Excerpt: ...t Plaintiff's construction activities were deficient and Defendants refused to remedy these defects. <0057004c00520051000f00 00590048005600030057[o compel inspection of property and requests sanctions. TENTATIVE RULING: Plaintiff Lucas Brothers Construction, Inc.'s motion for an order compelling inspection of property and for monetary sanctions is DENIED. DISCUSSION: Motion For An Order Compelling Inspection of Property The motion to for an order...

Excerpt: ...as it was a warehouse illegally converted to a live-work loft. Moreover, the property has habitability problems which have not been fixed. Defendants Donegan McCuaig filed a cross-complaint for indemnification. Defendants Downtown Prime, LLC, David Baradarian, Moses Babazadeh, Pedram Yadsion and Shahram Shamsian filed a cross-complaint for indemnity and alleging breaches of fiduciary duty. Cross-Defendants Quixotic Realty, Inc. and Donegan McCuai...

Excerpt: ...ss-complaints for indemnity. Plaintiff Novell Studio, Inc. move for reconsideration of the Court's January 29, 2018 ruling sustaining the demurrer to the first amended complains as to the third and sixth causes of action with leave to amend. TENTATIVE RULING: Plaintiff Novell Studio, Inc.'s motion for reconsideration of the Court's January 29, 2018 ruling sustaining the demurrer to the first amended complains as to the third and sixth causes of a...

Excerpt: ...fendant Residential Bancorp's motion for a continuance of the trial date is GRANTED. The October 15, 2018 trial date is continued to April 22, 2018. The final status conference is set for April 15, 2019. All related discovery, motion and expert demand cutoff dates are to be calculated in reference to the new trial date. DISCUSSION Motion To Continue Trial Date Defendant's request for judicial notice of the Trustee's Deed Upon Sale recorded on Feb...

Excerpt: ...tiff Angeles White; (2) Third-Party Bunim-Murray Productions; <000300030003000b001600 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 Plaintiff on social media. Defendants Defendants Kris Jenner, Ki Kardashian West, Khloe Kardashian...

Excerpt: ...s in default and cannot appear unless and until his default is set aside. DISCUSSION: Motion To Quash Defendant served this motion by mail to 325 N. Maple Dr., Beverly Hills, CA 90012;. However, the address listed on the Complaint for Plaintiff in pro per is 13701 Riverside Drive, Sherman Oaks, CA 91423. More fundamentally, on March 27, 2018, default was entered against moving Defendant Baramily. A motion to quash service of summons on the ground...

Excerpt: ...al Male Defendant brings a “petition” (actually a motion) to compel arbitration per a non-disclosure agreement between the parties. TENTATIVE RULING: Defendant Confidential Male Defendant's motion to compel arbitration is GRANTED. However, Defendant's request that the case be dismissed is DENIED. Instead, the litigation is ordered stayed pending arbitration pursuant to CCP § 1281.4. DISCUSSION: Motion to Compel Arbitration Plaintiff's Eviden...

Excerpt: ...cov (Jake) Metzler's demurrer to the entire first amended complaint is OVERRULED. The demurrer to the first, fifth and sixth causes of action is SUSTAINED with 30 days leave to amend. Plaintiff will only be given one more opportunity to amend. DISCUSSION: Demurrer Meet and Confer The Declaration of William A. Meyers reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. Request For Judicial Notice Defendant reques...

Excerpt: ...d Bakersfield, the School Districts of Los Angeles, McFarland, Visalia and Kern, the Health Care District of Tehachapi, ex al. Med-Legal Associates, Inc. and CLCI, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Qui tam action alleging that Defendant Bruce E. Fishman lied on his application (concealing a felony conviction) to serve as a qualified medical evaluator (“QME”) in connection with the examination of injured workers for purposes...

Excerpt: ...a Caldera, Doe <0051004a0003002f004c00 0f00030044005100470003[ 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 is alleged that Defendant...

Excerpt: ...tion, Inc. and George Molina move for bifurcation of trial on the issues of the classification and prevailing wage rate of the Plaintiffs for the period in which Plaintiffs were employed by Defendant Interior Demolition, Inc. TENTATIVE RULING: Defendants Interior Demolition, Inc. and George Molina's motion to bifurcate is GRANTED. DISCUSSION: Motion To Bifurcate Defendants' request that the Court take judicial notice of documents filed in this ca...

Excerpt: ...CEEDINGS: Plaintiff alleges that Defendants refused to end life support for her husband based on her instructions pursuant to her durable power of attorney because Defendants wanted to prolong decedent's life support to continue to receive Medicare payments until such payments were exhausted. Defendant CHA Hollywood Medical Center, L.P. dba Hollywood Presbyterian Medical Center (“HPMC”) and Defendant CHA Health Systems, Inc. (“CHA) separate...

Excerpt: ...lleges that Defendant has failed to account to Plaintiff for her 50% interest in Defendant Global Valley, LLC. Defendant David Kuo moves for appointment of a discovery referee to preside over the deposition of David Kuo in this matter at a neutral location and to report findings and make recommendations to the Court regarding the same. Plaintiff Weijing Zhao aka Jessie Zhao moves for the imposition of monetary sanctions and to compel responses an...

