Excerpt: ...x. 101) is based on a noncurable breach, specifically, "Maintaining a nuisance: structure is not permitted for occupancy," and "Using the premises for an unlawful purpose/Tenants' occupancy is a threat to the public health or safety. Landlord is seekingto maintain compliance..„ etc." Paragraph 7(a) of the complaint in unlawful detainer alleges a theow of nuisance, alleging "occupancy is a threat to the public health or safety." Defendants answe...

Excerpt: ...rty and for attorneys' fees; 2. Plaintiffs Motion to strike and tax costs sought by Defendant Bennett Hearing date: 4/7/23 1. 2. Defendant Tisha Bennett's motion to determine that Bennett is the prevailing party and to award and fix the reasonable amount of attorneys' fees (filed 2/1/23); Plaintiffs Motion to strike and tax costs sought by Defendant Bennett (filed 2/21/23). Counsel for plaintiff TERESIJA SIGMUND: Sarvenaz Bahar (Limited Scope). C...

Excerpt: ... and one-half hours of deliberation, on 11/4/22, the jury rendered its special verdict in favor of Plaintiff in this unlawful detainer action. On 12/21/22, after much delay on Plaintiff's part in preparing the proposed judgments, the court entered judgment on the special verdict. On 12/27/22, the clerk served notice of entry of judgment. Before the court is Defendant's JNOV/New Trial motion. There is no issue regarding the timeliness of the motio...

Excerpt: ...of Plaintiff in this unlawful detainer action. On 12/21/22, after much delay on Plaintiff's part in preparing the proposed judgments, the court entered judgment on the special verdict. On 12/27/22, the clerk served notice of entry of judgment. Before the court is Defendant's JNOV/New Trial motion. There is no issue regarding the timeliness of the motion. The jury's special verdict, as polled: 1. Did the 90-DAY NOTICE TO TERMINATE TENANCY state sp...

Excerpt: ...(prejudgment interest) is DENIED. The final costs amounts shall be included in page 4 of the judgment. Each judgment plaintiff has her own unique prejudgment interest award. At Plaintiffs' request, all other costs awarded will be apportioned on an equal basis to each Plaintiff. Excluding Item 16 (prejudgment interest), the total net cost award is $98,990.32. Split between the plaintiffs, each Plaintiff will have a cost award of $49,495.16 against...

Excerpt: ... the matter under submission. At the time of this posting (Monday, 1/30/2023 at approximately 8:00 a.m.), the court has not received any reply papers. The deadline to file and serve reply papers was no later than Friday, 1/27/23, five court days before the hearing date. It is possible that the papers were timely e‐filed but access may have been delayed over the weekend by the court's electronic filing system. Pending timely reply papers, the co...

Excerpt: ...ternative, for judgment notwithstanding the verdict, or, in the alternative, for new trial (filed 1/27/22) Tentative Ruling: The court vacates the judgment entered on 1/11/22 and grants a partial JNOV as to past economic damages only, in the amount of $10,828.59. There was no substantial evidence to support a greater amount of economic damages, or, for that matter, the jury's award of $30,828.59. All other aspects of the judgment remain. The alte...

Excerpt: ... tax and/or strike costs (filed 12/17/21) Tentative Rulings Plaintiff's motion for new trial is DENIED. Plaintiff's motion to strike Defendant's memorandum of costs is GRANTED. Plaitiff's motion to tax certain cost items is moot. Plaintiff's request for sanctions in the amount of $2,800 against defendant and her counsel is GRANTED. DISCUSSION After two trial days, on 11/4/21, the jury rendered its special verdict in favor of Plaintiff. Before the...

Excerpt: ...argument. 2. Evidentiary rulings below. DISCUSSION After five trial days between 8/11/21 and 8/17/21, on 8/19/21, the jury rendered its special verdict in favor of Defendant Javier Valenzuela, finding he was not negligent. Before the court is Plaintiff Ruben Martinez's motion for new trial. I. Timeliness of motion On 8/19/21, judgment was entered but notice of entry of judgment was not served until 8/24/21. On 9/7/21, Plaintiff timely filed and s...

