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: ...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: ...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: ...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...

Excerpt: ...ULING The demurrer is overruled. The motion to strike is denied. Defendant shall file and serve its answer to the complaint within 10 days. Discussion On August 11, 2020, Plaintiffs Nicolas Hoyle and Pernilla Perlmann filed this action against Defendant Maple Plaza, LLC, alleging the following causes of action: C/A 1: Breach of Contract C/A 2: Breach of Implied Warranty of Habitability C/A 3: Intentional Infliction of Emotional Distress C/A 4: Ne...

Excerpt: ...d 2/1/21) TENTATIVE RULING The motion to strike regarding Plaintiff's punitive damages prayer is granted with leave to amend. The motion to strike regarding Plaintiff's other factual allegations and/or requests for other remedies/damages is denied. To avoid another appearance, the case management conference scheduled for 4/14/21 may be advanced to this date if the parties agree. See instructions/order re leave to amend and redline version on last...

Excerpt: ...TIVE RULING Motion to Compel Further Responses re Requests for Production, set 3: The court grants the motion subject to a privilege log. Within 15 days, Plaintiff is ordered to serve further verified responses to these requests that withdraw all objections except privilege objections. Plaintiff must serve a detailed privilege log that provides a description, author, recipient, date, and privilege claimed for each document that Plaintiff contends...

Excerpt: ...ULING The motions are granted as prayed. Respondent shall serve verified responses and produce documents without objection within 10 days. Discussion On September 9, 2020 Petitioner Hartford Underwriters Insurance Company filed this petition for the superior court to assume jurisdiction over an uninsured motorist claim for purposes of resolving discovery disputes. The petition was served on Respondent Murphy Hawkins, through counsel, by e‐mail....

Excerpt: ...filed 11/30/2020) TENTATIVE RULING Motion to Compel Further Requests for Admission: The court declines to impose sanctions. Motion to Compel Form Interrogatories: The court declines to impose sanctions. Motion to Compel Requests for Production: The motion is granted subject to a privilege log. Bituin is ordered to serve a detailed privilege log, containing the description, author, recipient, date, and type of privilege asserted for any document B...

Excerpt: ...0) TENTATIVE RULING Other than evidentiary rulings (below), no tentative ruling. The court will hear argument, take the matter under submission and issue a written ruling. Discussion Procedural background and factual allegations. On November 26, 2018 Plaintiff Vida Mahrouyan filed this lawsuit against Defendants State Farm General Insurance Company and Yenny Urquilla for: C/A 1: Against State Farm for Breach of Contract C/A 2: Against State Farm ...

Excerpt: ...sustained as to the first, second, third, and fourth causes of action in the first amended complaint against Defendant Miguens only with leave to amend. See Instructions/Order re leave to amend and red‐line version on last page. Deadline: APRIL 2, 2021 DISCUSSION On April 16, 2020 Plaintiff Jeff Lee filed this action. In the operative first amended complaint (filed January 15, 2021), he alleges causes of action one through four against Defendan...

Excerpt: ...ry trial on the condition that no further continuances be requested or granted unless a medical emergency develops which is shown by competent evidence and that substitute trial counsel is not available. Discussion On April 16, 2019 Plaintiff filed the original complaint and amended it on Apr. 17, 2019. The FAC alleges that on April 24, 2018 Plaintiff Daniel Antunez and three friends attended a night baseball game at Dodger Stadium. During the ga...

Excerpt: ...lmore, Philip O'Beirne, Susie Kim (Stein Mitchell Beato & Missner LLP) MOTION FOR JUDGMENT ON THE PLEADNGS (RE COMPLAINT) (filed 12/3/2020) TENTATIVE RULING The motion is denied. Discussion On July 15, 2020, Plaintiff and Cross‐Defendant Sunworld Dynasty US Holdings, LLC, filed this action against Defendant/Cross‐Complainant Jose Andres Hotel Development, LLC, for declaratory relief. The dispute arises from a series of agreements (items in bo...

Excerpt: ...d to an inspection of “a small area of the Defendants' backyard, along the edge of the retaining wall that separates Defendants' backyard from Plaintiffs' backyard.” (Reply, 3:25‐ 26) Parties shall meet and confer prior to the inspection to determine the area to be inspected as necessary to accomplish Mr. Deppe's needs. Any intrusive testing on the Pimentel property to accomplish Mr. Deppe's needs should be raised at the hearing. Discussion...