Excerpt: ...discrimination. Defendant Los Angeles Unified School District Group moves for judgment on the pleadings as to the second amended complaint. TENTATIVE RULING: Defendant Los Angeles Unified School District's motion for judgment on the pleadings is DENIED as to the fourth, fifth and sixth causes of action. Plaintiff's request for leave to amend the complaint is DENIED. DISCUSSION: Meet and Confer Pursuant to the Court's instructions and continuance ...

Excerpt: ...iff's supervisor, began sexually harassing Plaintiff. Defendants County of Los Angeles and Marcus Harris move to compel the deposition of subpoenaed witness Michelle Anderson, who failed to appear for her May 9, 2018 deposition. TENTATIVE RULING: Defendants County of Los Angeles and Marcus Harris's motion to compel the deposition of subpoenaed third-party witness Michelle Anderson is GRANTED. DISCUSSION: Motion To Compel Deposition of Subpoenaed ...

Excerpt: ...ant City of Los Angeles's demurrer to the Complaint is SUSTAINED with leave to amend as to the first through fifth causes of action. DISCUSSION: Meet and Confer The Declaration of Stacey Anthony reflects that an attempt to meet and confer was made, but Plaintiff's counsel did not respond until the day before the deadline for the demurrer to be filed. This satisfies the meet and confer requirement set forth at CCP § 430.41(a)(3)(B)(party who file...

Excerpt: ...ies 2006-AR3 RESPONDING PARTY(S): Plaintiff Ronald E. Cole, in pro per STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for violation of the California Homeowners' Bill of Rights and associated claims. Defendants Nationstar Mortgage LLC, Mortgage Electronic Registration Systems, Inc. (“MERS”), and The Bank of New York Mellon fka The Bank of New York as Successor in Interest to JP Morgan Chase Bank, N.A., as Trustee for Struct...

Excerpt: ...o opposition filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs allege that Defendant attorney Glenn Murphy committed malicious prosecution by targeting Plaintiffs in three substantially identical, frivolous disability and race discrimination lawsuits against Plaintiffs. Defendant Glenn Murphy moves for issue, evidence and/or monetary sanctions. Plaintiff applies for an order fixing date and time for inspection and copying of docum...

Excerpt: ...trike portions thereof. TENTATIVE RULING: Defendants Kay Wilson and Stephen Kramer's demurrer to the entire Complaint is OVERRULED. The motion to strike is DENIED. Defendants are ordered to answer the Complaint within 20 days. DISCUSSION: Demurrer Meet and Confer The Declaration of Aaron Charles Gregg reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. Analysis: 1. Entire Complaint Defendants demur to the entir...

Excerpt: ...or Plaintiffs' industry accomplishments, concepts and creations and have utilized Plaintiffs' trade secrets in Defendants' own business dealings. Defendants American Development Center, LLC, ADC Downey, LP, Industrial Realty Group, LLC, IRG Downey, LLC and Stuart Lichter demur to the 3AC. TENTATIVE RULING: Defendants American Development Center, LLC, ADC Downey, LP, Industrial Realty Group, LLC, IRG Downey, LLC and Stuart Lichter's demurrer to th...

Excerpt: ...mplaint and moves to strike portions thereof. TENTATIVE RULING: Defendant General Motors, LLC's demurrer to the complaint is SUSTAINED with s leave to amend as to the seventh cause of action. Defendant's motion to strike the prayer for punitive damages at ¶ f., page 16:10 is GRANTED with leave to amend. DISCUSSION: Demurrer Meet and Confer The Declaration of Sean Morrissey reflects that the meet and confer requirement set forth in CCP § 430.41 ...

Excerpt: ...ment on the pleadings. TENTATIVE RULING: Defendant Patricia B. Wan's motion for judgment on the pleadings as to the Complaint is GRANTED. Since it appears that there is no reasonable possibility of successfully amending the Complaint, consistent with this ruling, leave to amend is DENIED. DISCUSSION Meet and Confer The Declaration of Andrew W. Twietmeyer reflects that moving party engaged in meet and confer efforts as required by CCP § 439. Anal...

Excerpt: ...Defendant Li Hsiu-Chu Hsu moves for a further continuance of the trial date. TENTATIVE RULING: The court has read and considered all pleadings in connection with this matter. No tentative is issued at this time. Counsel to appear and argue, or in the alternative, they may submit on their respective pleadings. DISCUSSION Motion To Continue Trial Date Defendant Li Hsiu-Chu Hsu moves for a further continuance of the trial date of 6 to 9 months. <005...

Excerpt: ...arbara, the Cities of Los Angeles and Bakersfield, the School Districts of Los Angeles, McFarland, Visalia and Kern, the Health Care District of Tehachapi, ex al. Med-Legal Associates, Inc. and CLCI, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Qui tam action alleging that Defendant Bruce E. Fishman lied on his application (concealing a felony conviction) to serve as a qualified medical evaluator (“QME”) in connection with the examina...

Excerpt: ...aintiff alleges that she was constructively terminated. <0048000300260052005800 0051004a000300440003[motion to compel production of text messages between Plaintiff and witness Rachel Owen. TENTATIVE RULING: <0046004f004c0048005100 0048004a00480003005a[hich may exist as to the subject text messages has been waived. The Court will conduct an in camera review of the unredacted subject text messages regarding the attorney work product privileged. Pla...