Excerpt: ..._______. Plaintiff shall file a supplemental declaration and memorandum of points and authorities, if any, on or before_____________. Discussion The court reviewed a prior iteration of Creditors Adjustment Bureau, Inc.'s Application for Default Judgment and detailed the deficiencies with the package and how they must be cured. In its most recent request (submitted 3/4/21), while Plaintiff has remedied the service issue, it has declined to remedy ...

Excerpt: ... Lin; and Red Horse, Inc. RESP. PARTY: Plaintiff Pacific Property Holdings, LLC TENTATIVE RULING Defendants KK Woods, Inc.; Tiantian Qiu; Kai Lin; and Red Horse, Inc.'s Motion to Strike Portions of Plaintiff's First Amended Complaint is DENIED. Defendants KK Woods, Inc.; Tiantian Qiu; Kai Lin; and Red Horse, Inc. shall file and serve an answer to the First Amended Complaint within ten (10) days of entry of this order. (Cal. Rules of Court, rule 3...

Excerpt: ... Plaintiff's Complaint for Damages (filed 4/23/2020) MOVING PARTY: Defendant City of Santa Monica RESP. PARTY: Plaintiff Robin Sherry Tentative ruling Defendant City of Santa Monica's Demurrer to Plaintiff's Complaint for Damages is SUSTAINED, with twenty (20) days leave to amend. The allegations in the complaint are insufficient to state a claim against a public entity. “[P]laintiff may amend his or her complaint only as authorized by the cour...

Excerpt: ...for a Preliminary Injunction is GRANTED in part. Defendant Mei‐Ling Lee is prohibited from discarding Plaintiff's personal property. The remainder of the request pertaining to restoring Plaintiff's tenancy at 437 Altair Place is DENIED as moot. Plaintiff is presently the occupant of the subject unit pending a trial on the merits of Plaintiff's claim regarding wrongful eviction. Plaintiff Yoonj Kim shall file an undertaking in the amount of ____...

Excerpt: ...dant Fares Alkhalidi shall file and serve an answer to the Complaint within ten (10) days of entry of this order. (Cal. Rules of Court, rule 3.1320(j).) Discussion Plaintiff leased the property at 2201 South Beverly Glen Boulevard, Apartment 204, to Defendant under a written agreement dated March 28, 2020, for a month‐to‐month tenancy at the rate of $3358.73 per month. Plaintiff alleges Defendant failed to pay rent for the months of April to ...

Excerpt: ...1.65 in Sanctions (filed 9/17/20) (2) Motion to Quash Defendants' Subpoenas for Plaintiff's Medical, Billing, Insurance Radiology and Pharmaceutical Records, Request for $2,686.65 in Sanctions (filed 8/26/20) MOVING PARTY: Plaintiff Gary Halvorson RESP. PARTY: Defendant Joseph Hong TENTATIVE RULING Plaintiff Gary Halvorson's Motion to Quash Defendant's Subpoenas for Plaintiff's Veterans Affairs Records is GRANTED. Plaintiff Gary Halvorson's Motio...

Excerpt: ...tasha Roit (self-represented) RESP. PARTY: Defendant Sara Boodaie, by Burton Mark Senkfor Tentative ruling Plaintiffs Rebecca A. Rickley and Natasha Roit's Motion for Order Striking Memorandum of Costs Brought by Dismissed Defendant, Sara Boodaie, or, in the Alternative, for an Order Taxing Costs, and/or for Appointment of Guardian Ad Litem for Sara Boodaie is GRANTED in part; DENIED in part. The court reduces the documentary depository costs to ...

Excerpt: ...ndants Edison Power Constructors, Inc. and Brent Michael Morrow, by Mark Kiefer, Royce Huang, Sara Rodriguez (Ericksen Arbuthnot) TENTATIVE RULING Plaintiffs Kim Bubbs, Aaron Toledo, Sarah Toledo (a minor), and Claire Toledo (a minor)'s Motion for Preference per C.C.P. section 36(b) is GRANTED. Parties shall meet and confer regarding a mutually agreeable trial date consistent with this ruling. The demurrer and motion to strike scheduled for 3/3/2...

