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: ... 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: ...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: ...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: ...Defendant Miguel Rincon moves to vacate the default entered against him on April 3, 2019. TENTATIVE RULING: Defendant Miguel Rincon's motion to vacate default is continued to November 27, 2019 at 8:30 a.m. Defendant is to comply with the orders contained infra. DISCUSSION: Motion to Vacate Default Defendant Miguel Rincon moves to vacate the default entered against him on three grounds: (1) the default is void as a matter of law under CCP § 473(d...

Excerpt: ...ica, Inc. demurs to the fourth cause of action of the complaint (fraudulent inducement – concealment) and moves to strike portions of the complaint related to punitive damages.[1] TENTATIVE RULING: Defendant Nissan North America, Inc.'s demurrer to the fourth cause of action of the complaint is OVERRULED. Defendant's motion to strike the prayer for punitive damages is DENIED. <0051000300150013000300 470044005c00560011[ DISCUSSION: Demurrer Meet...

Excerpt: ...2) Defendant Crossfield Products Corp.; (3) and (4) Defendant Sunshine Supply Co., Inc.; (5) and (6) Defendant Top Industrial, Inc.; (7) Defendant Nemeon, Inc.; (8) Defendant Brenntag Canada Inc. RESPONDING PARTY(S): (1) – (8) 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 ...

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: ...nership agreement and that Defendants Kevin Lawrence and Foster & Lawrence Accountancy have aided and abetted the other Defendants in breaching their fiduciary duties. Defendants Kevin Lawrence and Foster & Lawrence Accountancy move to strike portions of the second amended complaint (“2AC”) or, in the alternative, for judgment on the pleadings. TENTATIVE RULING: Defendants Kevin Lawrence and Foster & Lawrence Accountancy's motion to strike po...

Excerpt: ...ance Company RESPONDING PARTY(S): (1) Defendant XL Specialty Insurance <0003000300030003000300 000c00030033004f0044>intiff Gail Hollander 2. 3. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an insurance bad faith action regarding failure to pay policy benefits for certain Kippenberger Paintings. Defendant L.A. Packing, Crating and Transport, Inc. damaged Plaintiffs' Kippenberger Paintings while installing the artwork at their newly remo...

Excerpt: ...twork 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: The parties are ordered to brief the issue as to whether the Knox-Keene Act—Health and Safety Code § 1340 et seq.—and the regulation regarding Claims Settlement Practices—28 CCR 1300.71(a)(3)(C)...

Excerpt: ...murrer to the first amended complaint is SUSTAINED without leave to amend as to the fourth cause of action and OVERRULED as to the fifth cause of action. Defendant is ordered to answer the first amended complaint within 20 days. DISCUSSION: Demurrer Meet and Confer The Declaration of Leslie N. Morales reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. Discussion: 1. Fourth Cause of Action (Breach of Implied Wa...

Excerpt: ...r)—conspired to murder, then instead to kidnap, Plaintiff in order to retrieve a valuable guitar given to Plaintiff by his estranged wife and to coerce Plaintiff to relinquish any claim to the house at which he was staying. Defendants Courtney Love-Cobain, Osama “Sam” Lufti, Ross Butler, Yan Yukhtman, Blue Velvet LLC, Marc Gans and Law Offices of Marc Gans bring an anti-SLAPP special motion to strike as to the first amended complaint (“1A...

Excerpt: ...on subpoena for production of business records of Trojan and Company Accountancy Corporation and requests sanctions. TENTATIVE RULING: Plaintiff Philip Steel Company's motion to quash the deposition subpoena for production of business records of Trojan and Company Accountancy Corporation is GRANTED. The Court exercises its discretion not to award sanctions. The notice of motion only requests sanctions against Defendants Greg Phillips and Todd Phi...

Excerpt: ... This is an Elder Abuse case. Defendants Shlomo Rechnitz, Rockport Administrative Services, LLC and CNRC, LLC move for judgment on the pleadings. Defendant Doe 51 Brius Management Company filed a notice of joinder. TENTATIVE RULING: Defendants Shlomo Rechnitz, Rockport Administrative Services, LLC and CNRC, LLC's motion for judgment on the pleadings is GRANTED. Whether leave to amend is granted as to the first, second and/or third causes of actio...

Excerpt: ... misclassification as an independent contractor. Defendants Jojax, LLC, Greater Good Content, Inc., Joe Car, Jackson Morton, Rocky Morton, Pedro Aragao De Oliveira and John-Michael Triana demur to the Complaint. TENTATIVE RULING: The demurrer to the first through seventeenth causes of action is SUSTAINED with 30 days leave to amend. DISCUSSION: Demurrer Meet and Confer The Declaration of Philip J. Bonoli reflects that the meet and confer requirem...