Excerpt: ...filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff seeks to enjoin a non-judicial foreclosure due to Defendants' failure to contact Plaintiff to assess his financial situation or to explore his foreclosure prevention alternatives. Defendants Bank of America, N.A. and The Bank of New York Mellon, fka, The Bank of New York, as Successor Indenture Trustee to JP Morgan Chase Bank, N.A., as Indenture Trustee for the CWABS Revolving Home ...

Excerpt: ...nts 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 to strike[1] portions of the Complaint. TENTATIVE RULING Defendants Downtown Prime, LLC, Moses Babazadeh, David Baradarian, and Pedram Yadidsion's motion to strike portions of the Complaint at ¶¶ 1 – 5 and 23, ¶ 22:24-25, ¶ 25:21-25 and ¶ 34:10-12 is DENIED...

Excerpt: ...) light technology developed by Plaintiff. Defendants Cory Gamberg, Brian Gamberg, Neal Castleman, DCX-Chol Enterprises, Inc. and Lytepost, Inc. move to strike portions of the second amended complaint. The hearing was continued from a prior date to permit compliance with the meet and confer requirement set forth in CCP § 436. TENTATIVE RULING: Defendants Cory Gamberg, Brian Gamberg, Neal Castleman, DCX-Chol Enterprises, Inc. and Lytepost, Inc.'s...

Excerpt: ...l of La Canada Elementary School. Defendant La Canada Unified School District moves for summary judgment or, in the alternative, summary adjudication as to the second amended complaint. TENTATIVE RULING: Defendant La Canada Unified School District's motion for summary judgment is DENIED. The alternative motion for summary adjudication is DENIED as to Issues Nos. 1 and 2. DISCUSSION: Requests For Judicial Notice Defendant's request that the Court ...

Excerpt: ...iscrimination. Defendant Los Angeles Unified School District Group moves for judgment on the pleadings as to the second amended complaint. TENTATIVE RULING: Defendant Los Angeles Unified School District's motion for judgment on the pleadings is CONTINUED to June 14, 2018. Defendant's counsel is ordered to meet and confer with Plaintiff's counsel and to file a meet and confer declaration as required by CCP § 439(a)(3) (effective January 1, 2018) ...

Excerpt: .... TENTATIVE RULING: Defendants Duk Hwan Kim, Gyu Ha Choi and Adeline LA, Inc.'s demurrer to the Complaint is SUSTAINED with leave to amend as to the first and fifth causes of action, SUSTAINED without leave to amend as to the fourth cause of action, and OVERRULED as to the sixth cause of action. Plaintiff is given 30 days leave to amend, consistent with this ruling. DISCUSSION: Demurrer Meet and Confer The Declaration of Ryan J. Derose reflects t...

Excerpt: ...r to the Complaint. TENTATIVE RULING: Plaintiff Electric Turn Investments, Limited's demurrer to the answer is SUSTAINED with leave to amend as to the second through tenth causes of action, and SUSTAINED without leave to amend as to the first and eleventh affirmative defenses. DISCUSSION: Demurrer The Declaration Max J. Sprecher reflects that the meet and confer requirement was satisfied because Defendant's counsel did not respond to meet and con...

Excerpt: ...plaint alleging that she was deceived into working for Cross- Defendants in violation of wage and hour laws and was subjected to sexual harassment by Cross- Defendant Tony Dow. Cross-Defendant International Patients Network, Inc. moves for summary adjudication as to only the second cause of action to the first amended cross-complaint. TENTATIVE RULING: Cross-Defendant International Patients Network, Inc.'s motion for summary adjudication is GRANT...

Excerpt: ...t and disability harassment and was eventually terminated. Plaintiffs Carlos Ramon Rubio, Jennifer Rubio, Emily Rubio, by and through her guardian ad Litem, to proceed as successor in interest to Maria Teresa Lopez move for an order permitting discovery of Defendant's financial condition. TENTATIVE RULING: Plaintiffs Carlos Ramon Rubio, Jennifer Rubio, Emily Rubio, by and through her guardian ad Litem, to proceed as successor in interest to Maria...

Excerpt: ... Plaintiff/Cross-Defendant Roberto Espino brings an anti-SLAPP special motion to strike as to the cross-complaint. TENTATIVE RULING: Plaintiff/Cross-Defendant Roberto Espino's anti-SLAPP special motion to strike is GRANTED as to the first and second causes of action in the Cross-Complaint. Since there are no more named parties in the Cross-Complaint (except DOES), the Cross-Complaint is hereby dismissed in its entirety with prejudice. Moving part...

Excerpt: ...o reimburse Plaintiff, and Defendants evicted Plaintiff when he withheld rent for his costs of repair. Defendants Maheshchandra Surti and Prabha Surti move for judgment on the pleadings. TENTATIVE RULING: Defendants Maheshchandra Surti and Prabha Surti's motion for judgment on the pleadings as to the Complaint is GRANTED. Whether leave to amend is allowed to any of the causes of action in the complaint will depend as to whether Plaintiff demonstr...

Excerpt: ...tion. Defendant Men's Warehouse moves to change venue on the grounds that any and all alleged wrongful conduct occurred at a store locations in Orange County, including Brea, Orange and Mission Viejo. Plaintiff resigned at the Mission Viejo store. TENTATIVE RULING: Defendant Men's Warehouse's motion to change venue is DENIED. DISCUSSION: Motion To Change Venue Analysis: Defendant Men's Warehouse moves to change venue to Orange County Superior Cou...