Excerpt: ...is granted in part as to RFP Nos. 37 to 45 subject to the court's modifications/rulings below. Verified further responses shall be served within 20 days. The motion is denied as to RFP Nos. 46 to 63. Discussion This is a lemon law case. On June 30, 2020, Plaintiff Francesco Cameli filed this action against Defendant McLaren Automotive, Inc., alleging the following causes of action:  CA/1: Song‐Beverly Consumer Warranty Act—Breach of Implie...

Excerpt: ...r terminating sanctions is denied. However, because of delays attributable to Plaintiffs, the court is inclined to grant CD&A's alternative request for modifying the case management deadlines (Exhibit J of Reply for one such proposal). The court will hear from any parties regarding finalizing a revised CMO. DISCUSSION On January 14, 2021 CD&A filed a motion for an order imposing terminating sanctions against Plaintiffs for Plaintiffs' failure to ...

Excerpt: ...x parte application/motions to compel ESI production and trial continuance are denied. Discussion Procedural History On May 16, 2019 Plaintiff filed this action against Defendants Alegria Dental Center, Emad & Katerina Moawad Dental Corporation, Emad Dental Corporation, Emad Moawad, Katerina Moawad, and Jean Ocampo alleging various FEHA discrimination, harassment, retaliation claims as well as various Labor Code violations while Plaintiff was emp...

Excerpt: ... overruled. The demurrer to the third cause of action is sustained with leave to amend. The motion to strike is denied. See last page for Instructions/order re leave to amend and red‐line version: DEADLINE: MARCH 1, 2021 Discussion On May 21, 2020 Plaintiff filed this action against Defendant alleging one cause of action for legal malpractice. On June 8, 2017 Plaintiff was involved in an automobile collision with a driver named Roy Erikson. Pla...

Excerpt: ...ATIVE RULING In the course of the court's review using only on‐line documents (not from hard copies as the court ordered), the court encountered difficulties with the parties' papers that the court is unwilling to overlook before proceeding to the substantive issues of the motion. Based on the court's comments in the Analysis portion below: 1. Defendants must file and serve a second amended motion that addresses all of the court's issues by ___...

Excerpt: ...n Due to Association (against the District); 4. Redress of Unlawful Discrimination Due to Religion (against the District); 5. Redress of Unlawful Disability Discrimination (against the District); 6. Redress of Unlawful Retaliation (against the District); and 7. Redress of Failure to Prevent Unlawful Employment Practices (against the District). The District demurs to the entire Complaint on the ground that Plaintiff has failed to exhaust administr...

Excerpt: ...MMARY ADJUDICATION (filed 11/24/2020) TENTATIVE RULING The motion is denied in its entirety. Based on the nature and extent of the other driver's injuries and damages, and Connect's insured's undisputed liability for the accident, Plaintiff has shown that there is a triable issue of the existence of a substantial likelihood of recovery beyond Parma's policy limits at the time the policy limit demands were made, thus giving rise to a breach of the...

Excerpt: ...nd. See Instructions/order re leave to amend on last page. Deadline: Feb. 16. 2021 DISCUSSION This is an employment action. On or around May 29, 2017, Plaintiff Arthur Salazar began his employment with Defendant Circle Wood Services, Inc. On several occasions in 2019, Plaintiff informed his supervisors of his intent to take paternity leave for six weeks in August 2019. On July 26, 2019, Plaintiff was terminated on grounds of insubordination, even...

Excerpt: ...rbitration under California Code of Civil Procedure section 1281.97, to lift stay, and for sanctions is GRANTED. Defendant Wood Ranch USA, Inc. is ordered to pay Plaintiff monetary sanctions in the amount of $2,310.00 within 30 days. Defendant's responsive pleading shall be filed and served within 15 days. A case management conference is not necessary. The court intends to set the case for a jury trial in May 2022. Discussion On 7/16/2020 this co...

Excerpt: ...MARY ADJUDICATION (filed 12/8/2020) TENTATIVE RULING The motion for summary judgment is denied. The motion for summary adjudication is granted as to the “Fraud/Deceit/Intentional Misrepresentations of Fact” (9 th cause of action listed on the caption page, but listed in error as 10 th in the body of the complaint) in favor of Diane Wang, only, and against Plaintiffs. The motion for summary adjudication is denied as to every other cause of act...

