Excerpt: ...ING: Plaintiff Hever Nunez Flores' motion to compel the deposition of Defendant Rosario Luis is GRANTED. <00030044004a0044004c00 00510047004400510057> Rosario G. Luis (in pro per) is GRANTED IN PART in the amount of $1,350, which is the amount the Court finds to be the reasonable attorney's fees incurred in bringing this motion. Sanctions are to be paid to Plaintiff's counsel within 20 days. DISCUSSION: Motion To Compel Deposition <00480051005700...

Excerpt: ...ING: Plaintiff Hever Nunez Flores' motion to compel the deposition of Defendant Rosario Luis is GRANTED. <00030044004a0044004c00 00510047004400510057> Rosario G. Luis (in pro per) is GRANTED IN PART in the amount of $1,350, which is the amount the Court finds to be the reasonable attorney's fees incurred in bringing this motion. Sanctions are to be paid to Plaintiff's counsel within 20 days. DISCUSSION: Motion To Compel Deposition <00480051005700...

Excerpt: ...he was riding, and having to scramble to avoid being hit by derailed cars. Defendant Union Pacific Railroad Company moves for an order compelling psychological independent medical examination of Plaintiff. At the prior hearing, the Court continued the hearing on this motion for further briefing. TENTATIVE RULING: Defendant Union Pacific Railroad Company's motion to compel psychological independent medical examination of Plaintiff is GRANTED IN PA...

Excerpt: ...dant The Regents of the University of California demurs to the First Amended Complaint and moves to strike portions thereof. TENTATIVE RULING: Defendant The Regents of the University of California's demurrer to the First Amended Complaint is SUSTAINED withoutleave to amend as to the first through fourth causes of action. Defendant's motion to strike the punitive damages allegations at ¶¶ 21, 28 and 34, and the Prayer for Relief on the second th...

Excerpt: .... TENTATIVE RULING: Defendants New Penn Financial, LLC dba Shellpoint Mortgage Servicing and MTGLQ Investors, LP's demurrer to the Complaint is SUSTAINED with 20 days leave to amend as to the first, second and third causes of action and without leave to amend as to the fourth cause of action. DISCUSSION: Demurrer Meet and Confer The Declaration of Sharon K. Brown reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfi...

Excerpt: ... prevent her from developing pressure sores, infections and dehydration. <0036004c00480055005500 00440055004800030026[enter demurs to the third amended complaint and move to strike portions thereof. TENTATIVE RULING: <0036004c00480055005500 00440055004800030026[enter's demurrer to the third amended complaint is OVERRULED as to the first and third causes of action. The motion to strike is DENIED as to the request at Page 35:14-15, ¶ 3 for attorne...

Excerpt: ...intiff for issuance of a preliminary injunction against Defendant Joseph Eghbalieh, Melrose Textile, Inc., Infinity Printex, Inc. and their agents employees and representatives and all persons acting in concert or participating with them. TENTATIVE RULING: Plaintiff Samuel Shams' motion for a preliminary injunction is DENIED without prejudice. DISCUSSION: Motion For Preliminary Injunction Plaintiff for issuance of a preliminary injunction against...

Excerpt: ...it of mandate regarding its rights and duties under a Los Angeles City Ordinance affecting Plaintiff's ability to operate and maintain a marijuana business pursuant to Proposition 64, the Adult Use of Marijuana Act and to enjoin the City of Los Angeles from enforcing its ordinances and regulations related to marijuana which are in conflict with state law. Defendants/Respondents City of Los Angeles (also erroneously sued as Los Angeles Policy Depa...

Excerpt: ...e was riding, and having to scramble to avoid being hit by derailed cars. Defendant Union Pacific Railroad Company moves for an order compelling psychological independent medical examination of Plaintiff. TENTATIVE RULING: The Court will hear oral argument as to why each written test will facilitate an evaluation of the emotional distress from which Plaintiff claims to suffer. The Court will also hear oral argument as to why Plaintiff believes he...

Excerpt: ... property. Defendant City of Los Angeles demurs to the first amended complaint. TENTATIVE RULING: Defendant City of Los Angeles's demurrer to the first amended complaint is SUSTAINED without leave to amend as to the fourth and fifth causes of action, unless Plaintiff demonstrates a reasonable possibility of successful amendment. DISCUSSION: Demurrer Meet and Confer The Declaration of Gail Peterson reflects that it appears that the meet and confer...

Excerpt: ...ATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Defendants were allegedly negligent in causing a fire that damaged Plaintiff's property at a business. Defendants filed cross-complaints for indemnity. Defendants/Cross-Complainants The Abram and Adele Olodort Trust and Robert Olodort as trustee of The Abram and Adele Olodort Trust demur to the first amended complaint. TENTATIVE RULING: Defendants/Cross-Complainants The Abram and Adele Olodort Trust a...

Excerpt: ...S: Plaintiff alleges that here insurer did not pay policy benefits for personal property which was stolen from her. Plaintiff moves to quash and/or limit the subpoena directed to JPMorgan Chase Bank, N.A. <0027004800490048005100 00440055004400570048>ly move for a continuance of the trial date. TENTATIVE RULING: Plaintiff Dominique Wolfe's motion to quash the subpoena is DENIED, while the motion to modify the subpoena is GRANTED in part. Documents...

