Excerpt: ...ic Inc., et. al.) 19STCV16738 (General Start Indemnity Co. v. MB Herzog Electric Inc., et. al.) 19STCV25151 (Covington Specialty Ins. Co. v. MB Herzog Electric Inc., et. al.) 19STCV28611 (Passion Imports, Inc. v. City of Los Angeles, et. al.) 19STCV28663 (Those Certain Underwriters Subscribing Policy v. MB Herzog Electric Inc., et. al.) Counsel for Plaintiff JHANA/opposing party: Boriz Treyzon, Terry Bailey, David Bederman (Abir Cohen Treyzon Sal...

Excerpt: ...esponses shall be served within 15 days; production within 30 days. Further Responses Defendant is ordered to serve further verified responses to RFP Nos. 28‐29, 37‐39, and 41‐57 that withdraws all objections except relevance and third‐party party objections. For RFP Nos. 11‐13, Defendant is ordered to also withdraw all objections and serve a further verified response that states that Defendant has fully complied and is not withholding ...

Excerpt: ...CROSS‐COMPLAINT (filed 6/26/2020) TENTATIVE RULING The demurrer is sustained with leave to amend. See last page for instructions/order re leave to amend. Discussion On July 1, 2017 JWCH Institute Inc. dba Wesley Health Centers hired Gildardo Omar Ortega to work as a Community Health Worker (and was then promoted to Senior Community Health Worker II). Alvaro Ballesteros is JWCH's Chief Executive Officer. In February 2018 Ortega also began workin...

Excerpt: ...missed on the grounds of inconvenient forum. A proposed order has been lodged. Plaintiffs' request for judicial notice is denied. Defendants' request for judicial notice is granted. Plaintiffs' Evidentiary Objections: Declaration of Lingvevicius Overrule: 1, 3 Sustain: 2, 4 Declaration of Ihara Overrule: 1, 2, 3, 4 Sustain: 5 Discussion On February 26, 2020 Plaintiffs Brittany Gorman and Andrew Gorman filed this lemon law action. On April 6, 2020...

Excerpt: ...ction (B&P 17200) against State Farm is overruled. The demurrer to the same cause of action against Javier Sanchez is sustained without leave to amend. Defendant's request for judicial notice is granted. For a clear record of the pleadings, Plaintiff is ordered to file within 5 days a “Notice of Filing of First Amended Complaint filed in District Court, dated July 1, 2020,” which attaches a copy of the operative FAC. Any service copy of the F...

Excerpt: .../2020) TENTATIVE RULING Defendants' request for judicial notice is granted. Plaintiffs' request for judicial notice is denied. See discussion for court's admonition to Plaintiffs' counsel. Defendants' demurrer is overruled. Defendants' motion to strike is denied. Defendants' answer shall be served and filed within 10 days. Discussion This is a lemon law case. On June 12, 2020 Plaintiffs Maria Munoz and Lucio Munoz Carrillo filed this action again...

Excerpt: ...t of $12,852.50 and costs in the amount of $1,650.25 for a total fee and cost award of $14,502.75. Discussion This is a two cause of action breach of warranty lemon law case filed on October 15, 2018 against Defendant FCA US, LLC (“FCA”) for claims arising from Plaintiff's purchase of a 2016 Chrysler 300 car. On March 7, 2019 Defendant served a CCP 998 offer for $126,000 in exchange for return of the vehicle in addition to reasonable attorney...

Excerpt: ...ENDED COMPLAINT (filed 6/25/2020) DEFENDANT NIKKEI'S DEMURRER TO FIRST AMENDED COMPLAINT (filed 7/30/2020) TENTATIVE RULING The court finds that the FAC is not time‐barred. The court finds that California Health and Safety Code § 7100 does not absolutely bar Plaintiff's claims, as presently alleged. The court sustains each defendant's demurrer to the second (fraud), third (negligent misrepresentation), sixth (intentional infliction of emotiona...