Excerpt: ...ROGATORIES (filed 08/06/2020) DEFENDANTS' MOTION TO COMPEL—REQUEST FOR PRODUCTION (filed 08/06/2020) DEFENDANTS' MOTION COMPEL—SPECIAL INTERROGATORIES (filed 08/06/2020) TENTATIVE RULING No ruling. The parties should be prepared to address the issues that the court identifies in this ruling at the hearing. Discussion On July 16, 2018, Plaintiff Maryetta C. Marks (a self‐represented attorney) filed this lawsuit against Toyota Motor Sales U.S...

Excerpt: ...anted for lack of personal jurisdiction. The action against Defendant Jen Rudolph is dismissed without prejudice. (CCP § 581(h)) Discussion On July 23, 2020 Plaintiff filed the operative [first] amended complaint against Defendants Jennifer Rudolph Walsh (dismissed) and Jen Rudolph for: C/A 1: False Light (Invasion of Privacy) C/A 2: Negligent Interference with Prospective Economic Relations C/A 3: Intentional Interference with Prospective Econo...

Excerpt: ...ed. Discussion This is a lemon law case. On January 14, 2020, Plaintiffs Miguel Bautista and Marta Bautista filed this action against Defendants Los Angeles Motor Cars, Inc. dba Los Angeles Chrysler Dodge Jeep Ram and FCA US LLC. In their complaint Plaintiffs allege: C/A 1: Breach of Express Warranty‐ Violation of Song‐Beverly Act C/A 2: Breach of Implied Warranty‐ Violation of Song‐Beverly Act C/A 3: Violation of Song‐Beverly Act Secti...

Excerpt: ...e legal and evidentiary basis for the settlement and that addresses the issues that the court identifies in this ruling (see “Discussion” section below). The court sets a non-appearance date re filing of motion for ________________. DISCUSSION Defendant Chegg, Inc., is an education technology company that provides a website through which individuals may provide tutoring services to other users of the website. Plaintiff began to perform servic...

Excerpt: ...ties' papers for and against reconsideration, reconsiders its October 6, 2020 oral ruling. The motion is granted. The default judgment entered on 9/24/18 is set aside. Defendant's proposed verified answer (see Exhibit A to Dow decl. filed 7/21/20) is deemed served this date. Defendant is ordered to file a stand‐alone version of his answer within 5 days. The court intends to set the matter for trial within 6‐9 months. Discussion On April 24, 2...

Excerpt: ...amend as to each cause of action. The motion to strike is denied as moot. See Instructions/Order re Leave to Amend below. Deadline: Feb. 11, 2021 OSC. The court intends to continue the Case Management Conference (presently 3/2/21) and set an Order to Show Cause why the action should not be reclassified to limited jurisdiction. A hearing date and briefing schedule shall be determined at the hearing. DISCUSSION On November 5, 2020 Plaintiffs Donald...

Excerpt: ... CAUSE RE DEFAULTS CASE MANAGEMENT CONFERENCE TENTATIVE RULING Motion to set aside defaults: The motion is granted. The May 27, 2020 defaults entered against Dorfman and Burke are vacated. The proposed answer, attached as Ex. 8 to the moving papers, is deemed filed and served on all previously appearing parties as of this date. Defendants are ordered to file a stand‐alone version of their answer within 5 days. OSC re defaults: Plaintiffs should...

Excerpt: ...9, 15, 16, 31, 33, 37‐39, 42, 45‐48 TENTATIVE RULING Any ruling ordering further responses/production shall be complied with within 15 days. Special Interrogatories:  SROG Nos. 1, 14, 55: The motion is granted as to these interrogatories. Defendant is ordered to serve further, code‐compliant verified responses without objection.  SROG Nos. 42‐45: Defendant is ordered to serve further verified responses to these interrogatories and d...

Excerpt: ...have put their mental states at issue; have alleged past, present, and ongoing severe emotional distress beyond “garden‐variety” emotional distress attributable to defendants; and have refused to agree to reasonable conditions for their mental examinations without court intervention. There is sufficient good cause. Plaintiffs' privacy concerns are outweighed here by the claims they make for non‐economic damages resulting from severe emoti...

