Excerpt: ... apartment units rented out to Plaintiffs. Defendants move to enforce the parties' settlement agreement and for judgment to be entered on the settlement agreement. TENTATIVE RULING: Defendants Downtown Prime, LLC, Moses Babazadeh, David Baradarian, and Pedram Yadidsion's motion to enforce the settlement agreement and enter judgment upon the settlement agreement pursuant to CCP § 664.6 is GRANTED. The case is ordered dismissed with prejudice. DIS...

Excerpt: ...provided services and equipment for an improvement on certain property. Plaintiff recorded a mechanics' lien on the property for the amount owed, $27,300. Former Defendant Max A. Ostrove now moves to release the mechanics' lien and to expunge the notice of pending action. TENTATIVE RULING: Former Defendant Max A. Ostrove's motion to release mechanics' lien is DENIED. Ostrove's motion to expunge notice of pending action is GRANTED. Ostrove's reque...

Excerpt: ...quity loan” agreement. Petitioner alleged that Respondent breached the contract and was awarded $950,798.49, including $580,582 in attorney's fees and $74,097.64 in costs. The petition to confirm the arbitration award was granted on November 19, 2019. Respondent Wilshire Commercial Capital, LLC moves to amend the judgment offsetting a statutory judgment lien and to order a W-9 be produced. TENTATIVE RULING: Respondent Wilshire Commercial Capita...

Excerpt: ...al distress and defamation. Defendant moves to quash deposition notices for three individuals: Eugene Ryan, Louis Carpentier, and Joel Schultz. On November 14, 2019, the Court granted the protective order and stayed the depositions pending this hearing. TENTATIVE RULING: Defendant The Men's Wearhouse, Inc.'s motion to quash notices of deposition is GRANTED as to the deposition notice for Joel Schultz. Defendant's alternative motion for a protecti...

Excerpt: ...titioner Susana Carlos seeks relief from Government Code § 945.4. TENTATIVE RULING: Petitioner Susana Carlos's petition for order relieving her from provisions of Government Code § 945.4 is DENIED. DISCUSSION: Petition for Relief from Government Code § 945.4 Petitioner Susana Carlos seeks relief from the provisions of Government Code § 945.4, which provides: Except as provided in Sections 946.4 and 946.6, no suit for money or damages may be b...

Excerpt: ...ment by Defendants pertaining to the flipping of real property after the property had been sold for a profit. Plaintiff obtained a judgment at trial against the Defendant for approximately $1.2 Million. Defendants now move to offset the judgment. TENTATIVE RULING: Defendants Arturo Rubenstein and Fab Rock Investments, LLC's motion to offset judgment is GRANTED. The entire judgment of $1,193,735.68 as of the date of this Order is offset by Defenda...

Excerpt: ...nd medical research services to Defendants. Defendants have not paid outstanding invoices for such services totaling over $1.5 million. Plaintiff moves to compel production of documents from third parties New Hope Fertility Center and Dr. John Zhang. TENTATIVE RULING: Plaintiff Cenigent Health Enhancement Medical Institute's motion to compel production of documents from third parties in response to business records subpoena is CONTINUED to Januar...

Excerpt: ...endants never asked him to sign a conflict waiver or suggested they were acting in a capacity adverse to him, but he is now being sued by BrandRep, BrandRep Holdings, and others as a result of Defendants' malpractice. Defendant Manatt, Phelps & Phillips, LLP moves to compel arbitration and stay the action. Defendant Jordan Hamburger filed a joinder to the motion. TENTATIVE RULING: Defendant Manatt, Phelps & Phillips, LLP's motion to compel arbitr...

Excerpt: ...ndants Global Valley, LLC and David Kuo move for summary judgment or, in the alternative, summary adjudication. TENTATIVE RULING: Defendants Global Valley, LLC and David Kuo's motion for summary judgment is GRANTED. DISCUSSION: Motion For Summary Judgment As discussed in connection with Defendants' motion for summary adjudication below, Defendants have demonstrated that they are entitled to prevail as to each cause of action asserted against them...

Excerpt: ...ns to it so that it would pay them $600,000 to provide services to another of their clients, Paul Turley. Defendants Bird Marella and Benjamin Gluck demur to the complaint. TENTATIVE RULING: Defendants Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow, P.C. and Benjamin Glick's demurrer to the complaint is OVERRULED. DISCUSSION Demurrer Meet and Confer Defendants did not comply with the meet-and-confer requirement of CCP § 430.41....

Excerpt: ...ond to Plaintiff's deposition subpoena for the production of documents. Defendants oppose the motion and request $4,500 in sanctions. TENTATIVE RULING: Plaintiff Dorothy Diller's motion to compel Bank Leumi to respond to Plaintiff's deposition subpoena for production of documents is DENIED as untimely. Defendants' request for sanctions is DENIED. DISCUSSION: Plaintiff moves to compel compliance by nonparty Bank Leumi with a deposition subpoena fo...

Excerpt: ...ep, LLC to BrandRep Holdings, LLC. He alleges that Defendants never asked him to sign a conflict waiver or suggested they were acting in a capacity adverse to him, but he is now being sued by BrandRep, BrandRep Holdings, and others as a result of Defendants' malpractice. Defendant Manatt, Phelps & Phillips, LLP moves to seal documents lodged conditionally under seal in support of its motion to compel binding arbitration. TENTATIVE RULING: Defenda...