Excerpt: ...iff does not agree to stipulate to the relief sought in this motion, the court rules as follows: Defendant RHC Automotive, Inc.'s Motion to Compel Arbitration of Plaintiff's Complaint and Stay Proceedings is CONTINUED to _____________. On or before _____________, Defendant shall file a declaration addressing the issues raised herein. Defendant RHC Automotive, Inc. to give notice. Discussion Plaintiff alleges he purchased a 2019 Nissan Sentra from...

Excerpt: ...imitations:  Plaintiff may audiotape the mental examination. Given that Plaintiff lives out‐of‐state, the examination shall be virtual at a mutually agreeable time.  The examination shall be limited to no more than two hours.  Any clinical interview will be limited in scope to the current complaints about which Plaintiff seeks care, the history of these conditions, including complaints of the events leading to these conditions, the p...

Excerpt: ... overruled as to the sixth and tenth causes of action. Discussion On January 25, 2021, Plaintiff Jolanda Josserand and Defendants Flying Food Group, LLC (“FFG”) and Maurice Palumbo alleging causes of action for various labor code violations and violations of the Fair Employment and Housing Act (“FEHA”): C/A 1: Failure to Provide Rest Periods in Violation of Labor Code §226.7 C/A 2: Failure to Furnish Timely and Accurate Itemized Wage Sta...

Excerpt: ...d with leave to amend. The demurrer to the second cause of action is overruled. The motion to strike regarding paragraphs in the first, third, and fourth causes of action are denied as moot. The motion to strike regarding BMS 's punitive damages allegations are granted with leave to amend. Discussion A. Plaintiff's Complaint On December 28, 2020, Plaintiff Ernesto Toxqui filed this action against Defendants BMS Builders, Inc. (“BMS”), Noe San...

Excerpt: ...fendant's answer to the FAC shall be filed and served within 10 days. Discussion This is a lemon law case. On August 11, 2020 Plaintiff Christina Rodriguez filed this action against Defendant GM Motors, LLC. The operative first amended complaint alleges causes of action for: C/A 1: Breach of Implied Warranty of Merchantability under Song‐Beverly Warranty Act C/A 2: Breach of Express Warranty of Merchantability under Song‐Beverly Warranty Act ...

Excerpt: ...d confer on a stay of enforcement of the judgment without requiring an undertaking, particularly given Plaintiff/Judgment Creditor's representation that Plaintiff/Judgment Creditor does not intend to enforce the money judgment. On the other hand, if Plaintiff/Judgment Creditor wishes to continue to occupy the Adjustment Parcel, not accept payment of the money judgment, and enforce the money judgment by recording a lien against the Adjustment Parc...

Excerpt: ...TENTATIVE RULING The motion is granted in part. The court awards fees in the amount of $15,762.50 and costs in the amount of $1,446.36 for a total fee and cost award of $17,208.86. The court sets an OSC re entry of dismissal on _____________ at 8:30 a.m. However, if a Judgment is required, Plaintiffs must file and serve a proposed judgment within 30 days. Discussion This is a four cause of action breach of warranty lemon law, fraud, and negligent...

Excerpt: ...ckey, Serena Nervez (Veatch Carlson, LLP) MATTERS: DARLINGTON HOA/MZL'S DEMURRER TO PLAINTIFFS' FIRST AMENDED COMPLAINT AND MOTION TO STRIKE (filed 1/29/2021) WILLIAMSON'S DEMURRER TO PLAINTIFFS' FIRST AMENDED COMPLAINT AND MOTION TO STRIKE (filed 3/2/2021) TENTATIVE RULING Darlington HOA/MZL Demurrer: The demurrer to the first cause of action is sustained without leave to amend as to Darlington HOA only. The demurrer as to this cause of action i...