Excerpt: ...demurrer is overruled. Defendants' answer shall be served and filed within 10 days. Discussion On August 21, 2020 Plaintiff Azita Simoni filed this action against Defendants Dermatology & Laser Medical Center, Inc. d/b/a Dermatology & Laser Medical Center of Encino & Thousand Oaks (“DLMC”), and Alex Khadavi. Plaintiff alleges that she was an employee of DLMC and alleges various FEHA and Labor Code violations against Defendants: C/A 1: Discrim...

Excerpt: ... this time. The court notes that Plaintiff has not filed written opposition (past due Jan. 5). Discussion On October 18, 2018 Plaintiff Shauna Chappell filed this lawsuit against Defendants Cedars‐Sinai Medical Center (“Cedars‐Sinai”) and Ronald Lang, M.D., for claims arising out of the medical care and treatment provided to her now‐deceased mother in November 2014. On January 28, 2019 Plaintiff filed a First Amended Complaint against D...

Excerpt: ...(filed 11/25/2020) TENTATIVE RULING The demurrer is overruled as to the second and fourth causes of action The demurrer is sustained as to the third and fifth causes of action with leave to amend. The demurrer is sustained as to the sixth cause of action without leave to amend. This ruling is without prejudice to Plaintiff amending other causes of action to add the appointment of a receiver as a remedy and/or to move the court for an order appoin...

Excerpt: ...Y ADJUDICATION (filed 3/20/2020) The court issues its tentative ruling and intends to set the matter for further hearing on a date to be determined, from among the following choices: Jan. 19, 21, 26, 28, 2021 at 10 a.m. The parties shall meet and confer and advise the clerk within the next three court days. TENTATIVE RULING Vergara's motion for summary adjudication: 1. First Cause of Action for Declaratory Relief: The court grants summary adjudic...

Excerpt: ...E RULING The court orders that all pending and further discovery disputes between Hackler and KLG/Mikhov, involving the complaint only, be referred to a discovery referee pursuant to CCP § 639. The court apportions the discovery referee's fees equally between the parties—i.e., 50% to the Plaintiff and 50% to the Defendants. The court's order, however, is without prejudice to the discovery referee later recommending that UP TO 100% of fees be r...

Excerpt: ...second motion for judgment on the pleadings was frivolous and made in bad faith. On December 22, 2020 Defendants filed an opposition, arguing that (1) an amended pleading superseded the original complaint, (2) Defendants raised new arguments, and (3) facts and law supported Defendants' motion. On December 29, 2020 Plaintiff filed a reply. ANALYSIS Sanctions under § 128.7 A court may impose sanctions on a party or attorney that presents a pleadin...

Excerpt: ...26, 2020 Plaintiffs Brittany Gorman and Andrew Gorman filed this lemon law action, naming defendants BMW North America, LLC in six causes of action, and a second defendant, Mini of Stevens Creek, for negligent repair only in the 7 th cause of action. On April 6, 2020 Plaintiffs filed their operative first amended complaint (the “FAC”) against BMW North America, LLC only, alleging one cause of action under the Magnuson‐ Moss Warranty Act (�...

Excerpt: ...ST AMENDED CROSS‐COMPLAINT (filed 11/6/2020) TENTATIVE RULING The demurrer is sustained in part and overruled in part. The demurrer to the first cause of action is overruled. The demurrer to the second and third causes of action is sustained in part and overruled in part, as explained below. A second amended cross‐complaint is ordered filed and served within 10 days. Cross‐complainant is ordered to lodge and serve a courtesy red‐lined ver...

Excerpt: ...filed and served this date on all previously appearing and served parties. Defendant shall file and serve his answer to the SAC within 10 days. Plaintiff shall file a standalone original of the SAC within 5 days. Discussion On May 21, 2020 Plaintiff filed this action against Defendant alleging one cause of action for legal malpractice. On June 8, 2017, Plaintiff was involved in an automobile collision with a driver named Roy Erikson. Plaintiff al...