Excerpt: ...sment. Plaintiff also alleges that he was discriminated against in terms of pay on the basis of his sexual orientation and race. Defendants Ogletree, Deakins, Nash, Smoak & Stewart, P.C. move to compel arbitration. TENTATIVE RULING: Plaintiff's request to present oral testimony at the hearing is DENIED. Defendants Ogletree, Deakins, Nash, Smoak & Stewart, P.C. and Johnnie James's motion to compel arbitration is GRANTED. The litigation is ordered ...

Excerpt: ...mplaint is SUSTAINED without leave to amend as to the first through eleventh causes of action, unless Plaintiff demonstrates a possibility of successful amendment. If leave to amend is not granted to any of these causes of action, upon motion by either the moving party or plaintiff, the moving party shall be dismissed from this entire action with prejudice. CCP § 581 (f)(1). DISCUSSION: Demurrer Meet and Confer The Declaration of Dane Harrison T...

Excerpt: ...laintiff's donors. Attorney William R. Hess, counsel for Plaintiff Dedication and Everlasting Love to Animals TENTATIVE RULING: <0055000300520051000300 005c0003002d00580047>icial Council Form MC-053, properly filled out, was served and filed, Attorney William R. Hess's motion to be relieved as counsel for Plaintiff Dedication and Everlasting Love to Animals is GRANTED. Otherwise, the hearing will be continued an additional 14 days. As said Plaint...

Excerpt: ...C's motion for protective order is DENIED. DISCUSSION: Motion For Protective Order Plaintiff's Evidentiary Objections In light of the Court's finding below regarding the Declaration of Huizhen Lu, the Court deems Plaintiff's evidentiary objections to be moot. Analysis Defendant General Motors, LLC moves for entry of its proposed protective order, which imposes more restrictions on the use of documents designated as highly confidential by Defendan...

Excerpt: ...was deceived into working for Cross- Defendants in violation of wage and hour laws and was subjected to sexual harassment by Cross- Defendant Tony Dow. Cross-Defendant May Dow moves for summary adjudication as to the first amended cross-complaint. TENTATIVE RULING: Cross-Defendant May Dow's motion for summary judgment is DENIED. Motion For Summary Judgment <0044004a0044004c005100 004a0003002600550052[ss-Defendant May Dow is the first cause of act...

Excerpt: ...ge to their property. Defendants John Peri and Montan Peri move to compel responses to special interrogatories, set one, from Plaintiff Katherine Dymond, and request the imposition of sanctions. TENTATIVE RULING: If not mooted prior to the hearing, Defendants John Peri and Montan Peri's motion to compel responses to special interrogatories, set one, from Plaintiff Katherine Dymond is GRANTED. Verified, code compliant responses without objection a...

Excerpt: ...first amended complaint. TENTATIVE RULING: Defendants New Penn Financial, LLC dba Shellpoint Mortgage Servicing and MTGLQ Investors, LP's demurrer to the first amended complaint is SUSTAINED. Whether leave to amend will be granted will depend on any offer of proof by the Plaintiff as to how she could successfully amend her complaint consistent with this ruling. DISCUSSION: Demurrer Meet and Confer The Declaration of Sharon K. Brown reflects that ...

Excerpt: ...otion appears not to have been properly served upon Plaintiff. Moreover, Defendant currently is in default and cannot appear unless and until his default is set aside or a default judgment has been entered – neither of which have yet to occur. DISCUSSION: Motion To Quash Defendant served this motion by mail to 325 N. Maple Dr., Beverly Hills, CA 90012;. However, the address listed on the Complaint for Plaintiff in pro per is 13701 Riverside Dri...

Excerpt: ...ant City of Los Angeles's demurrer to the Complaint is SUSTAINED with leave to amend as to the first through fifth causes of action. DISCUSSION: Meet and Confer The Declaration of Stacey Anthony reflects that an attempt to meet and confer was made, but Plaintiff's counsel did not respond until the day before the deadline for the demurrer to be filed. This satisfies the meet and confer requirement set forth at CCP § 430.41(a)(3)(B)(party who file...

Excerpt: ...ificates, Series 2006-21CB RESPONDING PARTY(S): Plaintiff Zakiya Callaway STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that she was in the process of obtaining a loan modification, but Defendants improperly sold her home at foreclosure. Defendants New Penn Financial, LLC dba Shellpoint Mortgage Servicing and The Bank of New York Mellon fka The Bank of New York as Trustee of the Certificateholders of the CWALT, Inc., Alternati...

Excerpt: ...ater; <000300030003000b001600 00440051005700120026[ross-Complainant Adam Leadbeater; <000300030003000b001700 004c0049004900120026[ross-Defendant Nels Hansen; <000300030003000b001800 00440051005700120026[ross-Complainant Adam Leadbeater RESPONDING PARTY(S): (1) Plaintiff/Cross-Complainant Nels Hansen; Adam Leadbeater and Maral Leadbeater (Cross-Complainants in BC682697) (2) Plaintiff/Cross-Defendant Nels Hansen; <000300030003000b001600 004c0049004...

Excerpt: ...cly “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 ...

Excerpt: ...a Chung, an individual 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, which 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. Defendants DB Insurance Company, formerly known as Dongbu Insurance Company, Ltd....