Excerpt: ...NTS' SPECIAL MOTION TO STRIKE PLAINTIFF TAYLOR'S SUPPLEMENTAL COMPLAINT (filed 4/6/2020); DEFENDANT DAVID'S JOINDER THERETO (FILED 4/7/2020) DEFENDANTS' DEMURRER TO PLAINTIFF'S SUPPLEMENTAL COMPLAINT (filed 4/6/2020) TENTATIVE RULINGS Defendants' anti‐SLAPP motion: NO TENTATIVE AT THIS TIME. HEAR ARGUMENT. Defendant David's joinder to the entity defendants' anti‐SLAPP motion is granted. Defendants' evidentiary objections to Taylor declaration...

Excerpt: ...the seventh cause of action for fraud is overruled. The motion to strike is granted, in part. The court strikes Plaintiffs' claims for punitive damages with leave to amend by striking page 13, line 8, ¶(e), Plaintiff's prayer “[f]or punitive damages” of the FAC. See instructions/order re leave to amend on last page. Discussion This is a lemon law case. On April 24, 2020, Plaintiffs Angel Rivera and Rasandra Rivera filed this action against D...

Excerpt: ...part. The demurrer to sixth and eleventh causes of action are sustained with leave to amend. The demurrer to the fourth cause of action is overruled. The motion to strike is granted in part and denied in part. The motion is granted as to paragraph 34 with leave to amend. The motion is denied regarding Plaintiff's punitive damages allegations. See instructions/order re leave to amend on last page. DEADLINE: SEPT. 4, 2020 Discussion On September 6,...

Excerpt: ... Li) (filed 01/31/2020) Tentative rulings The motion to quash service is granted. Service of the petition to Li is quashed. Service being ineffective, the motion to compel arbitration against Li is moot and taken off‐calendar. Discussion A. Petition On January 31, 2020 Petitioner Zhong Lun Law Firm, LLP (“Petitioner” or “Firm”) filed this petition to compel arbitration against Respondent Hailin Li and Respondent Xiao Yan Zhang. Li was t...

Excerpt: ...ng a declaration with exhibits in opposition to the demurrer; defense counsel for failing to provide a table of contents/authorities to the demurrer. The demurrer is sustained as to the fourth cause of action for intentional infliction of emotional distress and the sixth cause of action for false imprisonment with leave to amend. The demurrer is overruled as to all other causes of action. The motion to strike is denied. See Instructions/Order re ...

Excerpt: ...NDEVILLE'S MOTION TO COMPEL LEES' RESPONSES TO REQUESTS FOR PRODUCTION (filed 05/08/2020) TENTATIVE RULING Given the Lee parties' August 4, 2020 supplemental responses, the court finds the motion to compel further responses moot. The court denies Mandeville's request for sanctions. Discussion On 12/30/19, Plaintiff in the now‐consolidated Santa Monica action, Mandeville Capital, LLC Real Estate Group V(a), filed this action against Defendants L...

Excerpt: ...ained with leave to amend. See instructions/order re leave to amend on last page. 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 Plai...

Excerpt: ...G The motion is granted. Defendant is ordered to produce a PMK/COR witness to testify about each of the topics in the March 12, 2020 deposition notice and produce all documents that the deposition notice demands at the deposition. The deposition shall be completed within the next 45‐60 days, whether by remote means or in‐ person, depending on Defendant's comfort level. The court grants Plaintiff's request for sanctions and imposes $1,660 in m...

Excerpt: ...e of the arbitration. The court sets a post‐arbitration status conference in 8 months: _______________,2021 at 8:30 a.m. Discussion A. Complaint/Procedural History Plaintiff Philip Schector filed this employment discrimination and retaliation case under California's Fair Employment and Housing Act against Defendant GHP Management Corporation (“GHP”) (employer) and Defendant Modern HR, Inc. (payroll agency and outsourced human resources firm...

Excerpt: ...leave to amend. Defendant's motion to strike is denied as moot. See instructions/order re leave to amend on last page. Discussion Factual and procedural background. On or about May 2015, Plaintiff and Defendant merged together into a company called Plotke Red Lilly Plumbing, LCC (“PRLP”). In September 2016, the principals of PRLP agreed to dissolve. Complaint, ¶ 7. The dissolution occurred on March 22, 2018. Id. Plaintiff alleges that in Sep...