Excerpt: ...ed complaint‐in‐intervention lodged with the court on November 12, 2020 is deemed filed and served on all previously appearing parties indicated on the proof of service as of this date. Intervenors shall file a standalone original of the complaint in intervention within 5 days. Discussion Pending Motion—Proposed Intervenors On November 11, 2020, Patrick Moore, Claudia Fullerton, William Grivas, Victor Andonie, Hill Family Trust, and Epitech...

Excerpt: ... The court orders Defendant's PMK to appear for a deposition within the next _____________days. Topic Categories: Defendant is ordered to produce a PMK on topic nos. 1 and 5. Defendant is also ordered to produce a PMK on topic no. 2, as modified by the court below. Defendant need not produce a PMK on topic no. 3. Sanctions: The court declines to impose any sanctions. The declaration in support of sanctions omits some key details. Plaintiffs may h...

Excerpt: ...worth (unserved; no appearance) DEMURRER OF EQUITY DEFENDANTS TO FOURTH AMENDED COMPLAINT (filed 10/20/2020) TENTATIVE RULING The demurrer is sustained in part and otherwise overruled. The demurrer is sustained for the limited purpose of granting Plaintiff 10 days' leave to amend the 4AC to use definitions to distinguish between the Equity Defendants (collectively and/or separately) and Defendant Hackworth in its allegations. No substantive amend...

Excerpt: ... is ordered to produce the entire 2017‐2020 versions of their Service Operations Manual subject to a protective order that prohibits disclosure of those manuals in any other proceeding. RFP No. 10: The motion is denied as to this request. RFP Nos. 16 & 18: Upon confirmation at the hearing that Defendant searched each phrase in Plaintiff's definition separately (rather than one cumulative search containing all terms), the motion is denied as to ...

Excerpt: ...ertifies the class for purposes of settlement; 2. The Court finds that the settlement is fair, adequate, and reasonable; 3. Class counsel is awarded $700,000 in attorney fees and $27,383.47 in costs; 4. Class representative Lizette Flores is awarded an enhancement payment of $7,500 5. The claims administrator, ILYM Group, Inc., is awarded $20,000 in settlement administration costs; 6. Payment of $50,000 for PAGA penalties, $37,500 (75% of $50,000...

Excerpt: ...ards $14,472.50 in fees and $1,617.56 in costs. Additionally, the court approves the parties' agreed $5,200 JCCP coordination fee agreement, for a total award of $21,290.06. Discussion This is a two cause of action breach of warranty lemon law case filed on May 31, 2018 against Defendant Kia Motors America, Inc. (“Kia”) for claims arising from Plaintiff's purchase of a 2016 Kia Optima. On a date the parties dispute, the parties did reach a se...

Excerpt: ... is denied. Discussion Plaintiffs William Dwight Touchberry (“Touchberry”) and Laurie Touchberry (“Laurie”) (collectively “Plaintiffs”) sued Defendants 3M Company (Doe 1), Creative Art Materials Ltd. (Doe 2), GPC International Inc. (Doe 3), Masterchem Industries LLC (Doe 4), Packaging Service Co.(Doe 5), Rust‐Oleum Corporation (Doe 6), Rust‐Oleum Corporation as successor‐by‐acquisition to the Testor Corporation (Doe 7), The Sh...

Excerpt: ...e claim of exemption. Discussion On September 12, 2019 the court entered default judgment against Defendant Eswin Deleon and Lee's Automotive Repair, LLC (“LAR”) in the amount of $84,779.38. Plaintiff Jane Lee attempted to garnish wages and levy the accounts of the LAR. On August 10, 2020 Defendants apparently filed a claim of exemption, claiming that the cash amounts in LAR's bank accounts are exempt because the money is necessary for the op...

Excerpt: ...MMARY JUDGMENT, OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES (filed 3/20/2020) 2. VERGARA'S MOTION FOR SUMMARY ADJUDICATION (filed 3/20/2020) 3. VERGARA'S MOTION TO FILE REPLY UNDER SEAL (filed 9/15/2020) TENTATIVE RULING 1. Loeb's motion for summary judgment is denied in its entirety. 2. Vergara's motion for summary adjudication: Defer ruling. Some materials missing. See footnote 5 below. 3. Vergara's motion to file reply papers under ...