Excerpt: ... to lift the discovery stay and for a constructive trust. TENTATIVE RULING: Plaintiff Jay Kato, derivatively on behalf of Marutama Company, Inc.'s motion to lift the discovery stay is DENIED. Plaintiff's request for the imposition of a constructive trust is DENIED without prejudice. DISCUSSION Motion To Lift Stay and For Imposition of Constructive Trust Evidentiary Objections Declaration of Jay Kato No. 1: SUSTAINED. Lack of personal knowledge; l...

Excerpt: ... then demanded rush charges. As a result, Plaintiff was unable to use the transcripts for a motion for terminating sanctions, causing Plaintiff to settle his lawsuit for a lesser amount. Defendants California Deposition Reporters, Inc., Richard Kirk and Rebecca L. Kirk move to strike portions of the Complaint. TENTATIVE RULING: Defendants California Deposition Reporters, Inc., Richard Kirk and Rebecca L. Kirk's motion to strike portions of the Co...

Excerpt: ...In and Out Construction, Inc. move to quash the deposition subpoena served upon Wells Fargo Bank (Chatsworth Branch). TENTATIVE RULING: Defendants Arman Solimani and In and Out Construction, Inc.'s motion to quash deposition subpoena served upon Wells Fargo Bank (Chatsworth Branch) is DENIED. Both parties' requests for sanctions are DENIED. DISCUSSION: Motion To Quash Deposition Subpoena Defendants Arman Solimani and In and Out Construction, Inc....

Excerpt: ... RULING: Defendant City of Los Angeles's demurrer to the second amended complaint is OVERRULED as to the first, second, fourth and fifth causes of action and SUSTAINED with leave to amend as to the third cause of action. Plaintiff is given 30 days leave to amend. DISCUSSION: Meet and Confer The Declaration of Stacey Anthony reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. Request for Judicial Notice Defendan...

Excerpt: ... mediation or, in the alternative, arbitration. TENTATIVE RULING: Defendant De Young Kim's motion to compel arbitration is GRANTED. The case is ordered stayed pursuant to CCP § 1281.4 pending arbitration. A Status Conference/OSC re: Dismissal is set for January 23, 2020 at 8:30 a.m. in Department 47. If no appearances are made, this case may be dismissed without prejudice. DISCUSSION: Moving party Defendant does not cite any statutory authority ...

Excerpt: ...tion filed; (2) Plaintiffs David Penilla, et al. CASE HISTORY:  05/13/14: Complaint filed.  05/16/14: First Amended Complaint filed.  01/14/16: Case ordered related with BC594514.  01/28/16: Case ordered stayed.  11/23/16: Remittitur filed.  12/15/16: Stay ordered lifted.  01/05/17: Cases BC545697 and BC594514 ordered consolidated.  04/25/17: Second Amended Complaint filed.  06/07/17: Third Amended Complaint filed (purs...

Excerpt: ...ly slut-shamed and published defamatory statements about Plaintiff on social media. Defendants Defendants Kris Jenner, Ki Kardashian West, Khloe Kardashian and Kylie Jenner allegedly published defamatory statements about Plaintiff and prevented the second season of Plaintiff's television show with Defendant Kardashian from going forward with production. Defendants Kris Jenner, Ki Kardashian West, Khloe Kardashian and Kylie Jenner demur to the thi...

Excerpt: ...48005600030049005200 000300480059004c0047[ence and monetary sanctions against Defendant. TENTATIVE RULING: Plaintiff's motion for issue, evidence and monetary sanction is DENIED. Additionally, the Court finds that the Plaintiff's motion was frivolous, as a matter of law, and that monetary sanctions against Plaintiff's attorneys are warranted. However, the Court is concerned on whether proper notice has been given to Plaintiff's attorneys to allow...

Excerpt: ... Defendants County of Los Angeles and Guy Craighead move for summary judgment or, in the alternative, summary adjudication. TENTATIVE RULING: The hearing on Defendants' motion for summary judgment is CONTINUED to September 5, 2018. Any party intended to file an application to seal is to file such application by August 24, 2018. The Court warns the parties that if no application to seal is timely filed or, if filed, the application to seal is not ...

Excerpt: ...efendant The People of the State of California, Acting By and Through the Department of Transportation moves to conduct Plaintiff's independent medical examination. TENTATIVE RULING: Defendant The People of the State of California, Acting By and Through the Department of Transportation's motion to conduct Plaintiff's independent medical examination is DENIED without prejudice. Plaintiff's request for sanctions is DENIED. DISCUSSION: Defendant The...

Excerpt: ..., including failing to accurately account for rental income generated by the property. Defendants filed a cross-complaint alleging that Cross-Defendants Victor Martinez and Martinez & Associates, Inc., acting as Plaintiff's current property managers, engaged in conduct and made defamatory statements about Defendants which form the basis of Plaintiff's claims in this action. Defendant Mildred Lim Almazan demurs to the 1AC and moves to strike porti...