Excerpt: ...E RULING RFP No. 7: The court sustains Defendant's objections re overbreadth, not reasonably particularized, and burdensome objections. The court overrules Defendant's remaining objections. The court grants the motion in part, but only to require Defendant to serve a further response that complies with the code—Defendant may assert all objections except as to confidentiality/trade secrets and need not produce any further documents (unless Defen...

Excerpt: ...not met its initial burden of proof on the managing agent issue. Discussion On February 8, 2019, Plaintiff Richard Williams filed this action under the Fair Employment and Housing Act (“FEHA”) against Defendant Long Beach Memorial Medical Center (“LBMC”) alleging: C/A 1: Harassment in Violation of FEHA C/A 2: Discrimination in Violation of FEHA C/A 3: Failure to Prevent in Violation of FEHA C/A 4: Retaliation in Violation of FEHA C/A 5: W...

Excerpt: ...VE RULING The court GRANTS the motion and compels Plaintiff and Suffolk to arbitration. The court stays this action in its entirety as to all parties. A post mediation status conference is set for _______________ [8‐10 mos.]. Discussion On 2/25/2020 Plaintiff filed this action against various defendants. After filing numerous doe amendments and requests for dismissals, but before any defendant appeared, on April 30, 2020, Plaintiff filed the op...

Excerpt: ...bject to a protective order that allows use of the settlement agreement by Plaintiff/Judgment Creditor City National Bank only for judgment enforcement purposes against judgment debtors. Plaintiff may ask questions regarding the terms of the settlement at future judgment debtor examinations. To the extent that any further law and motion is necessary involving the settlement agreement, Plaintiff is ordered to file the settlement agreement under se...

Excerpt: ...OG) 6. Compel Further Responses SROG (6, 25, 26) Plaintiff's motion: 7. Plaintiff's Motion for Protective Order Defendants' MJOP: 8. County's Motion for Judgment on Pleadings TENTATIVE RULING 1. Compel Further Responses SROG (36‐98): The motion is denied. 2. Compel Further Responses (Damages Statement): The motion is denied. 3. County's Motion for Protective Order: The motion is granted. The court imposes $3,071.25 in monetary sanctions against...

Excerpt: ... is continued to _______ for Defendant to comply with all CRC requirements for admission. Demurrer: The court overrules the demurrer. Defendant's answer shall be filed and served within 10 days. DISCUSSION Factual and procedural background On December 11, 2019, Plaintiff Abelardo Martinez, Jr., filed this action against Defendant Ipevo, Inc., alleging a single cause of action against Defendant IPEVO, Inc. for: C/A 1: Violation of the Unruh Civil ...

Excerpt: ... (filed 05/27/2020) TENTATIVE RULING Adventist's Costs: The court denies the motion, except to reduce the amount of recoverable deposition costs by Adventist to $2,749.28. GAMC's Costs: The court denies the motion, except to reduce the amount of recoverable deposition costs by GAMC to $2,749.28. Discussion Pending Motions 1. Plaintiff's Motion to Tax Adventist's Costs On March 10, 2020 Adventist filed a memorandum of costs. On March 24, 2020, Pla...

Excerpt: ...s motion for leave to file late opposition (filed 06/06/2020) 3. Petition to compel arbitration (filed 01/31/2020); A. Respondents' motion to strike petitioner's reply in support of petition to compel arbitration (filed 06/01/2020) 4. Respondents' motion to quash subpoena to Diamond Valley Escrow Corp. (filed 05/14/2020) Tentative rulings 1. Pro Hac Vice: The court grants the application. One‐year non‐appearance date: ___________. 2 . Motion ...

Excerpt: ...ed 03/16/2020) TENTATIVE RULING Defendant SAP America Inc.'s demurrer is SUSTAINED IN PART and OVERRULED IN PART: Defendant's demurrer is SUSTAINED with leave to amend on the following causes of action:  First and Second causes of action against the entity Plaintiffs only; and  Fourth cause of action for negligence against all Plaintiffs. Defendant's demurrer is OVERRULED as to the following causes of action:  First and Second causes of ...

