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...