Excerpt: ...s sustained without leave to amend. The demurrer to the fourth cause of action is overruled. See instructions/order below re leave to amend. DEADLINE: 11/20/20. Discussion On June 10, 2020 Plaintiff John Herman filed this action against BHFC Capital, LLC, alleging: C/A 1: Breach of Written Contract C/A 2: Breach of Oral Contract C/A 3: Breach of Written Contract C/A 4: Promissory Estoppel C/A 5: Unfair Business Practices § 17200 C/A 6: Unfair Bu...

Excerpt: ...OF RAFAEL JUAREZ, SR. (filed 9/25/2020) TENTATIVE RULING 1. And 2. Plaintiff's motion to compel and Sears' motion for a protective order: Grant in part; deny in part. Category of Topics: Sears is ordered to produce a PMK on categories 1‐9. Sears need not produce a PMK on category 10. Sears is ordered to produce these PMKs within 40 days. Requests for Production: Sears is ordered to produce documents on RFP Nos. 1, 3, 5, 7, 9, 10, 12, 13, 14, 15...

Excerpt: ...om an earlier filing as an exhibit only to counsel's declaration, on 9/22/20, and without a proof of service). Discussion Plaintiff Enterprise One, Inc. sued Defendants Okhui Plummer, Jaime Huerta, and Juanita Huerta for breach of contract claims relating to Plummer's sale of real property (commonly known as 19917 E. Valley Boulevard, Walnut, California 91789: the “Property”) to the Huerta Defendants instead of Plaintiff. After negotiating in...

Excerpt: ...row's Demurrer to First Amended Complaint (filed 9/25/20) TENTATIVE RULING West Coast Escrow's demurrer is sustained as to the first and second cause of action with leave to amend. The demurrer is sustained as to the third cause of action without leave to amend. See instructions/order re leave to amend on last page. DEADLINE: NOV. 19, 2020 Discussion On April 29, 2020 Plaintiffs Jeremy Decuir & Jessica Clark filed this action against Defendants R...

Excerpt: ...ause off action is sustained with leave to amend. The motion to strike is granted in part and denied in part. Paragraph 4 of Plaintiffs' prayer for relief is stricken with leave to amend. The remainder of Defendant's motion to strike is denied. The court issues an Order to Show Cause on ________________ why Plaintiffs' counsel should not be sanctioned in the amount of $500 for failing to meet and confer prior to Defendant's filing a demurrer. Any...

Excerpt: ...thin 10 days. Discussion On July 14, 2020 Plaintiff His Glory Community Church (“Church”),[1] a nonprofit religious corporation, filed this action against Defendants Pacifico Diversion, Rafael Madriaga, Jose Luzarito, and Grace Arambulo‐Ruero for: C/A 1: Declaratory Relief—Injunctive Relief C/A 2: Conversion C/A 3: Private Nuisance C/A 4: Negligent Interference with Prospective Economic Advantage C/A 5: Breach of Fiduciary Duties C/A 6: C...

Excerpt: ...he amount of $100.00 against defendants and their counsel, payable in 30 days. Alternatively, in lieu of monetary sanctions, the court would consider striking the demurrer as untimely filed for the hearing date originally noticed, mooting the hearing on the demurrer. Should the demurrer go forward, the demurrer to the complaint is overruled. Defendants shall file and serve their answer to the complaint within 10 days. Discussion On June 4, 2020 P...

Excerpt: ... ALTERNATIVE, FOR A PROTECTIVE ORDER (filed 8/19/2020) PLAINTIFF'S MOTION TO COMPEL DEPOSITION OF CYNTHIA CAMPOS AND SANCTIONS (filed 8/24/2020) PLAINTIFF'S MOTION TO COMPEL DEPOSITION OF DOROTHY BECERRA AND SANCTIONS (filed 8/24/2020) TENTATIVE RULING Category A: The court orders Defendant to file a supplemental document that expressly withdraws all privilege objections to the deposition notices and states that Defendant has not withheld any doc...

Excerpt: ...within 10 days. Discussion Plaintiffs filed a second amended complaint (the “SAC”). On September 23, 2020 Defendant filed a motion to strike Plaintiffs' punitive damages allegation. On October 15, 2020 Plaintiffs filed an opposition. On October 21, 2020 Defendant filed a reply. ANALYSIS A motion to strike lies only where the pleading has irrelevant, false or improper matter, or has not been drawn or filed in conformity with laws. (Code Civ. P...