Excerpt: ...es Management, LLC due to their lack of capacity to participate in litigation. TENTATIVE RULING: Defendant Modern Medical Management, LLC's motion to set aside default is GRANTED. Defendant is to file a standalone copy of its answer to the second amended complaint on the date of this order. Plaintiff is entitled to his reasonable fees and costs in connection with this motion. However, Plaintiff has not included any basis on which the Court may de...

Excerpt: ...NT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs allege breach of contract and fraud against Defendants, arising out of a fraudulent investment scheme. Specifically, Defendants failed to provide Plaintiff SpaceFace with the clean publicly traded shell it had agreed to purchase, and Defendants failed to provide Plaintiff Wookey Search Technologies with a 99% common stock interest in the shell as promised. Specially Appearing Defendants Kevin Ha...

Excerpt: ...t/Cross-Complainant Ben Bolton seeks to quiet title to his property and alleges trespass, nuisance, and intentional and negligent infliction of emotional distress. Defendant/Cross-Complainant Ben Bolton moves for summary adjudication. TENTATIVE RULING: Defendant/Cross-Complainant Ben Bolton's motion for summary adjudication is DENIED. DISCUSSION: Late Opposition Plaintiffs' opposition to Defendant's motion was untimely. However, on December 9, 20...

Excerpt: ...00,000 for an increased ownership interest in the partnership, failing to provide him with his agreed-upon interest in two properties owned by Defendants, and attempting to bribe Mexican officials in connection with a joint venture. Defendant Federico Guillermo Cabo Alvarez filed a Cross-Complaint alleging that Edalat fraudulently induced Defendant into lending Plaintiff money. Alvarez also alleges financial elder abuse. Specially Appearing Defen...

Excerpt: ... Defendants committed elder abuse while she was an inpatient at the Defendant hospital. Plaintiff moves to compel the person most knowledgeable (PMK) deposition of Defendant CHA Hollywood Medical Center, L.P. and production of documents. TENTATIVE RULING: Plaintiff Mary Nelson's motion to compel the person most knowledgeable (PMK) deposition of Defendant CHA Hollywood Medical Center, L.P. and production of documents is CONTINUED to January 13, 20...

Excerpt: ...s elder abuse, negligence and violation of residents' rights arising out of his stay at Defendants' 24-hour health facility. Defendants 13333 Fenton Avenue, LLC dba Mountain View Convalescent Hospital and Win Win Enterprises, LLC demur to the first amended complaint and move to strike portions of it. TENTATIVE RULING: Defendants 13333 Fenton Avenue, LLC dba Mountain View Convalescent Hospital and Win Win Enterprises, LLC's demurrer to the complai...

Excerpt: ...11 for tools that it shipped and delivered to a third party in accordance with Defendants' purchase orders and instructions. Defendant MJD Industries, LLC, dba Ares Tool, moves to quash the service of the summons for lack of personal jurisdiction. TENTATIVE RULING: Defendant MJD Industries, LLC, dba Ares Tool's motion to quash service of the summons is DENIED. Defendant is to respond to the complaint within 30 days of the date of this Order. DISC...

Excerpt: ... sales presentative/insurance agent and later promoted to manager. He alleges various Labor Code violations (individually and as PAGA claims), unfair business practices, and conversion. Defendants move to compel arbitration of all of Plaintiff's claims and to stay the case pending the outcome of the arbitration. TENTATIVE RULING: Defendants Bankers Life and Casualty Company, Colonial Penn Life Insurance Company, CNO Financial Antelope Valley Outp...

Excerpt: ...ernatively, summary adjudication. TENTATIVE RULING: Defendant General Motors, LLC's motion for summary judgment is DENIED. Defendant's alternative motion for summary adjudication is DENIED as to all issues. DISCUSSION: Motion For Summary Judgment As discussed in connection with Defendant's motion for summary adjudication below, Defendant has not demonstrated that it is entitled to prevail as to each cause of action asserted against it. Accordingl...

Excerpt: ...DING PARTY(S): Plaintiff AAA Flag & Banner Manufacturing Company, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS Plaintiff alleges that it leased real property from Defendant Shirley Lang as Trustee of the Shirley Lang Trust and others and agreed to purchase the property for $1,250,000, but that Defendants have refused to complete the sale of their 50% interest in the property. Defendants Karen Harwitt and Gary Lang, as co-trustees of the Sh...

Excerpt: ...eges that Defendants were negligent in providing medical care during a cervical fusion surgery in which she went into anaphylactic shock that resulted in brain injury and other physical and emotional injuries. Plaintiff Jennifer Shannon-Yeganhe moves to quash three deposition subpoenas served on the Custodian of Records for Cedars-Sinai Medical Group. Plaintiff also seeks $3,750 in sanctions. TENTATIVE RULING: Plaintiff Jennifer Shannon-Yeganhe's...

Excerpt: ...ROCEEDINGS: The underlying action is an uninsured motorist arbitration arising out of an auto accident in February 2017 involving bodily injury. United Financial Casualty Company filed a petition to initiate a case so that the Court has jurisdiction over discovery disputes. Petitioner/Respondent United Financial (“Respondent”) moves to compel responses to requests for production of documents and for sanctions. This is the first of fourteen mo...

Excerpt: ...taliation and was accosted for complaining about Defendants' intentional failure to timely meet the special education needs of an autistic student. Plaintiff moves to compel the depositions of Defendants Kim Sorenson-Howe and Michelle Morse and for sanctions. TENTATIVE RULING: Plaintiff Charlene Andersson's motion to compel depositions of Michelle Morse and Kim Sorenson-Howe is GRANTED. These depositions are to occur within 20 days of the date of...