Excerpt: ...Kim aka Ivy Kim and Grace Y. Lee demur to the Complaint and move to strike portions thereof. The motion to strike ¶ 66: is MOOT by virtue of the ruling on the demurrer. The motion to strike the Prayer for Relief re: punitive damages is GRANTED with leave to amend. Plaintiff is given 30 days leave to amend. TENTATIVE RULING: Defendants Anny Kim aka Ivy Kim and Grace Y. Lee's demurrer to the Complaint is SUSTAINED with leave to amend as to the fir...

Excerpt: ...arding Defendant's talent agreement with E! Network. Defendant Angela White moves for judgment on the pleadings as to the 1AC. TENTATIVE RULING: Defendant Angela White's motion for judgment on the pleadings as to the first amended complaint is GRANTED without leave to amend as to the fourth cause of action, unless Plaintiff demonstrates a reasonable possibility of successful amendment. DISCUSSION: Meet and Confer The Declaration of Vanessa Hooker...

Excerpt: ...ucas Brothers Construction, Inc. <000300030003000b001600 004c0049004900120026[ross-Defendant Lucas Brothers Construction, Inc.; <000300030003000b001700 00440051005700560012[Cross-Complainants Takashi Nakamura and Toshiko Nakamura RESPONDING PARTY(S): (1) No opposition filed; (2) Defendants/Cross-Complainants Takashi Nakamura and Toshiko Nakamura; <000300030003000b001600 00440051005700560012[Cross-Complainants Takashi Nakamura and Toshiko Nakamura...

Excerpt: ...as allergic thereto, and this caused her death. Defendant Jason B. Kirk, M.D. demurs to the first amended complaint and moves to strike portions thereof. TENTATIVE RULING: Defendant Jason B. Kirk, M.D. demurrer to the first amended complaint is MOOT as to the second cause of action and OVERRULED as to the third cause of action. Defendant's motion to strike the Prayer, ¶ 5, Page 8, lines 15-16 re: punitive damages is GRANTED. The motion to strike...

Excerpt: ...ered litigation/arbitration against attorney Plaintiff by his clients toward emotional distress damages, which were not covered by the subject malpractice liability insurance policy issued by Defendant insurer. Defendants Jerid R. Maybaum and Jacks & Maybaum LLP demurrer to the second amended complaint and move to strike portions thereof. TENTATIVE RULING: Defendants Jerid R. Maybaum and Jacks & Maybaum LLP's demurrer to the second amended compla...

Excerpt: ...CEEDINGS: Plaintiffs allege that Defendants breached a partnership agreement by terminating the partnership and continuing to conduct the partnership business without Plaintiffs. Cross-Complainants Donald Davidson, M.D., a professional corporation, and Donald Davidson, M.D., an individual, Sankar Sridaran, M.D., Maysa Alavi, M.D., and Christopher McNamara, M.D. filed a Cross-Complaint alleging that Plaintiffs breached their partnership obligation...

Excerpt: ...ULING: Defendant City of Los Angeles's demurrer to the first amended complaint is OVERRULED as to the first through third and fifth causes of action and SUSTAINED with leave to amend as to the fourth cause of action. Plaintiff is given 30 days leave to amend. DISCUSSION: Meet and Confer The Declaration of Stacey Anthony reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. Request for Judicial Notice Defendant re...

Excerpt: ... Inc. moves for summary judgment. TENTATIVE RULING: Plaintiff Northern California Collection Service, Inc.'s motion for summary adjudication is DENIED as to Issue No. 1 re: the first cause of action and GRANTED as to Issue No. 2 re: the second cause of action. Plaintiff is to submit a Judgment by Default, consistent with the final ruling of this court. DISCUSSION: Motion for Summary Adjudication Request For Judicial Notice Plaintiff requests that...

Excerpt: ...to strike portions thereof. TENTATIVE RULING Conditioned upon Defendant providing proof that the demurrer and motion to strike, and the notice of continuance of the hearing on the demurrer and motion to strike were served upon Plaintiff's counsel at 2180 Harvard Street, Ste. 160, Sacramento, CA 95818, the demurrer to the entire Complaint is SUSTAINED with leave to amend. Plaintiff is given 30 days leave to amend. DISCUSSION: Notice The demurrer a...

Excerpt: ...aw Office of Peter J. Zomber demur to the Complaint. TENTATIVE RULING: Defendants Peter J. Zomber and Law Office of Peter J. Zomber demurrer to the Complaint is OVERRULED as to the first, second and third causes of action. Defendants are ordered to answer the Complaint within 20 days. DISCUSSION: Demurrer Meet and Confer The Declaration of James A. Murphy reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. Requ...

Excerpt: ...ng Defendant to appear beyond the seven-hour limit, and requests sanctions. TENTATIVE RULING: Plaintiff's motion to compel appearance beyond seven-hour limit, and request for sanctions, is GRANTED in part. Plaintiff will be permitted to depose Defendant for a total of twelve hours (which includes the prior deposition time of 6 hours and 25 minutes). If needed, Plaintiff must also submit to a total of 12 hour deposition time. <0003004c005600030027...