Excerpt: ...ruled in its entirety. Defendant's answer shall be filed and served within 10 days. Discussion On May 4, 2020 Plaintiff Marvin Gross filed this action against Defendant. In 2009, Defendant retained a now dissolved law firm, Gross & Gross APC (“G&G”), to defend her in a quiet title action. Defendant and G&G entered into an attorney‐client fee agreement, where Defendant agree to pay G&G 30% of her gross recovery if the case went to trial. Pla...

Excerpt: ...laintiff's motion for an order to seal the requested documents is granted. The court denies Plaintiff's request for terminating sanctions. However, the court uses its discretion to fashion the following sanctions:  Defendant Loeb is precluded from offering any other additional evidence (facts, witnesses, or documents) other than the facts, witnesses, or documents that Loeb included in Loeb's May 2020 form interrogatory responses at trial for a...

Excerpt: ...irety. The motion to strike is denied. Defendant's answer shall be filed and served within 10 days. Case management conference (10/28/20) may be advanced to this date if counsel are agreeable. Discussion On June 30, 2020 Plaintiffs Mark Benavides and Jamie Benavides filed this action against Defendant Carmax Auto Superstores California, LLC alleging the following causes of action: C/A 1: Violation of Consumers Legal Remedies Act (Injunctive Relie...

Excerpt: ...n the second amended complaint (SAC) are overruled. The motion to strike is granted in part and denied in part as follows:  ¶¶ 48‐55 Covid‐19 delay allegations: The motion to strike is denied as to these allegations.  Allegations related to the fourth cause of action: The motion to strike is granted as to these allegations. Defendant's answer to the SAC shall be filed and served within 10 days. Discussion On April 2, 2020 Plaintiff Ni...

Excerpt: ...s to the first, third, fourth, and sixth causes of action; and sustained without leave to amend as to the second cause of action. See instructions/order re leave to amend on last page. Deadline: OCT. 29, 2020 Discussion On December 17, 2019, Plaintiff Robert Gabriel (“Plaintiff”) filed this action against Defendants Quality Loan Service Corporation; The Bank of New York Mellon f/k/a The Bank of New York as Successor in Interest to JP Morgan C...

Excerpt: ...complaint within 10 days. The court intends to set the matter for trial within 6‐9 months. Discussion On April 24, 2018 Plaintiff Jane Braugh filed this action against Defendant Roy Dow concerning certain real property in Sun Valley, CA. Plaintiff's complaint alleged causes of action for (1) partition, (2) accounting and compensatory adjustments, and (3) injunctive relief. Braugh and Dow were formerly in a relationship. On May 2, 2018 Braugh se...

Excerpt: .../5/2020) TENTATIVE RULING The court grants both motions in part and denies both motions in part, as follows:  Plaintiff is ordered to serve further, verified responses without objections.  The RFAs will not be deemed admitted.  The court grants Defendant's request for $1,254 in monetary sanctions against Plaintiff and Plaintiff's attorneys, jointly and severally. Discussion The is a lemon law case. On May 19, 2020 Defendant Hyundai Motor...

Excerpt: ...0) TENTATIVE RULING Defendants' motion to compel arbitration and stay the action is DENIED. Discussion A. Complaint/Procedural History On March 24, 220 Plaintiff filed a lawsuit against Defendants, Plaintiff's prior employers, alleging that Defendants terminated her after she experienced frequent sexual harassment for months. Plaintiff alleges that after she experienced a sexual battery, she filed a police report. Soon after Plaintiff alleges she...

Excerpt: ...TIVE RULING The demurrer to the first and second causes of action in the cross‐complaint is overruled. The demurrer to the third cause of action in the cross‐complaint is sustained without leave to amend. Cross‐defendant's answer shall be filed and served within 10 days. Discussion Complaint. On May 8, 2020 Plaintiff Lions Gate Entertainment, Inc. (“Lionsgate”) filed this action against Defendant Starline Tours of Hollywood, Inc. (“St...

Excerpt: ...The motion is granted as to 38 and 40, subject to striking the language from the requests that the court describes below. The court denies the motion as to RFP 17, 20, 22‐ 24, 39, and 41 as they are presently phrased. Further verified responses and production within 15 days. The court notes that had the parties scheduled an informal discovery conference, some of the documents sought could have been better identified and narrowed so as to avoid ...

