Company (“Western S urety”); and ...

Excerpt: ...aintiff) sued Defendant Shohel Rana Chuwdry (Defendant) asserting a single cause of action for a breach of contract. Plaintiff alleges Defendant now owes $98,750. Thereafter, Plaintiff moved for entry of default judgment. Following multiple attempts, the Court entered default judgment on February 7, 2024. On February 16, 2024, Defendant Chuwdry moved to set aside the entry of default judgment pursuant to Code of Civil Procedure section 473, subdi...

Excerpt: ...cts argument in the Tentative Ruling, no argument will be permitted unless a “ party notifies 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 notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: Sean Santoy...

Excerpt: ...wired $600,000 to Plaintiff with the expectation that Plaintiff would repay the loan in monthly installments. When Plaintiff defaulted on the loan, Defendant initiated a JAMS arbitration proceeding for breach of contract, relying on an arbitration provision contained in the writing. Plaintiff then initiated this action before the Court for declaratory relief. The operative pleading is the First Amended Complaint (“FAC”), which prays for a dec...

Excerpt: ...s required. Unless the Court directs argument in the Tentative Ruling, no argument will be permitted unless a “ party notifies 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 notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260...

Excerpt: ... PROCEEDINGS: This is an action for breach of contract that was filed on December 14, 2023. Plaintiff alleges that Defendant, as the landlord of property leased by Plaintiff, refused to approve Plaintiff's request to install new playground equipment without adequate jus tification. Defendant specially moves to strike the Complaint in its entirety under Code of Civil Procedure section 425.16. TENTATIVE RULING: Defendant's Special Motion to Strike ...

Excerpt: ...ENIED because although tardy, Defendant did ultimately comply with the Court- ordered discovery. Monetary Sanctions are GRANTED in the lowered amount of $2,500, payable by counsel for defendant to counsel for Plainti ffs on or before April 19. ¿ I. BACKGROUND¿¿ ¿¿ A. Factual ¿¿ ¿ On April 3, 2023, Plaintiffs, Giuseppe Sanzone and Caroline Petersen (collectively, “Plaintiffs”) filed a Complaint against Defendant, FCA US LLC, and DOES 1...