Excerpt: ...to pay him $1,500,000 for an increased ownership interest in the partnership, failing to provide Plaintiff with his agreed-upon interest in two properties owned by Defendants, and attempting to bribe Mexican officials in connection with a joint venture. Defendant Federico Guillermo Cabo Alvarez filed a Cross-Complaint alleging that Plaintiff fraudulently induced Defendant into lending Plaintiff money. Defendant/Cross- Complainant also alleges fin...

Excerpt: ...on about that is currently in arbitration. Here, Plaintiff alleges that Defendants orchestrated a series of interlocking transactions after Onestop's assets were assigned for the benefit of its creditors, through which Defendant GBG ended up with priority over the assignment estate, from which Plaintiff has not received any of the over $2 million Onestop collected on its behalf. Defendant Branded Online, Inc. demurs to the third cause of action o...

Excerpt: ...plaint and move to strike portions of it. TENTATIVE RULING: Defendants Greg Phillips and Todd Phillips's demurrer is OVERRULED as to the first (breach of fiduciary duty), third (conversion), fifth (money had and received), and ninth (breach of contract) causes of action. The demurrer is SUSTAINED without leave to amend as to the fourth (unjust enrichment) and eighth (constructive trust) causes of action. The demurrer is SUSTAINED as to the second...

Excerpt: ...provided services and equipment for an improvement on certain property. Plaintiff recorded a mechanics' lien on the property for the amount owed, $27,300. Former Defendant Max A. Ostrove now moves to release the mechanics' lien and to expunge the notice of pending action. TENTATIVE RULING: Former Defendant Max A. Ostrove's motion to release mechanics' lien is DENIED without prejudice. Ostrove's motion to expunge notice of pending action is DENIED...

Excerpt: ...f Los Angeles, Salvador Reyes, Ana Maria Mejia, and Henry Merin move for judgment on the pleadings. TENTATIVE RULING: Defendants City of Los Angeles, Salvador Reyes, Ana Maria Mejia, and Henry Merin's motion for judgment on the pleadings is GRANTED without leave to amend, unless Plaintiff demonstrates a reasonable possibility of successful amendment at the hearing. DISCUSSION: Motion For Judgment On The Pleadings Meet and Confer Exhibit 5 to the ...

Excerpt: ...viding medical care during a cervical fusion surgery in which she went into anaphylactic shock that resulted in brain injury and other physical and emotional injuries. Defendant Cedars-Sinai Medical Center moves to quash a subpoena for Countrywide Investigative Agency, Inc.'s business records. TENTATIVE RULING: Defendant Cedars-Sinai Medical Center's motion to quash subpoena for Countrywide Investigative Agency, Inc.'s business records is to be A...

Excerpt: ...l origin (Iraq) and his religion (Muslim) against his former employer and his supervisor. Defendant Universal Protection Service moves to compel arbitration and to stay the action pending the outcome of the arbitration. TENTATIVE RULING: Defendant Universal Protection Service's motion to compel arbitration is GRANTED. The action is stayed pending conclusion of the arbitration. Any and all future dates are advanced and vacated. A Status Conference...

Excerpt: ... PROCEEDINGS: Plaintiff alleges that Defendants breached an agreement to supply post-production services, personnel, facilities and other resources for the total audio and visual edit for Plaintiff's documentary film series in order to make the documentary ready to market to networks and other global distributors. Defendant Richard Gray moves to strike portions of the third amended complaint. Former Defendants Sonic Magic, Inc. and Satellite Post...

Excerpt: ...ed an apartment from Defendants for $1,200/month in 2017 and that Defendants interfered with their quiet enjoyment, harassed them for additional rent, attempted to collect rent prematurely in a threatening manner, and intimidated their daughter into paying them hundreds of dollars. Defendants Hertzel and Yossi Illulian separately move to quash service of the summons. TENTATIVE RULING: Defendant Hertzel Illulian's motion to quash service of the su...

Excerpt: ...tion regarding membership interests in a planned restaurant in Beverly Hills, and he invested in it and loaned money to the venture. He alleges that he lost his investment due to Defendant's intentional and negligent misrepresentations. Defendant John Cooney, the sole remaining defendant, demurs to the remaining causes of action of the third amended complaint and moves to strike portions of the third amended complaint. TENTATIVE RULING: Defendant...

Excerpt: ...s, costs and expenses. TENTATIVE RULING: Plaintiff Vandalyn Crayton's motion for attorney's fees, costs and expenses is GRANTED in the amount of $10,000 in attorney's fees and $720.00 in costs and expenses. DISCUSSION: Motion For Attorney's Fees, Costs and Expenses Attorney's Fees Plaintiff moves for an award of attorney's fees, costs and expenses in the total amount of $34,081.57, consisting of: $26,689.32 in attorney's fees and $720.00 in recov...

Excerpt: ...laintiff Martha Ortiz; (3) Defendants The Walt Disney Company, Walt Disney Studios d/b/a Walt Disney Pictures, and Walt Disney Parks and Resorts U.S., Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleged that she was groped by an unidentified person (later identified as Norik Gharagedaghi, an employee of Walt Disney Parks and Resorts), while she was working and also that supervisor Carlos Velasco (voluntarily dismissed as a Defe...

Excerpt: ...otion for summary judgment and entered judgment in its favor. Plaintiff moves to tax costs. TENTATIVE RULING: Plaintiff Chango Coffee, Inc.'s motion to tax costs is DENIED in its entirety. DISCUSSION: Defendant's Objections To Plaintiff's Reply No. 1: Overruled. Defendant is correct that Plaintiff's reply was untimely, having not been filed five court days before the hearing date. (CCP § 1005(b).) The Court could therefore disregard it, but the ...