Excerpt: ...tion. The court sets a post‐arbitration status conference in 8 months: MARCH 15, 2021, AT 8:30 A.M. Discussion Plaintiff Grand Prix Auto Body, Inc., and Defendant Getaround, Inc. entered into a vendor services agreement where Plaintiff agreed to perform vendor services (e.g., inspections, mechanical work, body work, pickup/returns of vehicles) for Defendant in exchange for payment. Plaintiff alleges that Defendant failed to pay various invoices...

Excerpt: ...to compel arbitration is GRANTED, but the court severs the following clause from the arbitration agreement: The parties shall each bear their own costs and attorneys' fees in any arbitration proceeding, provided, however, that the arbitrator shall have the authority to require either party to pay the costs and attorneys' fees of the other party, as is permitted under federal or state law, as a part of any remedy that may be ordered. The court den...

Excerpt: ...roker's DEMURRER TO COMPLAINT AND MOTION TO STRIKE (filed 1/22/20) 2. Ridgegate Escrow, Inc.'s demurrer to complaint and motion to strike (filed 2/10/20) TENTATIVE RULING 1. Defendant Real Estate Ebroker, Inc.'s demurrer to the complaint is OVERRULED as to the first cause of action, and SUSTAINED with leave to amend as to the second, third, and fourth causes of action. Defendant Real Estate Ebroker, Inc.'s motion to strike as to paragraph 24 of t...

Excerpt: ...GRANTS the motion and stays the action in its entirety. A post‐arbitration status conference is set in 8 months, on _________________________. Discussion This is a lemon law case. On November 5, 2019, Plaintiff Maryam Ershadi filed this action against Defendants BMW of North America, LLC (“BMW”) and South Bay BMW (“South Bay”), [1] alleging two causes of action under the Song‐Beverly Consumer Warranty Act (aka lemon law): (1) breach o...

Excerpt: ...sion on last page.) Discussion Plaintiff Yareli Adan filed this action against Defendant Bella + Canvas, LLC (“BELLA”), a clothing manufacturer and distributor, and Defendant BARONHR WEST, Inc. (“BARONHR”), an employment agency, alleging various FEHA violation claims: C/A 1: Discrimination in Violation of Gov't Code §§12940, et. seq. C/A 2: Retaliation in Violation of Gov't Code §§12940, et. seq. C/A 3: Failure to Prevent Discriminati...

Excerpt: ...dural background Plaintiffs Brad Hines and Lisa Hines (“Plaintiffs”) own real property in Los Angeles. Defendants Surfaces U.S.A. (“Surfaces”) is a licensed contractor, Surfaces SCV Design Center (“SCV Design”) is allegedly unlicensed, and the Veale Family Tradition, Inc. (“Veale”) is a subcontractor who performed construction activities on Plaintiff's home (collectively, the “Defendants”). Plaintiffs allege that Defendants an...

Excerpt: ...enth causes of action against him are SUSTAINED WITH LEAVE TO AMEND. Plaintiffs shall file and serve a First Amended Complaint no later than July 21, 2020. Defendant Hocker's unopposed motion to sever is DENIED WITHOUT PREJUDICE as moot in light of the ruling on Hocker's demurrer. Discussion A. Complaint/Procedural History In August 2014, Plaintiffs Cesar A. Bon and Irma Ramirez entered into a verbal lease agreement with Defendant Azher Malik, th...

Excerpt: ...y judgment is GRANTED. Plaintiff has failed to state a prima facie case for each cause of action as set forth herein. Plaintiff's request that the court not consider the motion as exceeding the page limit is DENIED. Factual and procedural background A. Complaint/Allegations On 11/5/18 Plaintiff Rosemarie Bernal filed this action under the Fair Employment and Housing Act (“FEHA”) and the California Family Rights Act (“CFRA”) against Defend...

Excerpt: ...er case should be dismissed, and whether with or without prejudice. Discussion 1. The Complaint Plaintiff State Farm Mutual Automobile Insurance Company filed this action on October 25, 2019 seeking declaratory relief against insureds and the persons that insureds allegedly struck in an automobile accident. Defendant (and insured) Arsen Stepanyan purchased an automobile policy from Plaintiff. Defendant Tereza Lelikian was a permissive driver unde...