Excerpt: ... When Plaintiff Jason refused to obey Defendant's instructions to fire and remove Plaintiff Paaren for refusing Defendant's advances, Defendant evicted both Plaintiffs from the premises. Defendant/Cross-Complainant filed a cross-complaint alleging that Plaintiffs/Cross- Defendants misrepresented that they would reside at Cross-Complainant's residence as roommates and offer services to assist him, but instead ate his food, removed tools from the r...

Excerpt: ...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 demur to the first amended complaint and move to strike portions thereof. TENTATIVE RULING: Defendants Jerid R. Maybaum and Jacks & Maybaum LLP's demurrer to the first and second causes of act...

Excerpt: ...n for Plaintiff secured against the home of Plaintiffs. The proceeds of the loan would be use to improve the Miramontes Defendants' deceased father's home and save their home, which was later changed after closing to provide for Defendants to invest in other property. The loan was to be paid back to Plaintiffs by the Miramontes Defendants. Defendants Garcia and Tirado were the undisclosed lenders who were friends of the Miramontes and Defendants ...

Excerpt: ...portions thereof. TENTATIVE RULING: Defendants Barry Weiss & Edmundo Rosenberg's demurrer to the Complaint is OVERRULED as to the first, second and third causes of action. Defendants' motion to strike is DENIED in its entirety. Defendants are ordered to answer the Complaint within 20 days. DISCUSSION: Demurrer Meet and Confer The Declaration of Baruch C. Cohen reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied....

Excerpt: ...ment, which Plaintiff now seek to enforce pursuant to CCP § 664.6. TENTATIVE RULING: Plaintiff Nazila Satvat's motion to enforce the settlement agreement purportedly entered into by the parties by entry of judgment in the amount of $12,000, plus $3,035 in fees and costs, plus 10% interest against Defendant from October 30, 2017 until paid in full, and that the Court retain jurisdiction over the parties to enforce the settlement until performance...

Excerpt: ...ne-half joint ownership 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. Oaktree Law moves to be relieved as counsel for Plaintiff Darryl Lucien. TENTATIVE RULING: Oaktree Law, attorney for Plaintiff Darryl Lucien's motion to be relieved as counsel for Plaintiff Darryl Lucien is GRANTED. DISCUSSION: Motions To Be Relieved As Counsel California Rule...

Excerpt: ... 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 Davenport and Jose Hernandez demur to the fifth amended complaint and moves to...

Excerpt: ... tax return preparation services for Plaintiff. Defendants Tax Resolution Services, Co., Parham Khorsandi, Justin Bina, Negar Taghilou, and Tax Defense Partners, LLC demur to the second amended complaint. TENTATIVE RULING: Defendants Tax Resolution Services, Co., Parham Khorsandi, Justin Bina, Negar Taghilou, and Tax Defense Partners, LLC's demurrer to the fourth cause of action as to Plaintiff Chen is SUSTAINED without leave to amend. The demurr...

Excerpt: ...or make restitution. On December 28, 2017, the Court granted Defendant's ex parte application for an order staying case until February 1, 2018. That stay was subsequently extended to this date. Defendant seeks an extension of the stay to give the parties additional time to discuss resolving the case. TENTATIVE RULING: The Court will entertain argument as to how long a renewed stay should last. Defendant's request that the Court order the parties ...

Excerpt: ...ranted in part and denied in part Defendant's anti-SLAPP special motion to strike. The Court of Appeal reversed the order denying the anti-SLAPP motion and directed to Court to grant the anti-SLAPP motion in its entirety. Defendant now seeks an award of attorney fees pursuant to CCP § 425.16(c). TENTATIVE RULING: Defendant Trider Corporation motion to recover $32,034.50 in attorney's fees and $495.00 in costs is GRANTED. DISCUSSION: Motion For A...

Excerpt: ...ts to sue Plaintiff for housing discrimination to leverage the payment of claims via settlement. As part of the settlement of the discrimination lawsuit (also asserted against Park), Defendant Park assigned his default judgment in LASC Case No. BC557124 to Defendant Wallace. Defendant Iolline Wallace brings an anti-SLAPP special motion to strike. TENTATIVE RULING: Defendant Iolline Wallace's anti-SLAPP special motion to strike the first and only ...

Excerpt: ...Bakersfield, the School Districts of Los Angeles, McFarland, Visalia and Kern, the Health Care District of Tehachapi, ex al. Med-Legal Associates, Inc. and CLCI, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Qui tam action alleging that Defendant Bruce E. Fishman lied on his application (concealing a felony conviction) to serve as a qualified medical evaluator (“QME”) in connection with the examination of injured workers for purposes o...

Excerpt: ...TEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that Defendant, the other member of Hillcrest Center, LLC, drove the LLC into financial ruin and converted its real estate holdings to his own use, and conspired with co-Defendants to acquire the underlying loan and foreclose on the property. Defendant Western Commercial Finance, L.L.C. demurs to the Complaint. TENTATIVE RULING: Defendant Western Commercial Finance, L.L.C.'s demurrer ...

Excerpt: ...e underlying arbitration agreement was void, and that non- compliance with the Hague Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters renders the “default” judgment void for lack of personal jurisdiction. Defendant Rockefeller Technology Investments (Asia) VII moves for sanctions pursuant to CCP § 128.7. TENTATIVE RULING: Defendant Rockefeller Technology Investments (Asia) VII's motion for ...