Excerpt: ... property, as well as causing a nuisance with construction and irrigation activities. Defendant also allegedly committed a battery against Plaintiff Susan Corso. Defendant filed a Cross-Complaint alleging that Plaintiffs have engaged in a campaign of harassment and intimidation to force Cross-Complainant to relinquish his easements over Cross- Defendants' property. <0047000300330011000300 00470003003600580056[an Corso bring an anti-SLAPP special ...

Excerpt: ...s; (3) & (4) Plaintiff Angela White RESPONDING PARTY(S): (1) Plaintiff Angela White (2) Plaintiff Angeles White; (3) Third-Party Bunim-Murray Productions; <000300030003000b001700 0033004400550057005c[ E! Media Productions, LLC STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that Defendant Robert Kardashian committed assault and battery against Plaintiff and has publicly slut-shamed and published defamatory statements about Plain...

Excerpt: ...ff was injured in the parking structure of Defendant Children's Hospital of Los Angeles when Defendant Felipe Cesar Masaya, valet for Defendant Parking Company of America, recklessly lost control of a car and pinned Plaintiff against a wall, causing severe and permanent physical injuries. Defendant Children's Hospital of Los Angeles demurs to the Complaint and moves to strike portions thereof. TENTATIVE RULING: Defendant Children's Hospital of Lo...

Excerpt: ...hew, M.D. demurs to the first amended complaint. TENTATIVE RULING: Defendant Maya Mary Mathew, M.D.'s demurrer to the first amended complaint is OVERRULED as to the third cause of action. Defendant Maya Mary Mathew, M.D. is ordered to answer the 1AC within 20 days. DISCUSSION: Demurrer Meet and Confer The Declaration of Brian R. Hill reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. 1. Third Cause of Action (...

Excerpt: ... purchased. Defendant General Motors, LLC moves for summary judgment. Plaintiff Jerome Christensen moves to compel the further deposition of Defendant General Motors, LLC's PMQ. TENTATIVE RULING: Defendant General Motors, LLC's motion for summary judgment is DENIED. Plaintiff Jerome Christensen's motion to compel the further deposition of Defendant's PMQ is GRANTED as to Categories 5 – 21. DISCUSSION: Motion For Summary Judgment Defendant's Evi...

Excerpt: ... Mikhaeilpoor RESPONDING PARTY(S): (1) Defendants BMW of North America, LLC and Pacific BMW; (2) Plaintiff Lorik Mikhaeilpoor; <000300030003000b001600 00440051005700560003[BMW of North America, LLC and Pacific BMW; <000300030003000b001700 00440051005700560003[BMW of North America, LLC and Pacific BMW STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that the vehicle leased contains engine defects and Defendants have failed to repa...

Excerpt: ...5700030027[avid Inki Chung RESPONDING PARTY(S): (1) Plaintiff Geoffrey Wan; (2) Plaintiff Geoffrey Wan; <000300030003000b001600 004c004900490003002a[eoffrey Wan; <000300030003000b001700 00520056004c0057004c[on filed. <000300030003000b001800 00520056004c0057004c[on filed STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that Defendants negotiated a buyout of Plaintiff's lease without Plaintiff's approval, thereby terminating Plaint...

Excerpt: ...ch 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 Service, Inc. and Pin...

Excerpt: ...Pereira, and Mountain Real Estate LLC move to set aside entry of default against them. TENTATIVE RULING: Defendants Candido Ramirez, Marcel Padilla, Ramon Pereira, and Mountain Real Estate LLC's motion to set aside default is DENIED. DISCUSSION: Motion To Set Aside Default Plaintiff's Evidentiary Objections Declaration of Vincent W. Davis No. 1: SUSTAINED. Hearsay; lack of personal knowledge. “Statements in a declaration on information and beli...

Excerpt: ...be relieved as counsel for Defendants Super Denim Sewing, LLC and Luis Ramirez. TENTATIVE RULING: <0056000300570052000300 00590048004700030044>s counsel for Defendants Super Denim Sewing, LLC and Luis Ramirez are GRANTED. DISCUSSION: Motions To Be Relieved As Counsel Attorney Jeffrey Epstein moves to be relieved as counsel for Defendants Super Denim Sewing, LLC and Luis Ramirez. California Rules of Court, Rule 3.1362 requires that the following M...

Excerpt: ...ts allowed the book rights options—necessary for viable screenplays—to expire without given Plaintiff an opportunity to purchase the book rights. Defendants Brian Oliver and MTB Productions and Marketing, Inc. move to strike portions of the Complaint. TENTATIVE RULING: Defendants Brian Oliver and MTB Productions and Marketing, Inc.'s motion to strike is DENIED as to the “Seaman Agreement” attached as Exhibit B to the Complaint and ¶¶ 18...