Excerpt: ...udulently, and Plaintiff was never paid for it. Herard then crashed the car, and the auto body shop (Harry's Automotive) would not return it to Plaintiff. Only the director of the DMV is named as a defendant. Defendant Director of the DMV demurs to the complaint. TENTATIVE RULING: Defendant Director of the Department of Motor Vehicles' demurrer to the complaint is SUSTAINED. Generally speaking, leave to amend must be allowed where there is a reas...

Excerpt: ...eges Labor Code violations as an individual and as PAGA claims against her former employers. Defendants demur to the complaint and move to strike portions of it. TENTATIVE RULING: Defendants Landmark Restaurant Group, Inc., Anthony Kouba, Wilhop, Inc., Segundohop, Inc., Torrahop, Inc., Downeyhop, Inc., Alisal Ventures, LLC, and Bunhop, LLC's demurrer is OVERRULED as to all causes of action. Defendants' motion to strike is DENIED AS MOOT as to the...

Excerpt: ...he default entered against her. TENTATIVE RULING Defendant Amy Jam's motion to set aside default is GRANTED. A stand-alone copy of the answer is to be filed on the date of this order, along with a Substitution of Counsel reflecting that Attorney Margaret A. Sedy is now representing her, and is deemed served as of that date. ANALYSIS Motion To Set Aside Default The Court first notes that Defendant's new counsel has not filed a Substitution of Atto...

Excerpt: ... owes. He seeks a declaratory judgment that Defendant Matthew Fletcher is the equitable owner of the property and that his ownership is free of the lien asserted by the County. He also seeks damages, including punitive damages. Defendant County of Los Angeles moves to strike portions of the complaint. TENTATIVE RULING: Defendant County of Los Angeles's motion to strike is GRANTED as to Item No. 2 (general damages) and Item No. 5 (prejudgment inte...

Excerpt: ...NG PARTY(S): (1) – (3) Plaintiffs James Lewallen and Carole Lewallen STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort case. Plaintiffs allege that Plaintiff James Lewallen, who worked in the construction industry in various capacities, was exposed to toxic chemical products manufactured, distributed, or supplied by the Defendants and sustained injuries as a result, including lung cancer. Defendant Certainteed Corporation mov...

Excerpt: ...injury that required him to take a medical leave. Defendant Spencer Sanderson moves for attorneys' fees. Plaintiff Hector Martinez moves to strike and tax costs. TENTATIVE RULING: Defendant Spencer Sanderson's motion for attorneys' fees is DENIED. Plaintiff Hector Martinez's motion to strike and tax costs is GRANTED. The memorandum of costs is stricken in its entirety. DISCUSSION: 1. Motion for Attorneys' Fees Defendant Spencer Sanderson moves fo...

Excerpt: ...air competition. Defendant Driftwood Dairy, Inc. moves to compel arbitration of Plaintiff's claims and to stay the case pending arbitration. TENTATIVE RULING: Defendant Driftwood Dairy, Inc.'s motion to compel arbitration is GRANTED. The action is stayed pending conclusion of the arbitration. Any and all future dates are advanced and vacated. A Status Conference/OSC re: Dismissal is set for October 28, 2020 at 8:30 a.m. If there are no appearance...

Excerpt: ...igent supervision and retention, assault and battery, civil rights violations, negligence, intentional and negligent infliction of emotional distress, and premises liability. Defendant Somerset Suites moves to strike portions of the first amended complaint. TENTATIVE RULING: Defendant Somerset Suites GP's motion to strike portions of the first amended complaint is GRANTED. Generally speaking, leave to amend must be allowed where there is a reason...

Excerpt: ...to transfer venue to Ventura County. TENTATIVE RULING: Defendant Community Memorial Health System dba Community Memorial Hospital's motion to transfer venue is GRANTED. Defendant's counsel is ordered to pay to the Superior Court the $50 transfer fee listed in Item 61 of the Los Angeles County Superior Court fee schedule (effective January 1, 2019). DISCUSSION: Motion To Transfer Venue Section 397(c) permits the Court to change the place of trial ...

Excerpt: ...FENDANT ALEXANDER ITKIN DEEMED “ADMITTED” MOVING PARTY: (1) Defendants Alexander Itkin, Alena Itkin, and Akula Properties, LLC; (2)-(3) Plaintiff Maria Heifetz RESPONDING PARTY(S): (1) Plaintiff Maria Heifetz; (2)-(3) Defendant Alexander Itkin STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that she agreed to purchase a residential property with Defendant Alexander Itkin to operate as a boarding home. Defendant Alexander Itk...

Excerpt: ...t Defendants failed to accommodate her disability, failed to engage in the interactive process required under FEHA, retaliated against her for requesting reasonable accommodations, and related claims. Defendant Capstone Logistics, LLC moves to compel arbitration. TENTATIVE RULING: Defendant Capstone Logistics, LLC's motion to compel arbitration is GRANTED. The action is stayed pending conclusion of the arbitration as to any of the causes of actio...

Excerpt: ... AND/OR PROCEEDINGS: Plaintiffs allege that the named individual Plaintiffs were disciplined based on responses to Department investigators that they made as witnesses without any warning that they were the subject of a Department investigation and that the investigators violated the public safety officers' Procedural Bill of Rights (“PBOR”) in the way they conducted the investigation. Defendants County of Los Angeles and County of Los Angele...