Excerpt: ...an elder is sustained without leave to amend. Discussion On October 23, 2019, Plaintiff Shahnaz Amirtalesh (“Plaintiff”) filed this action against Defendants Rochelle H. Sterling (“Sterling”), Beverly Hills Properties, The Sterling Family Trust, Susan Robman (“Robman”) and Does 1‐ 50 (collectively, “Defendants”), alleging claims arising out of a written lease agreement of an apartment that Plaintiff leased from Defendants. Defen...

Excerpt: ... to Plaintiff's request for judicial notice is sustained. Plaintiff's request for judicial notice is, therefore, denied. Defendants shall file and serve their answers to the complaint within 10 days. Defendants' counsel should assess the merits of a duplicative demurrer filed by their client, co‐defendant Julieta Secretario, which is set to be heard on 10/16/20. Discussion On July 10, 2020 Plaintiff His Glory Community Church, a nonprofit relig...

Excerpt: ...even Han (The Han Law Group) Other counsel: Omitted. CHOI MOTION TO STRIKE LA CONDO/KARPEL CROSS‐COMPLAINT (filed 6/23/2020) TENTATIVE RULING The motion is DENIED. Unless already filed, moving parties' answer to the cross‐complaint shall be filed within 10 days. Discussion Plaintiffs are 28 tenants residing in residential buildings at various addresses in Los Angeles (the “Property”). They allege fourteen causes of action against Defendan...

Excerpt: ...ile and serve their answers to the first amended complaint within 10 days. Discussion On December 23, 2019, Plaintiff Paxton Company Cooperative, Inc., filed this action against 3101 Exposition Place, LLC, D/AQ Corporation d/b/a Daum Commercial Real Estate Services, Sehyoung Kim (subsequently dismissed), and Slated Projects, Inc., arising from an oral option agreement to purchase commercial real property. Plaintiff is a qualified social equity ap...

Excerpt: ...he court sets a post‐arbitration status conference on _______________________. Discussion Plaintiff The Film Arcade, LLC, filed this action on April 21,2020 against Defendants OA Acquisitions, LLC and Filmrise Acquisitions, LLC, alleging breaches of three written contracts and a fourth cause of action for an accounting. Plaintiff is a motion picture producer and distributor and, in 2015, acquired the rights to distribute three motion pictures t...

Excerpt: ... is overruled. Defendants' answer shall be filed and served no later than Sept. 28, 2020. Discussion On August 10, 2020 Defendants demurred to the Plaintiffs' sixth cause of action for intentional infliction of emotional distress. On August 31, 2020 Plaintiffs filed an opposition. On September 11, 2020 Defendants filed a reply. ANALYSIS Sixth Cause of Action for Intentional Infliction of Emotional Distress “To state a cause of action for intent...

Excerpt: ...TENTATIVE RULING The demurrer is overruled. The motion to strike is denied. Defendant shall file and serve her answer to the FAC within 10 days. Discussion Plaintiffs Belkis Aguilar, Mario Escobar, Mario J. Escobar, Betzy Escobar, and Nathan Escobar filed this action against Lisa Cloughesy, d/b/a T&R Properties II, based on allegations of slum housing and unhabitable living conditions that include issues with mold, bed bugs, rodents, vermin, lack...

Excerpt: ...er to the second, third, fifth, sixth, ninth, and tenth causes of action is OVERRULED. The motion to strike the punitive damage allegation is DENIED. Defendants shall file and serve their answers within 10 days. Discussion On or about May 19, 2020 Plaintiff Hackler Daghighian Martino & Novak, P.C., filed this action against Defendants Knight Law Group and Steve Borislav Mikhov, alleging the following causes of action: C/A 1: Breach of Written Con...

Excerpt: ...r for a deposition within the next thirty‐days. Topic Categories: Defendant is ordered to produce a PMK on topic nos. 1, 2, 5, 7, 9, 10, 11, 12. Defendant need not produce a witness relating to topic nos. 3, 4, 6, 8, 13. Requests for Production: Defendant is ordered to produce documents relating to request nos. 3 and 4. Defendant is also ordered to produce documents relating to request nos. 1, 2, 5, 7, and 8, but only as modified by the court b...