Excerpt: ... RULING: Defendant General Motors, LLC's demurrer to the first amended complaint is SUSTAINED with 20 days leave to amend as to the seventh cause of action. The hearing on the motion to strike is CONTINUED to August 24, 2018. Defendant is to attempt to meet and confer regarding punitive damages and to file a meet and confer declaration by August 17, 2018. However, if Plaintiffs file an amended complaint before the continued hearing, the motion to...

Excerpt: ... PARTY(S): Defendant, LDI Trucking, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff, in his capacity as receiver of Ullico Casualty Company, in liquidation, alleges that Defendant has failed to pay a workers' compensation deductible due in the amount of $162,785.68. Plaintiff moves for summary judgment or, in the alternative, summary adjudication. On December 15, 2017, the Court denied Plaintiff's MSJ/MSA. However, the Court offere...

Excerpt: ...e sanctions. TENTATIVE RULING: Plaintiff Northern California Collection Service, Inc.'s the motion for terminating sanctions against Defendant Bella D is GRANTED. Defendant Bella D's answer is hereby ordered stricken and its default entered. Plaintiff may submit a default judgment prove-up package. DISCUSSION: Motion For Terminating Sanctions Plaintiff Northern California Collection Service, Inc. moves for terminating sanctions or alternatively e...

Excerpt: ...ersonal jurisdiction and to dismiss action. TENTATIVE RULING: Defendant Rasheed Soofi, in pro per's motion to quash service of summons for lack of personal jurisdiction and to dismiss action is placed OFF-CALENDAR. Defendant did not reserve a hearing date in the Court Reservation System. Defendant may reserve a hearing date for this motion via the Court Reservation System. For purposes of this motion only, the date upon which the motion was filed...

Excerpt: ...f had abandoned its storage unit being rented from Defendant, and Defendant disposed of Plaintiff's property. Defendant William Warren Properties, Inc. dba Storequest – Hollywood/Sunset demurs to the first amended complaint and moves to strike portions thereof. <001b000f00030014001c00 000f000300160014000f[ Prayer for Relief, ¶¶ 1, 3, 4 and 6 in their entirety is DENIED. <001a0003004c0051000300 0057004c005500480057[y is GRANTED with leave to a...

Excerpt: ... property, and an accounting from the co- owner. Plaintiff moves to compel compliance with the demand for inspection served upon Defendant Slager, and requests sanctions. TENTATIVE RULING: <0048004400030036004e00 00030014001300130014[071's motion to compel compliance with the demand for inspection served upon Defendant Slager is GRANTED. Within 20 days, Defendant Slager is to either: (1) produce of responsive documents, as Defendant indicated wou...

Excerpt: ...roperty, as well as causing a nuisance with construction and irrigation activities. Defendant also allegedly committed a battery against Plaintiff Susan Corso. Defendant filed a Cross-Complaint alleging that Plaintiffs have engaged in a campaign of harassment and intimidation to force Cross-Complainant to relinquish his easements over Cross- Defendants' property. <0047000300330011000300 00470003003600580056[an Corso bring an anti-SLAPP special mo...

Excerpt: ...ility in terms of overtime and work hours. Defendant City of Long Beach moves for summary judgment or, in the alternative, summary adjudication. TENTATIVE RULING: Defendant City of Long Beach's motion for summary judgment is DENIED. Defendant's motion for summary adjudication is DENIED as to Issue No. 1 re: the first cause of action for disability discrimination, Issue No. 2 re: the first cause of action for retaliation, Issue No. 3 re: the secon...

Excerpt: ...ves to transfer this action to San Bernardino County. TENTATIVE RULING: Defendant P & R Paper Supply Company, Inc.'s motion to transfer to San Bernardino County is GRANTED. Plaintiff's counsel is ordered to pay to the Superior Court the costs of the $50 transfer fee pursuant to Item 59 of the Los Angeles County Superior Court fee schedule (2017). DISCUSSION: Request For Judicial Notice Plaintiff's request that the Court take judicial notice of th...

Excerpt: .../b/a CallMD. TENTATIVE RULING: The hearing on Attorney Niv V. Davidovich's motion to be relieved as counsel is CONTINUED to August 13, 2018. Moving attorney is to file and serve the mandatory Judicial Council Form MC-053 [Proposed Order] and to give notice of the continuance. DISCUSSION: Motions To Be Relieved As Counsel California Rules of Court, Rule 3.1362 requires that the following Mandatory Judicial Council forms be filed for a motion to be...

Excerpt: ...itted, yet Defendants intentionally concealed the fact from Plaintiff in connection with the sale of the subject property to Plaintiff. Defendants filed a cross-complaint for indemnity and contribution against new parties. Defendants Sotheby's International Realty, Inc. and Sharon Alperin move for summary judgment or, in the alternative, summary adjudication. TENTATIVE RULING: Defendants Sotheby's International Realty, Inc. and Sharon Alperin's m...