Excerpt: ...Labor Code violations and a PAGA claim (added in the First Amended Complaint filed after this motion). Defendant moves to compel arbitration of all of Plaintiff's claims and to stay the case pending the outcome of the arbitration. TENTATIVE RULING: Defendant Panama Joes Investors LLC's motion to compel arbitration is GRANTED as to Plaintiff's first through ninth causes of action. The motion is DENIED as to Plaintiff's tenth cause of action. The a...

Excerpt: ...$465.59/month for 239 months, beginning on June 16, 2007. Defendant allegedly defaulted on July 16, 2008. On April 1, 2009, default was entered against Defendant, and judgment was entered on July 23, 2009. On January 21, 2015, an assignment of judgment was filed, indicating that the right to collect the judgment has been assigned from Bank of the West to Baseline Financial Services. Defendant Roy Cabrera moves to set aside the default judgment en...

Excerpt: ...unt of punitive damages, from the liability phase of trial. Plaintiff has not filed an opposition Standard: Code of Civil Procedure sections 597 and 598 allow a court to order that the trial of any issue or part thereof proceed before the trial of any other issue to promote the ends of justice or the economy and efficiency of handling the litigation. “Except as otherwise provided by law, the court in its discretion shall regulate the order of p...

Excerpt: ...ve taken credit for Plaintiffs' industry accomplishments, concepts and creations and have used Plaintiffs' trade secrets in Defendants' own business dealings. Plaintiffs seek leave to file a fourth amended complaint. TENTATIVE RULING: Plaintiffs CMB Export, LLC and CMB Export Infrastructure Investment Group XV, LP's motion for leave to file a fourth amended complaint is GRANTED. Plaintiffs are to file a stand-alone copy of the fourth amended comp...

Excerpt: ...st. Plaintiff moves to compel Defendant Vincent Brantley and Fydra Brantley to attend their depositions and for sanctions. TENTATIVE RULING: Plaintiff Sheila Hawkins's motion to compel attendance and testimony of Vincent Brantley and Fydra Brantley is DENIED without prejudice as to Fydra Brantley and GRANTED as to Vincent Brantley. Vincent Brantley's deposition is to take place within 21 days of the date of this order at a reasonable date, place ...

Excerpt: ...ice and business while managing and administering the business. Plaintiff moves to dismiss Defendants Modern Medical Management, LLC and Marques Management, LLC due to their lack of capacity to participate in litigation. TENTATIVE RULING: Plaintiff's application for an order dismissing Defendants Modern Medical Management, LLC and Marques Management, LLC due to their lack of capacity to participate in litigation is DENIED as to Defendant Modern M...

Excerpt: ... and expenses. TENTATIVE RULING: Plaintiff Lady Bess Fishback's motion for attorney's fees and costs is GRANTED in the amount of $20,000 for attorney's fees and $2,692.19 for costs and expenses, which the Court finds to be the amount of reasonable attorney's fees, costs and expenses incurred. DISCUSSION: Motion For Attorney Fees, Costs and Expenses Attorney Fees Plaintiff moves for an award of attorney fees, costs and expenses in the total amount...

Excerpt: ...ely provide special education needs to an autistic student. Defendants Newhall School District, Kim Sorenson-Howe and Michelle Morse demur to the Complaint and move to strike portions thereof. TENTATIVE RULING: Defendants Newhall School District, Kim Sorenson-Howe and Michelle Morse's demurrer to the Complaint is SUSTAINED withoutleave to amend as to the third cause of action and OVERRULED as to the fourth and fifth causes of action and prayer fo...

Excerpt: ...d was constructively terminated. Defendant Los Angeles Unified School District moves for summary judgment or, in the alternative, summary adjudication. TENTATIVE RULING: Defendant Los Angeles Unified School District's motion for summary judgment is DENIED. Defendant's alternative motion for summary adjudication is GRANTED as to Issue No. 2 re: the first cause of action for age discrimination. Defendant's alternative motion for summary adjudicatio...

Excerpt: ... Plaintiff would receive his investments back, plus profits in the amount of his percentage ownership in the properties, proportionate to his share of funds contributed toward the purchase price. Defendant also allegedly transferred Plaintiff's burial plot to Defendant's name without authorization. Defendant moves to quash the subpoena for production of bank records from Pacific City Bank as to Defendant Chon and Defendant's late mother (and Plai...

Excerpt: ...Capital, LLC & Sunpower Corporation move to compel arbitration. TENTATIVE RULING: The hearing on the motion to compel arbitration is CONTINUED to May 31, 2019. Defendants are to file a supplemental brief addressing the issue identified by the Court no later than May 10, 2019. Plaintiff is to file his supplemental opposition no later than May 20, 2019. Defendants may file a supplemental reply by May 27, 2019. DISCUSSION: Motion To Compel Arbitrati...

Excerpt: ...cks tendered for repayment. Defendants Stuart Grant and Approved Legal Hotline, Inc. demur to the third amended complaint and move to strike portions thereof. TENTATIVE RULING: Defendants Stuart Grant and Approved Legal Hotline, Inc.'s demurrer to the third amended complaint is SUSTAINED withoutleave to amend as to the first through fifth causes of action. Given the ruling on the demurrer, the motion to strike is MOOT. DISCUSSION: Demurrer Meet a...

Excerpt: ...repairs. The parties settled this action. Defendant moves to tax Plaintiff's memorandum of costs. The Court continued to the hearing on this motion for supplemental briefing. TENTATIVE RULING: Defendants 2000 C-Store and Shell Oil Company's motion to tax costs is DENIED as to Items 2, 4 and 5 and GRANTED as to Item No. 1 in the amount of $945.50. DISCUSSION: Motion To Tax Costs The Court's previous tentative ruling was to deny the motion to tax c...