Excerpt: ... and Kam P. Lee Accountancy Corp. TENTATIVE RULING: The hearing on Defendant David Kuo's motion to modify subpoenas is CONTINUED to June 1, 2017. The parties' joint separate statement, as indicated in the Court's tentative ruling <00130014001b0011000300 005c0003004600520053[y is to be lodged directly in Department 47. DISCUSSION: Motion To Modify Subpoenas Defendants move to modify the subpoenas served by Plaintiff upon third parties Kam P. Lee a...

Excerpt: ...ng decedent's life support to continue to receive Medicare payments until such payments were exhausted. Plaintiff moves for “reconsideration” of the August 2, 2017 ruling granting Defendant Farough Kerendi, M.D.'s motion for summary adjudication, per CCP § 1008 (b). TENTATIVE RULING: Plaintiff Patricia Melton's motion for reconsideration of the August 2, 2017 ruling granting Defendant Farough Kerendi, M.D.'s motion for summary adjudication i...

Excerpt: ...cial discrimination. Defendant The Regents of the University of California move for summary judgment or, in the alternative, summary adjudication as to the second amended complaint. TENTATIVE RULING: Defendant The Regents of the University of California's motion for summary judgment is GRANTED. DISCUSSION: Request For Judicial Notice Defendant requests that the Court take judicial notice of the following: (1) University of California Policy – P...

Excerpt: ...n Zhou; <000300030003000b001700 00440051005700560003[Doe 101—Paola Caldera, Doe 102—Mian Guo, <000300140013001800b200 30004c00510003[ Zhou RESPONDING PARTY(S): (1) Defendant Mian Guo; 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...

Excerpt: ...Associates, moves to be relieved as counsel for Defendant Tom Jung Security, Inc. TENTATIVE RULING: Jason J. Kim and Law Offices of Kim, Au & Associates' motion to be relieved as counsel for Defendant Tom Jung Security, Inc. is GRANTED. As said Defendant cannot represent itself, since it is a corporation, the court sets an OSC re: legal representation for May 31, 2018 at 8:30 am, in D47. If Defendant Tom Jung Security, Inc. does not have an attor...

Excerpt: ...n agreement for Plaintiff to be the exclusive distributor of SolaRack branded solar panel accessories in the United States by marketing these products under Defendant's brand name. Defendant filed a cross-complaint alleging that Plaintiff induced Defendant to drop its customer based in the United States in order to eliminate Defendant as a competitor in the solar energy products market. Plaintiff/Cross-Defendant Direct Solar Supply, Inc. dba Sola...

Excerpt: ... to recall and/or quash writ of execution as to the anti-SLAPP attorneys fees award, pursuant to which writ Plaintiff's bank account has been levied upon. Alternatively, Plaintiff seeks an order in the Court's equitable discretion staying enforcement of the fee award until Plaintiff has had an opportunity to appeal from the fee award, subject to Plaintiff posting an undertaking and/or bond in connection with the fee award. The Court set a further...

Excerpt: ... creditors seeking to levy on the third parties' property. Defendants filed a cross-complaint seeking to set aside allegedly fraudulent encumbrances in favor of Plaintiff, who was the attorney representing the third parties in the underlying action as to which Defendants are the judgment creditors. Plaintiff/Cross-Defendant Mark J. Warfel, in pro per moves to stay the instant proceedings. TENTATIVE RULING: Plaintiff/Cross-Defendant Mark J. Warfel...

Excerpt: ...ct property upon which Plaintiff operates a medical marijuana business based on a different version <004c004a00510048004700 11[ Plaintiffs move for a preliminary injunction restraining and enjoining Defendants from filing an unlawful detainer action against Plaintiffs and taking any other steps to evict Plaintiffs. TENTATIVE RULING: Plaintiffs Jason A. Detamore, Lisa A. Detamore and Advanced Pain Solutions, Inc.'s motion for a preliminary injunct...

Excerpt: ...rds in Plaintiffs' favor. Defendant filed a Cross-Complaint alleging that Plaintiffs have failed to pay attorney's fees owed. Defendant Harold Greenberg moves for summary judgment (but not summary adjudication). TENTATIVE RULING: Defendant Harold Greenberg's motion for summary judgment is DENIED. DISCUSSION: Motion For Summary Judgment Request For Judicial Notice Defendant's request that the Court take judicial notice of court records pertaining ...

Excerpt: ...use and enjoyment of their real property. Plaintiffs Adam Leadbeater and Maral Leadbeater move to compel responses to form interrogatories No. 15.1 and No. 17.1 from Defendant James Hansen and for sanctions. TENTATIVE RULING: Plaintiffs Adam Leadbeater and Maral Leadbeater's motion to compel answer to form interrogatories, and request for sanctions, is DENIED as an untimely motion to compel further responses. Defendant James Hansen, in pro per's,...

Excerpt: ...nt, LLC RESPONDING PARTY(S): Plaintiffs Matthew Winston, individually and as the Manager on behalf of Trousdale AZ, LLC, an Arizona limited liability company, and Palm 504, AZ, LLC an Arizona limited liability company STATEMENT 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. Plaint...