Excerpt: ...tiff moves for an order issuing a concurrent or alternative stay of enforcement of this Court's November 14, 2017 Order awarding Defendant Schnitt attorneys' fees and costs, as well as an order releasing the liens effectuated by Schnitt's filing of abstracts of judgment and a California Secretary of State Notice of Judgment Lien, and an order preventing the creation of any future liens. TENTATIVE RULING: Plaintiff's motion for an order pursuant t...

Excerpt: ... against her. TENTATIVE RULING: Defendant Sarah O'Connor's motion to set aside entry of default is DENIED. The answer filed by Defendant Sarah O'Connor on May 31, 2018 is ordered stricken as having been filed in violation of law. CCP § 436(a). DISCUSSION: Motion To Set Aside Default Defendant Sarah O'Connor moves to set aside the entry of default against her. (b) The court may, upon any terms as may be just, relieve a party or his or her legal r...

Excerpt: ...ff's supervisor, began sexually harassing Plaintiff. Defendants County of Los Angeles and Marcus Harris move for leave of Court to conduct Plaintiff's mental examination. TENTATIVE RULING: Defendants County of Los Angeles and Marcus Harris's motion for leave to conduct Plaintiff's mental examination is GRANTED. DISCUSSION: Defendants County of Los Angeles and Marcus Harris move for leave of Court to conduct Plaintiff's mental examination. CCP § ...

Excerpt: ...or Defendant Velasco sexually harassed her by requesting sexual favors in return for Plaintiff getting an open job position. Plaintiff moves for leave to file a first amended complaint. TENTATIVE RULING: Plaintiff Martha Ortiz's motion for leave to file a first amended complaint is GRANTED. DISCUSSION: Motion For Leave To Amend The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading. CCP 4...

Excerpt: ... it is asserted by Plaintiff Victor Carvallo, unless Plaintiff demonstrates a reasonable possibility of successful amendment. Otherwise, the case shall proceed with Gabrielle Thomas as the sole named Plaintiff. DISCUSSION: Demurrer Meet and Confer The Declaration of Luke Holladay reflects that Plaintiff's counsel did not respond to meet <001100170014000b004400 [ Analysis 1. First and Only Cause of Action (PAGA). Defendant argues that, as to Plain...

Excerpt: ...ch 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 Service, Inc. and Pin...

Excerpt: ...rred Plaintiff. Defendant Edmund Negari moves for sanctions against Plaintiff and her counsel pursuant to CCP § 128.7. TENTATIVE RULING: Defendant Edmund Negari's motion for sanctions against Plaintiff and her counsel pursuant to CCP § 128.7 is DENIED without prejudice. DISCUSSION: Motion For Sanctions (CCP § 128.7). Safe Harbor Defendants complied with the 21-day safe harbor provision by serving a copy of the proposed Motion upon Plaintiff's ...

Excerpt: ...e 101—Pa01a Caldera, Doe 102—Mian Guo, Doe 103—Jia Shenz Doe 104—Yunying Liz and Doe 105—Min Zhou; (2) Plaintiff/Cross-Defendant A.C A. LLC and Cross-Defendant Damian Akhavi STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that, Seifer, who owned the building prior to Plaintiff purchasing it, assigned her claims against Defendant Holmstrom, resident property manager, and his co- conspirators, tenants of the building. It...

Excerpt: ...ely account for rental income generated by the property. Defendants Sunzone Real Estate Group Inc., dba The Real Estate Group, Joseph Yarman and Robin Jordan move for leave to file a cross-complaint against Plaintiff's current property managers, Victor Martinez and Martinez & Associates, Inc., who are not currently parties to the action. TENTATIVE RULING: Defendants Sunzone Real Estate Group Inc., dba The Real Estate Group, Joseph Yarman and Robi...

Excerpt: ...o the true surveyed property line between her property and Defendants' property. Defendant Cameron M. Flanagan brings a motion for sanctions pursuant to CCP § 128.7(b). TENTATIVE RULING: Defendant Cameron M. Flanagan motion for sanctions pursuant to CCP § 128.7(b) is DENIED. The motion was filed before the full 21-day safe harbor period had elapsed. Plaintiff's counter-request for sanctions is DENIED. The motion was denied solely on procedural ...

Excerpt: ...s, and derivatively on behalf of 123 Los Robles, LLC RESPONDING PARTY(S): (1) Plaintiff Albert Barrios, an individual, on behalf of other stakeholders, and derivatively on behalf of 123 Los Robles, LLC; (2) Defendant Patrick Chragchian STATEMENT OF FACTS Plaintiff alleges that Defendants breached their fiduciary duties to a limited liability company by giving an easement to an entity Defendants owned which benefited Defendants. Defendant Patrick ...