Excerpt: ...t it. Defendant City of Inglewood (erroneously sued and served herein as Doe 2 a.k.a. Inglewood Public Library). TENTATIVE RULING: Defendant City of Inglewood (erroneously sued and served herein as Doe 2 a.k.a. Inglewood Public Library)'s demurrer to the first amended complaint is OVERRULED as to the first, second, and third causes of action and SUSTAINED without leave to amend as to the tenth, eleventh and twelfth causes of action. DISCUSSION: D...

Excerpt: ...nded complaint and moves to strike portions thereof. TENTATIVE RULING: Defendant Kia Motors America, Inc.'s demurrer to the first amended complaint is OVERRULED as to the third, fifth and sixth causes of action and SUSTAINED without leave to amend as to the fourth cause of action. The motion to strike the Prayer at f for punitive damages and ¶ 82 regarding willful failure to comply with Civil Code § 1793.2(a)(3) supporting a civil penalty of tw...

Excerpt: ...ngs a reverse validation action challenging the validity of two resolutions and related actions by Defendant Metropolitan Water District authorizing financial support, including the issuance of revenue bonds backed by liens on MWD's future revenues. Defendant San Diego County Water Authority demurs to the first amended complaint. Defendant Metropolitan Water District of Southern California demurs to the first amended complaint and moves to strike...

Excerpt: ...ed after suffering a head injury that required him to take a medical leave. Defendants Green Cuisine, Inc. and Spender Sanderson demur to the first amended complaint. Defendant Fresh & Ready Foods, LLC filed a notice of joinder in the demurrer. TENTATIVE RULING: Defendant Fresh & Ready Foods, LLC's notice of joinder in the demurrer is DENIED. Defendants Green Cuisine, Inc. and Spender Sanderson demurrer to the first amended complaint is SUSTAINED...

Excerpt: ...was forced to retire. Defendant The People of the State of California, Acting By and Through the Department of Transportation moves for summary judgment or, in the alternative, summary adjudication. TENTATIVE RULING: Defendant The People of the State of California, Acting By and Through the Department of Transportation's motion for summary judgment is GRANTED. DISCUSSION: Evidentiary Objections <0058005500570003005200 00560003005800530052[n the f...

Excerpt: ...ING PARTY(S): Plaintiff Gail Hollander STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an Insurance bad faith breach action regarding failure to pay policy benefits for certain Hollander Kippenberger Paintings. Defendant L.A. Packing, Crating and Transport, Inc. damaged Plaintiff's Hollander Kippenberger Paintings during installation of the artwork at Plaintiff's newly remodeled home. Attempts to restore the paintings did not bring them b...

Excerpt: ...expenses for which Plaintiff were to reimburse Defendants, or to charge Plaintiffs for services not actually rendered to the subject properties. Moreover, Defendants have failed to maintain the subject property, leading to it being declared a public nuisance, and a fire occurred at the property. Defendants have failed to provide complete and accurate accountings of Defendant's business and management activities. Defendants Excel Residential Servi...

Excerpt: ...nership interest in the subject real property to induce Defendant to pay more than his ½ share toward the down payment, and to pay ½ of the loan payments. On December 13, 2018, judgment was entered in favor of Plaintiff in the amount of $118,700. Defendant moves to tax costs claimed by Plaintiff. TENTATIVE RULING: Defendant/Cross-Complainant Sharon Ransom's motion to tax is DENIED as to Items No. 1 (Filing and Motion Fees), No. 2 (Jury Fees), N...

Excerpt: ...aintiff from becoming “Mr. Basket Ball,” and as such, he has missed out on a very lucrative NBA career.[1] He is now suing his former high school in Illinois based upon that 30+ year ago unfortunate event. Defendant Thornton Fractional School District 215, erroneously sued as Thornton Fraction North High School, moves to quash service of summons and complaint. TENTATIVE RULING: Defendant Thornton Fractional School District 215, erroneously su...

Excerpt: ...3002c005100460011[ move to quash <004f000f0003002c005100 460011[ TENTATIVE RULING: <0047000300370055005800 0003002c005100460011['s motion to quash subpoena issued and served on Nextgear Capital, Inc. is GRANTED. DISCUSSION: <0056000300290052005500 004c0052005100030052>f Business Records <0047000300370055005800 0003002c005100460011[ move to quash subpoena issued and served on non-party Nextgear Capital, Inc. CCP § 1987.1 provides: (a) If a subpoe...

Excerpt: ...MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that Defendants committed legal malpractice, which caused him to lose Workers Compensation permanent disability payments. Plaintiff moves for a determination of trial preference. Defendants move for a continuance of the trial date. TENTATIVE RULING: Plaintiff Armando Mojarro's motion for a determination of trial preference is DENIED. Defendants Perona, Langer, Beck, Serbin, Mendoza & Harrison, ...

Excerpt: ...behalf of Defendant. TENTATIVE RULING: Plaintiff Thomas Gabor's motion to compel the deposition of Defendant's PMK is DENIED without prejudice. As previously warned at the CMC, this Court now implements Paragraph 4 at this time, of the Addendum to Case Management Conference Order (Song-Beverly Litigation) in order to govern all future depositions in this case. Any documents requested in any deposition notices are limited to the documents stated i...

