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