Excerpt: ...ateral difficulties, including left leg pain and dysfunction in the left quadriceps muscle, exogenous bony overgrowth in the later aspect near the lumbar plexus bilateral, nerve root compression, subsequent corrective surgery and inoperable fused vertebrae nerves, among other injuries. Defendants Russell W. Nelson, M.D. and Nelson Spine Institute move for summary judgment. TENTATIVE RULING: Defendants Russell W. Nelson, M.D. and Nelson Spine Inst...

Excerpt: ...ant Martin D Singer; (2) (4) Plaintiff Janice D ickson STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS Plaintiff Janice Dickinson: a well-known fashion model: alleges that Defendant Bill Cosby: the celebrity, issued two press releases in November 2014 through his attomey, Defendant Martin D. Singer, which accused Plaintiff of lying when she disclosed in a television interview that Defendant Cosby had drugged and raped her in 1982. Plaintiff brings...

Excerpt: ...discrimination against Plaintiffs. Defendant Adel Al-Sumait demurs to the Complaint. TENTATIVE RULING Defendant Adel Al-Sumait's demurrer to the Complaint is OVERRULED as to the first, third, and fifth causes of action, and SUSTAINED as to the second cause of action. Whether leave to amend is granted or not will be determined at the hearing. DISCUSSION Defendant Adel Al-Sumait demurs to the Complaint. Meet and Confer It appears that the meet and ...

Excerpt: ... PMQ. TENTATIVE RULING: Plaintiff Jerome Christensen's motion to compel the further deposition of Defendant's PMQ is GRANTED as to Categories 5 – 21. DISCUSSION: Demurrer Plaintiff Jerome Christensen moves to compel the further deposition of Defendant General Motors, LLC's PMQ. Discussion: <0033004f0044004c005100 004f0048004700030057>o comply with CRC Rule 3.1345(a)(4), which requires that a separate statement accompany a motion to compel answe...

Excerpt: ...MENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs are residents of a mobile home park. Plaintiffs alleges that Defendants have failed to maintain the common areas. Plaintiffs also allege a series of unrelated acts of rudeness and intimidation by various Defendants as well as refusal to approve buyers of Plaintiffs' mobile homes. Defendants Westmont Corporation d/b/a Wildwood Mobile Home Country Club, Mark Rutherford, Jo Davenport, Gary Davenp...

Excerpt: ...deposition subpoena for employment records issued by Defendant Sky Luxury Corp., Inc. to the Custodian of Records for both Verlaine Restaurant and Lolli Swim. TENTATIVE RULING: Aside from the order striking the reference to the period May 2006 to February 2014 from the subpoena issued to Verlaine Restaurant, Plaintiff Brigitte Tran's motion to quash or modify the employment record subpoenas, and request for sanctions, is DENIED. DISCUSSION: Motio...

Excerpt: ... strike portions thereof. TENTATIVE RULING The hearing on Defendant Michael Cornwell's demurrer and motion to strike re: the Complaint is CONTINUED to August 6, 2018. These motions were served at 5011 Dudley <00030003002b0052005a00 005500030057004b0048[ Complaint, the address on file with the Court for Plaintiff's counsel is 2180 Harvard Street, Ste. 160, Sacramento, CA 95815. No opposition was filed, so there are no assurances that Plaintiff's c...

Excerpt: ...y trade secrets to compete with Plaintiff, in violation of non- disclosure, non-solicitation and non-compete clauses. Defendants field a cross-complaint seeking declaratory relief that the non-disclosure, non-solicitation, and non-compete clauses are unenforceable. TENTATIVE RULING Defendants Calcorr, LLC and Tyler James' demurrer to the first amended complaint is SUSTAINED without leave to amend as to to the first and second causes of action as ...

Excerpt: ... Hue Hollins is GRANTED. The next hearing in this case is set for August 17, 2018, 8:30 a.m. for a Case Management Conference. Given the circumstances of this case, if the plaintiff (or his new lawyer) fails to appear, this case will be dismissed. DISCUSSION: Motions To Be Relieved As Counsel California Rules of Court, Rule 3.1362 requires that the following Mandatory Judicial Council forms be filed for a motion to be relieved as counsel: Notice ...

Excerpt: ...d that caused health problems for Plaintiffs. Defendant Christopher Smith demurs to the Complaint and moves to strike portions thereof. Defendant Mark Rowlands demurs to the Complaint. TENTATIVE RULING: Defendant Christopher Smith's demurrer to the Complaint is SUSTAINED with 30 days leave to amend as to the seventh, eighth, and ninth causes of action and without leave to amend as to the eleventh and twelfth causes of action, unless Plaintiffs ca...