Excerpt: ...he parties. Defendant Applied Underwriters, Inc. moves for summary judgment or, in the alternative, summary adjudication. TENTATIVE RULING: Defendant Applied Underwriters, Inc.'s motion for summary judgment is GRANTED. DISCUSSION: Defendant's Evidentiary Objections <0058005500570003005200 00560003005800530052[n evidence which the Court deems to be material to the disposition of this motion. Declaration of Tad Yenawine No. 4: OVERRULED. Relevant; ...

Excerpt: .... Defendant Stonehaven, LLC filed a cross-complaint alleging a breach of personal guaranty of the underlying loan by Cross-Defendant. On November 2, 2018, the Court entered judgment in favor of Cross-Complainant against Cross-Defendant in the principal amount of $1,500,000. Cross-Complainant Stonehaven, LLC moves for an award of attorney's fees and prejudgment interest. TENTATIVE RULING: Cross-Complainant Stonehaven, LLC motion for attorney's fee...

Excerpt: ...alifornia move to compel arbitration. TENTATIVE RULING: Defendants Related Management Company, L.P. and The Related Companies of California's motion to compel arbitration is GRANTED, except as to the PAGA claim, which shall remain pending in this litigation. This litigation is ordered stayed pending arbitration pursuant to CCP § 1281.4. DISCUSSION: Motion to Compel Arbitration Plaintiff's Evidentiary Objections <00030057004b0048000300 0048005500...

Excerpt: ...ial setting pursuant to CCP § 36. TENTATIVE RULING: Plaintiff Betty Oeland's motion for a priority trial setting pursuant to CCP § 36(a) is GRANTED. Trial is set for June 28, 2019. The final status conference is set for June 21, 2018. DISCUSSION: Motion For Trial Preference Plaintiff moves for priority trial setting pursuant to CCP § 36(a). Plaintiff's position is: she is over the age of 70 years old; she has a substantial interest in the acti...

Excerpt: ...medical treatment to Defendants. Defendants have not paid outstanding invoices for such services. Attorneys Craig Holden, Daniel DeCarlo & Lewis Bribois Bisgaard & Smith LLP move to be relieved as counsel for Plaintiff Cenigent Health Enhancement Medical Institute. TENTATIVE RULING: The motion to be relieved as counsel is GRANTED. This order is effective upon filing a Proof of Service with the court which demonstrates that the clients were served...

Excerpt: ...otesting and challenging Defendant Heckmann's unlicensed interference with the practice of medicine based on profit decision, as well as on the basis of her gender. Defendants LaserAway Management, LLC, Scott Heckmann, LaserAway Medical Group, Inc. and Dr. Roy Winston moves to compel arbitration pursuant to a director agreement and a shareholders agreement. TENTATIVE RULING: Defendants LaserAway Management, LLC, Scott Heckmann, LaserAway Medical ...

Excerpt: ...for out-of-network medical services rendered to Anthem subscribers at a “reasonable and customary” rate. Defendant Anthem Blue Cross Life and Health Insurance Company moves for summary judgment or, in the alternative, summary adjudication. TENTATIVE RULING: Defendant Anthem Blue Cross Life and Health Insurance Company's motion to seal is DENIED. All documents lodged conditionally under seal shall be placed in the public record. Defendant Anth...

Excerpt: ... Defendant's building for the benefit of Plaintiff's tenants) allegedly running in favor of Plaintiff's benefitted parcel against Defendant's burdened parcel. Defendant unilaterally purported to terminate the parking covenant. Defendant filed a cross-complaint alleging that Defendant never entered into any covenant, and that the form including the covenant was recorded contrary to an agreement between Plaintiff's predecessor and Defendant. Defend...

Excerpt: ... when the property was sold, Plaintiff would receive his investments back, plus profits in the amount of his percentage ownership in the properties, proportionate to his share of funds contributed toward the purchase price. Defendant also allegedly transferred Plaintiff's burial plot to Defendant's name without authorization. Defendant Cindy Heesung Chon moves for summary judgment or, in the alternative, summary adjudication. TENTATIVE RULING: De...

Excerpt: ..., LLC motion to compel arbitration is GRANTED. This litigation is ordered stayed pending arbitration pursuant to CCP § 1281.4. DISCUSSION: Motion to Compel Arbitration Request For Judicial Notice Defendant requests that the Court take judicial notice of the following: (1) Employment Arbitration Rules of the American Arbitration Association; (2) Court of Appeal decision in Castro v. SBM Site Servs., LLC, No. A150032, 2018 WL 1193544 (Cal. Cat. Ap...

Excerpt: ...e production, allegedly engaged in sexual assault and battery against Plaintiff during moments when he was able to interact with audience members. Defendant Wallis Annenberg Center for the Performing Arts demurs to the Complaint. TENTATIVE RULING: Defendant Wallis Annenberg Center for the Performing Arts' demurrer to the Complaint is OVERRULED as to the first, second and sixth causes of action. Defendants is ordered to answer the Complaint within...

Excerpt: ...Commercial Loan Solutions, III, LLC; <000300030003000b001600 00440051005700560003[Commercial Loan Solutions, LLC and Commercial Loan Solutions, III, LLC; <000300030003000b001700 00440051005700030025[ank of the West RESPONDING PARTY(S): (1) Plaintiffs Michael S. Yu, A Law Corporation, My Law Holdings, and Michael S. Yu; (2) No opposition filed; <000300030003000b001600 004c0049004900560003[Michael S. Yu, A Law Corporation, My Law Holdings, and Mich...

Excerpt: ...ual and Leaders Hair Studio, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges, as assignee of a beauty salon with whom she settled her personal injury claim, that the insurance Defendants have refused in bad faith to pay benefits under liability policy for injuries Plaintiff sustained from a chemical burn around her eyebrow. Defendant DB Insurance Company, formerly known as Dongbu Insurance Company, Ltd., moves to strike por...

