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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...pril 25, 2024. The motion to compel deposition of Honda's PMQ is GRANTED. II. LEGAL STANDARD “If the deponent named is not a natural person, the deposition notice shall describe with reasonable particularity the matters on which examination is requested. In that event, the deponent shall designate and produce at the deposition those of its office rs, directors, managing agents, employees, or agents who are most qualified to testify on its behal...

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