Excerpt: ...he FLSA/NLRA issue in the Released Claims language in the Agreement, as indicated in the discussion below. Thereafter, GRANT Preliminary Approval, as follows: (1) The settlement appears to be in the range of reasonableness of a settlement that could ultimately be granted final approval by the Court; (2) Grant conditional class certification; (3) Appoint Protection Law Group and, LLP and Lawyers for Justice, PC as Class Counsel; (4) Appoint Plaint...

Excerpt: ...tion for CFRA retaliation, which is sustained. Hear argument, including whether leave to amend is appropriate as to the fourth cause of action. Discussion Factual and procedural background On November 25, 2019, Plaintiff Fred Dailey filed this action against Defendant Los Angeles Unified School District (“LAUSD”), alleging the following causes of action: C/A 1: for Discrimination in Violation of FEHA (Gov't Code §§ 12940 et seq) C/A 2: for ...

Excerpt: ...r on grounds of uncertainty is OVERRULED except as noted below. The demurrer to the 3rd through 13th causes of action is SUSTAINED with leave to amend. The motion to strike is GRANTED in part and denied in part, as follows: 1. “Irrelevant material:” a. Deny as to Paragraphs 3 and 38 (regarding habitability statutory provisions); b. Grant as to Paragraphs 21‐21 (regarding alter ego allegations) with leave to amend; c. Grant as to Paragraphs ...

Excerpt: ...hibits from the Moreno trial as itemized and described in the motion and personnel records in the files of Spagnoli, Dowling, and Shen which concern race discrimination complaints. All other requests are denied for lack of good cause. Discussion A. Complaint/Procedural History In a now‐consolidated action, Hayes and two other plaintiffs, Johnson, and Routt have sued the City of Beverly Hills for race discrimination in their employment with the ...

Excerpt: ... below. The demurrer to the 1 st, 2 nd, 3 rd, 6 th, and 9th causes of action is SUSTAINED with leave to amend. The motion to strike is GRANTED in part and denied in part, as follows: The court strikes each of the sections that Defendants request EXCEPT the following:  Paragraph 4, pg. 1, line 17, "intentionally";  Paragraph 6, pg. 3, line 4, "intentionally";  Paragraph 7, pg. 3, line 8 "intentionally";  Paragraph 9, pg. 3, lines 23‐...

Excerpt: ...N OF DOCUMENTS, SET ONE (filed 11/7/19) TENTATIVE RULING 1. MOTION TO COMPEL DEFENDANT'S FURTHER RESPONSE TO PLAINTIFF'S SPECIAL INTERROGATORY NO. 1 Defendant's objections to special interrogatory no. (SROG 1) are OVERRULED. The motion is GRANTED, as follows. Belaire‐West notice procedure. The court recognizes the important privacy rights of putative aggrieved employees in PAGA only actions. The parties therefore shall use the procedure describ...

Excerpt: ..., in the alternative, for summary adjudication (filed 12/27/19) [1] TENTATIVE RULING Defendant SCPMG's motion for summary judgment (MSJ) is DENIED. Defendant SCPMG's motion for summary adjudication (MSA) is GRANTED as to Issues 1, 2, 5 and 6 and GRANTED IN PART as to issues 12 and 13 (sex and gender discrimination and related retaliation). Plaintiff has failed to raise triable issues of material fact and some of plaintiff's claims are barred by t...

Excerpt: ...ns are OVERRULED in their entirety. Defendant's motion for summary judgment or, in the alternative, summary adjudication, is DENIED as to each cause of action. NOTE TO COUNSEL: On 3/19/20, the courthouse will be closed to the public, but you may still appear by CourtCall. If a court reporter will be present for the hearing, the hearing will need to be continued to a date after 4/16/20 in compliance with the Presiding Judge's Administrative Order,...

Excerpt: ...pproval of the Parties' PAGA Settlement is GRANTED. Plaintiffs shall lodge updated electronic versions of the proposed Order and Judgment for the court's review. The court will set a return date in 8 months for the administrator's final report: __________________, 2020. Discussion On March 14, 2019, Plaintiffs Diana Moreno and Jennifer Bencangey filed this action against Defendant Sephora USA, Inc. on behalf of the State of California and other a...