Excerpt: ... FACTS AND/OR PROCEEDINGS: Plaintiff alleges that Defendants entered into a conspiracy to improperly relinquish the LLC Plaintiffs' interest in other LLCs which own real property and Defendants have improperly utilized loan proceeds secured by the real property. Plaintiff Winston alleges that any transfer of his membership interest in the LLC was unauthorized and he has not received any compensation for the purported transfer of his interests. De...

Excerpt: ...TEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs allege that Defendants improperly relinquished the LLC Plaintiffs' interest in other LLCs which own real property and Defendants have improper utilized loan proceeds. Plaintiff Winston alleges that any transfer of his membership interest in the LLC was unauthorized and he has not received any compensation for the purported transfer of his interests. Defendants Nicholas Keros, 460 Trousdale, ...

Excerpt: ...enture agreement by Defendants pertaining to the flipping of real property after the property had been sold for a profit. Defendants Arturo Rubinstein and Fab Rock Investments, LLC move for an order staying enforcement of the judgment in this action. TENTATIVE RULING: Defendants Arturo Rubinstein and Fab Rock Investments, LLC's motion for an order staying enforcement of the judgment in this action pursuant to CCP § 918.5 is GRANTED. Any party ma...

Excerpt: ... malpractice in the prosecution of Plaintiff's underlying claim, which caused Plaintiff to lose the case following a jury trial. Defendants filed a Cross-Complaint for unpaid legal bills. Plaintiff moves for leave to file a first amended complaint. TENTATIVE RULING: Plaintiff Aileen Leavitt's motion for leave to file a first amended complaint is GRANTED. The copy of the first amended complaint lodged with the Court shall be deemed filed and serve...

Excerpt: ... P.C., Michael H. Buch, M.D. and Noel C. Buch demur to the Complaint. TENTATIVE RULING: Defendants Michael H. Buch, M.D, P.C., Michael H. Buch, M.D. and Noel C. Buch's demurrer to the first through seventh causes of action is SUSTAINED. Defendants are to prepare and submit an interlocutory judgment abating this action, 18STCV02010, pending resolution of BS174312. In that BS174312 is currently pending in Dept. 47, Shagufta Mahmood may seek leave t...

Excerpt: ...f California move to compel arbitration. TENTATIVE RULING: Defendants Related Management Company, L.P. and The Related Companies of California's motion to compel arbitration is DENIED without prejudice. DISCUSSION: Motion to Compel Arbitration Plaintiff's Evidentiary Objections Declaration of Jenny Maccaro No. 1: OVERRULED. Relevant; sufficient foundation; not hearsay. No. 2: SUSTAINED. Lack of foundation. Maccaro does not lay a foundation for th...

Excerpt: ...e Complaint. TENTATIVE RULING: Defendant Nick Kochek's demurrer to the Complaint is SUSTAINED without leave to amend as to the second, ninth and tenth causes of action. Defendant Kochek is ordered dismissed from this action with prejudice. DISCUSSION Demurrer Meet and Confer The Declaration of Cody J. Cocanig reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. 1. Second Cause of Action (Hostile Work Environment...

Excerpt: ...y, Inc., Debbie Guzman and Sandy Crabb demur to the Complaint. TENTATIVE RULING: Defendants Howroyd-Wright Employment Agency, Inc., Debbie Guzman and Sandy Crabb's demurrer to the Complaint is SUSTAINED. Whether leave to amend will be granted or not shall depend on any offer of proof by the plaintiff as to how he could amend his Complaint to state any viable cause of action against these defendants consistent with this ruling. DISCUSSION Demurrer...

Excerpt: ... various subpoenas duces tecum served upon six medical providers. TENTATIVE RULING: Conditioned upon Plaintiff paying five additional $60 filing fees (i.e., an additional $300), Plaintiff's motion to quash the subpoenas duces tecum served upon SAC Valley Ambulance; Paramedics Plus; San Leandro Hospital; San Leandro Hospital, Patient Services; Cardiothoracic Surgery Consultants, Inc.; and Minimally Invasive Surgical Solutions is GRANTED. The Court...

Excerpt: ... sick father and for his own health problems. Defendant filed a Cross-Complaint alleging that Plaintiff downloaded illegal software for use on Defendant's computers, subjecting Defendant to potential liability as a result of an investigation from the Software & Information Industry Association. Defendant/Cross-Complainant Mulgrew Aircraft Components, Inc. moves for summary judgment or, in the alternative, summary adjudication. TENTATIVE RULING: D...

Excerpt: ...ments, set one, form interrogatories, set one, and special interrogatories, set one, and requests for admission. Plaintiff also seeks the imposition of sanctions. TENTATIVE RULING: Plaintiff Ovaness Arakelyan's motion to compel proper verifications under CCP § 2015.5 is DENIED. <0003004c00560003002700 280031002c002800270011[ DISCUSSION: Motion To Compel Proper Verifications Technically speaking, there is no motion to compel “proper verificatio...

Excerpt: ...dant Adel Al-Sumait moves for a determination of good faith settlement. TENTATIVE RULING Defendant Adel Al-Sumait's motion for determination of good faith settlement is approved as to the $11,000 portion which represents the settlement with Plaintiff Sheri Swist only. That portion of the $4,000 settlement which represents a compromise with minor Plaintiff Cameron Swist must be approved via the procedure for approval of minor's compromise of claim...