Excerpt: ...ry School. Plaintiff moves for leave to file a third amended complaint. TENTATIVE RULING: Plaintiff Christine Castillo's motion for leave to file a third amended complaint is DENIED. DISCUSSION: Motion for Leave To Amend Complaint Plaintiff moves for leave to file a third amended complaint to add additional causes of action for: (1) Retaliation in Violation of Labor Code Section 98.6; (2) Retaliation in Violation of Labor Code § 1102.5; (3) Fail...

Excerpt: ...prescriptive easement in their favor relative to portions of a stairway located on Defendants' property. Defendant filed a cross-complaint alleging that the stairway landing located on Plaintiff's property was constructed without permits, and that Robertson, who sold the property to Defendant, falsely stated that he had given Plaintiffs permission to use the stairway. Plaintiffs move for summary judgment or, in the alternative, summary adjudicati...

Excerpt: ...e and Kam P. Lee Accountancy Corp. TENTATIVE RULING: Defendant David Kuo's motion to modify the subpoenas served by Plaintiff upon third parties Kam P. Lee and Kam P. Lee Accountancy Corp is GRANTED as set forth below as to <0016000300100003001600 0031002c002800270003[as to Requests Nos. 17 – 19 DISCUSSION: Motion To Modify Subpoenas Defendants move to modify the subpoenas served by Plaintiff upon third parties Kam P. Lee and Kam P. Lee Account...

Excerpt: ...ATERIAL FACTS AND/OR PROCEEDINGS Plaintiffs alleged that Defendants have illegally converted an industrial unit to apartment units rented out to Plaintiffs. Defendants Downtown Prime, LLC, Moses Babazadeh, David Baradarian, and Pedram Yadidsion move for a protective order regarding requests for admission (set one) served by Plaintiffs and request monetary sanctions. TENTATIVE RULING The hearing on Defendants' motion for protective order is CONTIN...

Excerpt: ...ct was incomplete due to the failure of the general contractor—insisted upon by ECCU as a condition of the loan— failed to complete the project. Defendant ECCU conducted a trustee's sale and Plaintiff was locked out of the subject property, while ECCU's security guards stole Plaintiff's personal property. Defendant J.D. Diffenbaugh, Inc. moves for dismissal due to Plaintiff's failure to timely serve Defendant J.D. Diffenbaugh, Inc. within 3 y...

Excerpt: ...summary judgment or, in the alternative, summary adjudication as to the complaint. TENTATIVE RULING: Defendant Kaiser Foundation Hospital's motion for summary judgment is GRANTED. DISCUSSION: Defendant's Evidentiary Objections <0052005800550057000300 00030057005200030055[ule on Defendant's evidentiary objections, which are asserted against Plaintiff's evidence which is not material to the disposition of this matter. Motion For Summary Judgment As...

Excerpt: ...ndants' property. Defendant filed a cross-complaint alleging that the stairway landing located on Plaintiff's property was constructed without permits, and that Robertson, who sold the property to Defendant, falsely stated that he had given Plaintiffs permission to use the stairway. Defendant/Cross-Complainant 23936 Malibu, LLC moves for leave to file a second amended cross-complaint. TENTATIVE RULING: Defendant/Cross-Complainant 23936 Malibu, LL...

Excerpt: ...intiff to urgent care instead of calling 911. Defendants Davron Rashidov and Rapid Window Tinting, LLC filed a Cross-complaint against Defendants Juan Bautista and Hollywood Car Wash for indemnity and contribution. Defendant Rapid Window Tinting, LLC moves for judgment on the pleadings. TENTATIVE RULING Defendant Rapid Window Tinting, LLC's motion for judgment on the pleadings as to the entire Complaint is DENIED. DISCUSSION Meet and Confer It ap...

Excerpt: ...ald P. Crasnick, individually and as Trustee of the 1979 Ehrlich Investment Trust RESPONDING PARTY(S): Plaintiffs Andrea Marosi, individually and as Guardian Ad Litem for Minor Brookelynn Colbert, Eva Marosi and Gyorgy Marosi STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs allege that the apartment unit they rented from Defendants was uninhabitable. Defendants move to transfer this action to the Riverside Superior Court – Palm Spring...

Excerpt: ...nt of Plaintiff's property, resulting in severe damage. As to adjacent landowner Merrifield, Plaintiffs allege that the Merrifield Property, immediately downslope of Plaintiffs' property, was negligently constructed and maintained for structural support for the slope and slope maintenance, so as to contribute to the subsidence and landsliding that damaged Plaintiffs' property. Plaintiff/Cross-Defendant Joni Smith moves to bifurcate the trial. TEN...

Excerpt: ...ked JLG Lift encroaching on the roadway of Sunset Blvd. Various Defendants filed Cross-Complaints. Defendant Bobco Metals, LLC brings a motion for summary judgment only. TENTATIVE RULING: Defendant Bobco Metals, LLC's motion for summary judgment is DENIED. DISCUSSION: Request For Judicial Notice Plaintiff's request for judicial notice that at the tmie of the accident the lift was parked in violation of the Encroachment Permit and in violation of ...