Excerpt: ...ps, APLC) DEFENDANT'S MOTION TO BE RELIEVED OF WAIVER OF OBJECTIONS UNDER CCP § 2031.300 (filed 2/7/20) TENTATIVE RULING Defendant's motion to be relieved of waiver of discovery objections is DENIED. Plaintiff's request for $8,092 in monetary sanctions pursuant to Code of Civil Procedure section 2031.300 is DENIED. Plaintiff's request for monetary sanctions pursuant to Code of Civil Procedure section 1008 is DENIED. Discussion On February 7, 202...

Excerpt: ... to Transfer Venue is GRANTED. All transfer fees shall be borne by Plaintiffs. Discussion Factual and procedural background On 9/20/19, plaintiff Arda Textile USA, Inc. (Arda) and plaintiff Cem Bmalki (Bmalki), collectively, Plaintiffs, filed this action against defendant Michel Himy (Himy), and defendant International Laundry, LLC (IL), collectively, Defendants, alleging breach of fiduciary duty; IIED; and involuntary dissolution of IL. Plaintif...

Excerpt: ... the motion to strike on that basis is DENIED. 2. The demurrer to the cross‐complaint is SUSTAINED. See instructions/order below re leave to amend. Discussion Cross‐defendant's request for judicial notice: Grant. Motion to strike Cross‐defendant moves to strike the cross‐complaint because it was untimely filed without leave of court, two days after the answer to the complaint. The cross‐complaint is compulsory because the claims arise o...

Excerpt: ... considered, overruled. Defendant's motion for summary judgment or, alternatively, summary adjudication, is DENIED. Triable issues of material fact exist as noted herein. Discussion Factual and procedural background Plaintiff sues Defendant USC alleging breach of an oral agreement that gave Plaintiff an irrevocable license and right to continue to renew USC football season tickets, commencing in 1986, as long as Plaintiff renewed every year and U...

Excerpt: ...eptions noted below. The court will make the necessary changes on the lodged Judgment that Plaintiff has submitted, no appearance is necessary. Plaintiff is only entitled to: DAMAGES REQUESTED: $44,200.00 $33,500.00 INTEREST: $10,050.00 COSTS: $595.00 ATTORNEY FEES: TOTAL: $44,145.00 Factual background: On August 16, 2019, Plaintiff Grace K. An (“Plaintiff”) filed this lawsuit in pro per against Defendants Sang Don Han and Eui Ae Han (collect...

Excerpt: ...arty should be prepared to address the date counsel met and conferred and why it selected a hearing date three and a half months from filing when earlier dates were available on the court's reservation system. Defendant's answer shall be filed and served within 10 days. Discussion In this landlord‐tenant habitability case, Plaintiffs allege causes of action for: 1) violation of Civil Code § 1942.4; 2) tortious breach of the warranty of habitab...

Excerpt: ...12/23/19) 2. Petition to approve compromise of pending action (minor, with special needs trust) (filed 12/24/19); TENTATIVE RULING 1. Plaintiffs' motion to seal the Petition is GRANTED. The court also orders the unredacted version of the Order approving the compromise be sealed and a redacted version be filed in its place. 2. Re minor's compromise: SUBJECT TO HEARING AND PERSONAL APPEARANCE THEREON by the guardian ad litem/Plaintiff (CRC 7.952(a)...

Excerpt: ...quire whether the parties are amenable to advancing the 3/19/20 CMC to this date. Discussion This is a two‐plaintiff wrongful eviction case from a duplex occupied by Plaintiffs who no attempt to allege IIED in the third cause of action, prompting the defendant landlord's demurrer. Defendant argues that Plaintiffs do not allege facts that (1) Defendant's conduct was outrageous; or (2) Plaintiffs' purported emotional distress was severe. The cour...

Excerpt: ..., Plaintiffs' Request for Default Judgment form CIV‐100, and declarations of Hines and Spurgeon. Proof of service (POS) of these documents was not filed until 2/24/20. After receipt of this POS, the court has reviewed the instant request. The court docket does reflect the following documents were filed as of 1/16/20: 1. Request for Entry of Default/Court Judgment (CIV‐100) (2 pages only; amounts and balance as to Veale only, not Surfaces U.S....