Excerpt: ...s?) light technology developed by Plaintiff. Defendants Cory Gamberg, Brian Gamberg, Neal Castleman, DCX-Chol Enterprises, Inc. and Lytepost, Inc. move to strike portions of the second amended complaint. TENTATIVE RULING: CONDITIONED UPON Defendants filing a meet and confer declaration as required by CCP § 435.5, Defendants Cory Gamberg, Brian Gamberg, Neal Castleman, DCX-Chol Enterprises, Inc. and Lytepost, Inc.'s motion to strike re: the secon...

Excerpt: ...'s motion to be relieved as counsel for Defendant Bella's Kitchen, Inc. is GRANTED. <0048005700030049005200 000f0003001500130014>8 at 8:30 a.m. to determine whether Defendant Bella's Kitchen, Inc. has a new attorney of record, as required by law. If said defendant does not, the court may strike its previously-filed Answer, and enter a default accordingly. DISCUSSION: Motions To Be Relieved As Counsel California Rules of Court, Rule 3.1362 require...

Excerpt: ...g failing to accurately account for rental income generated by the property. Defendant Sunzone Real Estate Group, Inc. dba The Real Estate Group move to quash the business records subpoena issued to third-party Nationwide E&S/Specialty dba Scottsdale Insurance Company. TENTATIVE RULING: Defendant Sunzone Real Estate Group, Inc. dba The Real Estate Group's motion to quash is DENIED as to Requests Nos. 1-3, and GRANTED IN PART as set forth below as...

Excerpt: ... property. Defendants began representing a different buyer in connection with the purchase of the property. Defendants Peak Commercial, Inc. and Rebecca “Becky” Shreve demur to the Complaint and move to strike portions thereof. TENTATIVE RULING: Defendants Peak Commercial, Inc. and Rebecca “Becky” Shreve's demurrer to the Complaint is OVERRULED as to the second, third and fourth causes of action. Defendants' motion to strike is DENIED as ...

Excerpt: ...eal property, and an accounting from the co- owner. Although Plaintiff entitled this motion as one to “compel compliance” with the demand for inspection served upon Defendant Slager, this is actually a motion to compel initial responses to requests for production of documents. TENTATIVE RULING: Plaintiff The IRA Club fbo Dorothea Skene, IRA 1001071's motion to compel an initial response to demand for inspection, set two, from is GRANTED. A ve...

Excerpt: ...lvd. Various Defendants filed Cross-Complaints. Defendant JLG Industries, Inc. brings a motion for summary judgment or, in the alternative, summary adjudication. TENTATIVE RULING: Defendant JLG Industries, Inc.'s motion for summary judgment or, in the alternative, summary adjudication is placed OFF-CALENDAR as MOOT. ALTERNATIVE RULING: Defendant JLG Industries, Inc.'s motion for summary judgment is DENIED. The motion for summary adjudication is G...

Excerpt: ...d/or damage to their property. Plaintiff The City of Los Angeles moves for leave to file a cross-complaint. TENTATIVE RULING: Plaintiff The City of Los Angeles's motion for leave to file a cross-complaint is GRANTED. A stand-alone copy of the cross-complaint is to be filed today. The cross-complaint shall be deemed served as of the date of this order. Cross-Defendants are to respond to the cross- complaint within 30 days. DISCUSSION: Motion For L...

Excerpt: ...Plaintiff alleges that Defendants breached fiduciary duties owed to Plaintiff in connection with real estate transactions in order to obtain commissions. This Court (Judge Weintraub presiding) granted Defendants' motion to compel arbitration in part and denied it in part. The Court of Appeal reversed the portion of the order denying arbitration and ordered the trial court to grant the motion to compel arbitration in its entirety. Defendants Charl...

Excerpt: ...ed complaint. TENTATIVE RULING: Defendant Dr. Robbin USA, Inc.'s demurrer to the Complaint is SUSTAINED without leave to amend as to the first cause of action, unless Plaintiff can demonstrate a reasonable possibility of successful amendment. DISCUSSION: Demurrer Meet and Confer The Declaration of Sam Helmi reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. Analysis 1. First Cause of Action (Negligence Against...

Excerpt: ... Deputies. Plaintiff Mildred Mae Mendoza moves to strike and/or tax Defendants' costs. TENTATIVE RULING: Plaintiffs Mildred Mae Mendoza's motion to strike or tax costs is DENIED. DISCUSSION: Motion To Strike /Tax Costs Plaintiff Mildred Mae Mendoza moves to strike and/or tax Defendants' costs on the ground that Defendants failed to itemize its cost bill with a worksheet. Attached as Exhibit A to the Opposition is a Worksheet, with supporting invo...

Excerpt: ...051005700560003[Roger B. Frederickson and Frederickson Law; <000300030003000b001800 00440051005700030027[avis S. Hamilton RESPONDING PARTY(S): (1) – (3) & (5) Plaintiff Madeline Moore, individually and as Successor Trustee of the Moore Family Trust dated June 1, 1983 STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that her mother's attorney and CPA advised Plaintiff's mother to engage in unnecessary transfers of Trust assets t...

Excerpt: ...fendant BSI Financial Services demurs to the Complaint. TENTATIVE RULING: Defendant BSI Financial Services' demurrer to the Complaint is SUSTAINED with leave to amend as to the third, fifth, seventh and eighth causes of action, and OVERRULED as to the sixth cause of action. Plaintiff is given 20 days leave to amend. DISCUSSION: Demurrer Meet and Confer The Declaration of Dhruv M. Sharma reflects that Plaintiff's counsel did not respond to meet an...