Excerpt: ...of $158,565.89. Enrique Vaca represented to his attorney Howard that he did not want to sell his mother's house to satisfy the judgment. However, defendant Howard allegedly falsely represented to the Court that he needed a court order to sell the house in order to satisfy the judgment. Defendants Howard, Lewenfus and Garrard allegedly conspired to deprived Plaintiffs of their property by selling it at public auction to Lewenfus for $10,000. Plain...

Excerpt: ...ns in connection with the sale of a cigarette and tobacco business to Plaintiff. Defendants Sandra Cervantes, Judith Machado, MACCA Corporation, M&K General Merchandise, Broadway Capital and Defendant/Cross-Complainant Khaled M. Ahmed move to compel Cross-Defendant DMY Far East Enterprises, Inc. to appear and testify at deposition and to produce documents requested in the deposition notice, as well as for monetary sanctions against DMY and its pr...

Excerpt: ...ered judgment in favor of Defendant Camelot Kids Child Development Center. Defendant seeks an award of attorney's fees. TENTATIVE RULING: Defendant Camelot Kids Child Development Center's motion for attorney's fees is GRANTED IN PART in the amount of $60,000.00, which is the amount which the Court finds to be the reasonable amount of attorney's fees incurred by Defendant in defending this action. DISCUSSION: Motion For Attorneys' Fees Defendant s...

Excerpt: ...TATEMENT 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 that had significant tax consequences for the Trust which could have been avoided, but which generated fees for the attorney and CPA. Plaintiff then retained the professional services of the Defendant attorneys herein, who allegedly committed legal malpractice in prosecut...

Excerpt: ... breached a settlement agreement by refusing to pay $250,000 without a dismissal with prejudice of Plaintiff's complaint in the underlying action (BC564456), despite no such requirement in the settlement agreement. Defendants Stuart Rubin and Annette Rubin move for an order assigning this matter to judicial reference pursuant to CCP § 638 and an order staying this action pending the conclusion of the judicial reference proceeding. TENTATIVE RULI...

Excerpt: ...ng to attend to Plaintiff to prevent her from developing pressure sores, infections and dehydration. Defendant Southern California Specialty Care, Inc. dba Kindred Hospital San Gabriel Valley demurs to the third amended complaint and move to strike portions thereof. TENTATIVE RULING: Defendant Southern California Specialty Care, Inc. dba Kindred Hospital San Gabriel Valley's demurrer to the third amended complaint is OVERRULED as to the first and...

Excerpt: ...s by Plaintiff's counsel at the OSC re: dismissal for failure to obtain default judgment. Plaintiff Franklin Wong moves to set aside the dismissal. TENTATIVE RULING: Plaintiff Franklin Wong's motion to set aside the dismissal entered on August 17, 2017 is GRANTED. Plaintiff's counsel is ordered to submit a default judgment prove-up package within 30 days. Additionally, per CCP § 473(c)(1)(A), Plaintiff's counsel is ordered to pay the sum of $500...

Excerpt: .... After the practice had operated for nearly a year, Defendant breached the partnership agreement by denying that Plaintiff ever had any interest in the practice. Defendants David Feldmar, M.D. and Feldpat Medical Corporation, dba Art & Science Plastic Surgery filed a cross-complaint alleging that Plaintiff took money from Defendants' bank account without authorization and failed to contribute income to pay overhead expenses as agreed. Defendants...

Excerpt: ...lien. Defendants filed a cross-complaint alleging that Plaintiff's construction activities were deficient and Defendants refused to remedy these defects. Defendant Kunihiro Nishiya demurs to the second amended complaint and moves to strike portions thereof. TENTATIVE RULING: Defendant Kunihiro Nishiya's demurrer to the second amended complaint is SUSTAINED without leave to amend as to the third, fifth, sixth and seventh causes of action. By virtu...

Excerpt: ...st of his client, Plaintiff's mother, now deceased. ¿Defendant Steven A. Kovary, CPA moves for summary judgment or, in the alternative, summary adjudication. TENTATIVE RULING: ¿Defendant Steven A. Kovary, CPA motion for summary judgment is DENIED. The alternative motion for summary adjudication is DENIED in its entirety. DISCUSSION: Requests For Judicial Notice ¿Plaintiff requests that the Court take judicial notice of the following: (1) Petit...

Excerpt: ...or no reason while he and his family were crossing the street to attend their oldest daughter's middle school meeting. Plaintiffs' counsel moves for reconsideration of discovery sanctions imposed against her on July 6, 2017 and August 1, 2017.[1] TENTATIVE RULING: Plaintiffs' counsel's (Ms. Cohen) motion for reconsideration of discovery sanctions imposed against her on July 6, 2017 and August 1, 2017, is DENIED. On its own motion, this Court sets...

Excerpt: ...51005700030030[acca Corporation RESPONDING PARTY(S): (1) Plaintiff Jong W. Park; (2) No opposition filed; <000300030003000b001600 004c004900490003002d[ong W. Park; <000300030003000b001700 004c004900490003002d[ong W. Park; <000300030003000b001800 004c004900490003002d[ong W. Park; <000300030003000b001900 004c004900490003002d[ong W. Park STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that Defendant made several misrepresentations ...

Excerpt: ...y Management <000300030003000b001600 004c0049004900030027[epartment of Fair Employment and Housing <005d000f0003002f005c00 47004c00440003[ Delgadillo and Jervis Property Service, Inc., erroneously sued and served as Jervis Property Management RESPONDING PARTY(S): (1) Defendants Robert Sanchez, Beverly Sanchez, Lydia Delgadillo and Jervis Property Service, Inc., erroneously sued and served as Jervis Property Management; <005d000f0003002f005c00 470...