Excerpt: ...Rafael G. Cunanan and Socorro Cunanan's motion for summary judgment/adjudication is DENIED. Discussion Plaintiffs Rafael G. Cunanan (“Rafael”) and Socorro Cunanan (“Socorro”) (collectively “Plaintiffs”) move for summary judgment on the first amended complaint or, in the alternative, summary adjudication of the 1 st – 8th causes of action in the first amended complaint. Procedural issues There may be a notice issue with both moving a...

Excerpt: ...r on grounds of uncertainty is OVERRULED except as noted below. The demurrer to the 3 rd through 13 th causes of action is sustained with leave to amend. The motion to strike is granted in part and denied in part, as follows: (1) “Irrelevant material:” a. Deny as to Paragraphs 3 and 38 (regarding habitability statutory provisions); b. Grant as to Paragraphs 21‐21 (regarding alter ego allegations) with leave to amend; c. Grant as to Paragrap...

Excerpt: ...arvest Management Sub LLC, Harvest Facility Holdings LP, Holiday AL Management Sub LLC, and Scott Wilson) TENTATIVE RULING Defendants Saving Grace Care LLC, Sandra Duenas, and joining Defendants Jon R. Pierson, Harvest Management Sub TRS Corp., Harvest Management Sub LLC, Harvest Facility Holdings LP, Holiday AL Management Sub LLC, and Scott Wilson's Motion to Strike Plaintiff's request for punitive damages is GRANTED with leave to amend. See ins...

Excerpt: ...t. 11, Spring Street Courthouse). As a result, Judge Ongkeko had not reviewed this file earlier. Having reviewed this file for the hearing this date, Judge Ongkeko now makes the following disclosure: Judge Ongkeko discloses that he knows Charles Mathews on a professional basis. Judge Ongkeko does not socialize with Mr. Mathews. Around approximately early to mid‐2002, while closing cases at his then‐firm (Collins, Collins, et al.) and prior to...

Excerpt: ...Properties, The Sterling Family Trust, and Susan Robman's demurrer to the third cause of action of the complaint is OVERRULED. Defendants' demurrer to the fifth cause of action is SUSTAINED with leave to amend. See instructions/order on last page re leave to amend. Defendants Sterling and Robman's demurrer is OVERRULED. Defendants' motion to strike Plaintiff's complaint as to paragraph 66 and page 15, line 8 is MOOT based on the ruling on the dem...

Excerpt: ...ainant Global Aviation Resources, Inc.'s First Amended Cross‐Complaint is denied in its entirety. Allflight shall file and serve its answer to the FAC within 10 days. Discussion This action arises out of a denied warranty coverage claim by Plaintiff Unical Aviation, Inc. ("Plaintiff") for a defective Fan Inlet Diffuser Housing (“FIDH”) part for a Boeing 777. Plaintiff purchased the FIDH from Defendant Global Aviation Resources, Inc. (“Glo...

Excerpt: ...ney's fees is GRANTED in part; DENIED in part. Reasonable attorney's fees are awarded in favor of Plaintiffs in the amount of $29,837.50. Costs and expenses are addressed concurrently in connection with Defendant's motion to tax costs. 2. Defendant's motion to tax costs is GRANTED in part. Plaintiffs' costs are reduced by $369.67. The court awards costs in favor of Plaintiffs in the amount of $3,928.77. 3. The parties' respective evidentiary obje...

Excerpt: ...T AMENDED COMPLAINT PERTAINING TO PUNITIVE DAMAGES AND ATTORNEY FEES (both filed 1/10/20) TENTATIVE RULING Defendant's demurrer to the first cause of action is sustained without leave to amend. Defendant's demurrers to the second, third, fourth, sixth, and eighth causes of action are overruled. Defendant's motion to strike punitive damage claims is denied. Defendant's motion to strike the claim for attorney's fees at lines 4, 8, 12, and 16 on pag...