Excerpt: ...ighbors, beat her on the street in front of her house without provocation, have sprayed chemicals and pesticides onto her property, rendering her organic food plants inedible and toxic, and have installed high intensity security lights and cameras directed onto Plaintiff's home. Defendants filed a cross-complaint alleging that Plaintiff has assaulted them, trespassed upon their property, and engaged in activities which constitute a nuisance. Plai...

Excerpt: ...e second amended complaint. TENTATIVE RULING: Defendant James H. Richardson, Jr.'s demurrer to the second amended complaint is OVERRULED as to the first through seventh causes of action. Defendant is ordered to answer the second amended complaint within 20 days. DISCUSSION: Demurrer Meet and Confer The Declaration of Corbett H. Williams reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. 1. First Cause of Actio...

Excerpt: ...he 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. Defendant Star Pro International Security and Training Inc. demurs to the fifth amended complaint and moves to strike portions thereof. TENTATIVE RULING: Defendant Star Pro International Security and Training Inc.'s demurrer to the third and sixteenth causes of acti...

Excerpt: ...e principal of La Canada Elementary School. Attorney Alex Alarcon moves to be relieved as counsel for Plaintiff Christine Castillo. TENTATIVE RULING: The Court will conduct an in camera conference with moving attorney Alex Alarcon and his client, Plaintiff Christine Castillo to determine whether sufficient cause exists to permit attorney Alarcon to withdraw as counsel. DISCUSSION: Motions To Be Relieved As Counsel California Rules of Court, Rule ...

Excerpt: ... Lichter RESPONDING PARTY(S): (1) No opposition filed. (2) Plaintiffs CMB Export, LLC and CMB Export Infrastructure Investment XV, LP; (3) & (4) Plaintiffs CMB Export, LLC and CMB Export Infrastructure Investment XV, LP STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs allege that Defendants have taken credit for Plaintiffs' industry accomplishments, concepts and creations and have utilized Plaintiffs' trade secrets in Defendants' own bu...

Excerpt: ... RESPONDING PARTY(S): Plaintiff/Cross-Defendant Robert F. Goldman, Trustee of the Goldman Grandchildrens Trust, dated July 23, 2008 and Cross- Defendant Janice Goldman <0003000300030003000300 0003[ STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff seeks an order of partition as to real property located in Los Angeles held as tenants in common with Defendants. Defendants filed a cross-complaint alleging that Plaintiff breached a settlement...

Excerpt: ...d upon the death of their son, whose vehicle collided with a negligently parked JLG Lift encroaching on the roadway of Sunset Blvd Various Defendants filed Cross-Complaints Attomey Stephanie Demers applies to appear as counsel pro hac vice on behalf of Defendant JLG Industries, Inc. TENTATIVE RULING: CONDITIONED UPON providing a supplemental declaration that the applicant is not regularly engaged in substantial business, professional, or other ac...

Excerpt: ...red an injury at work, but he was denied the medical treatment he needed and was placed in unfavorable positions due to his disability and need for accommodations. Almost a year after he suffered his injury, Plaintiff was terminated. Defendant moves for summary judgment or, in the alternative, summary adjudication. TENTATIVE RULING: Defendant Utility Tree Service, Inc.'s motion for summary judgment is DENIED. Defendant's alternative motion for su...

Excerpt: ...alleging that the goods manufactured by Plaintiff were not of acceptable quality. Attorneys Baker & Hostetler LLP move to be relieved as counsel for Defendants Mbrio, Inc. and Alice “Cricket” Lee. TENTATIVE RULING: Conditioned upon moving party providing proof of proper service on the defendants/clients, Attorneys Baker & Hostetler LLP's motion to be relieved as counsel for Defendants Mbrio, Inc. and Alice “Cricket” Lee is GRANTED. <00480...

Excerpt: ...trom, resident property manager, and his co- conspirators, tenants of the building. Defendant engaged in a scheme whereby he would charge tenants less than market rent, pocket half of that rent (paid in cash), and send the other half to Seifer as landlord. Holmstrom would also collect money paid by tenants for utilities and have Seifer pay for the utilities. Plaintiff A.C.A. LLC moves to quash the deposition subpoenas for production of documents ...

Excerpt: ...Corp. filed a cross-complaint alleging that Plaintiffs represented Defendants and himself and another party to a financing agreement for a film, failing to act in the best interests of Defendants/Cross-Complainants as clients, resulting in a breach of fiduciary duty. Plaintiff/Cross-Defendant Rex Glensy, in pro per, moves to join Stephen Nemeth as a necessary party. TENTATIVE RULING: Plaintiff/Cross-Defendant Rex Glensy's motion to join Stephen N...

Excerpt: ...es to compel production of documents in response to the subpoena issued to IQ Backoffice, Inc. and requests sanctions. TENTATIVE RULING: Plaintiff Robert Baral's motion to compel production of documents pursuant to subpoena is DENIED as untimely. However, Defendant's counter-request for sanctions—which was requested against Plaintiff Baral only—is DENIED. It appears that Plaintiff's counsel was responsible for bringing this untimely motion, n...