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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ..., 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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ... 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: ...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: ...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...