Excerpt: ...efendant Radix's motion for leave to file a cross‐complaint is GRANTED. A stand‐alone version of the cross‐complaint shall be filed forthwith. The cross‐complaint is deemed served this date on all parties served with the motion. A responsive pleading shall be filed and served within 15 days. Discussion Here, Radix contends that its cross‐complaint arises out of the same incident alleged in Plaintiff's complaint. Radix argues that becaus...

Excerpt: ...rety. Defendant Hyundai Motor America's motion to strike is DENIED. Defendant shall file and serve its answer within 10 days. Note to counsel: To avoid another appearance on 3/19/20, if the parties agree, the court is prepared to advance the Case Management Conference to this date and set the matter for trial (approximately late Jan. or early Feb. 2021). Discussion In this lemon law case, Defendant filed its demurrer to Plaintiff's complaint on g...

Excerpt: ...t, against Plaintiff, on all causes of action. It was further ordered that “the Lis Pendens previously filed and/or recorded by Plaintiff” be expunged. The judgment states that Defendant is entitled to the recovery of attorney's fees and costs as provided by statute against Plaintiff. Defendant timely filed his memorandum of costs, seeking, inter alia, recovery of attorney's fees in the amount of $48,019.60. Plaintiff now moves for an order t...

Excerpt: ... served a proposed judgment which the court intends to file after entering the total of fees and costs awarded ($41,574.33). Discussion Plaintiff moves for attorney's fees as the prevailing party on summary adjudication on the 2 nd, 4 th, 5 th, and 7th Causes of Action against Defendant Paul Korver. Plaintiff moves on the ground that the agreements entered into by Defendant provide for the recovery of attorneys' fees and expenses. Civil Code § 1...

Excerpt: ...f errata filed). Defendants' motion is DENIED. DISCUSSION In this legal malpractice action, Robert Clark “Sonny” Wood II and Access Medical LLC (collectively “Plaintiffs”) retained Gordon Rees Scully Mansukhani LLP, fka Gordon & Rees LLP (“GRSM”), John Phillips, and Wild, Carter & Tipton (collectively “Defendants”) to represent Plaintiffs in connection with a case in the Fresno Superior Court—Ted Switzer v. Flournoy Management, ...

Excerpt: ... as successor by acquisition of both Krylon Products Group and Valspar Corporation); Masterchem Industries LLC; and Sunnyside Corp. Opposing parties: Plaintiffs William Dwight Touchberry and Laurie Touchberry TENTATIVE RULING Defendant's motion to transfer is DENIED. Defendants Wal‐Mart, Union Rubber Inc., The Sherwin‐Williams Company, Masterchem Industries LLC, and Sunnyside Corporation's joinder requests are denied as MOOT. DISCUSSION Summa...

Excerpt: ...motion to quash Plaintiff's deposition subpoena is GRANTED. Discussion Defendants Desmond and Board move for an order quashing the subpoena or, alternatively, limiting the deposition subpoena for production of business records that Plaintiff served on Inspectors of Election LLC. The motion is unopposed. ANALYSIS When a subpoena has been issued requiring the attendance of a witness or the production of documents, electronically stored information,...

Excerpt: ...ADMISSIONS (SET 1) AGAINST JULIO R. SALAZAR; REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $1,904.00 AGAINST DEFENDANT JULIO R. SALAZAR AND HIS COUNSEL OF RECORD (filed 11/18/19) TENTATIVE RULING (1) Plaintiff's motion to compel further responses to Special Interrogatories (Set 1) is:  DENIED as to Special Interrogatories 1‐34, 48‐81, 95‐12; and  GRANTED as to Special Interrogatories 35‐47, 82‐93, 129‐140. (2) Plaintiff's moti...

Excerpt: ...,712.00 $2,902.10. COSTS: $1,666.00 TOTAL: $133,614.10 SUMMARY OF CASE On November 6, 2018, Plaintiffs Li Zhenwei and James Elaine filed this lawsuit against Defendants Adarsha Benjamin and More and More and, LLC, dba MAMA Gallery for: C/A 1: Breach of Written Contract C/A 2: Wrongful Detention C/A 3: Open Account / Unjust Enrichment C/A 4: Account Stated C/A 5: Money Damages (Bounced Check) C/A 6: Promissory Fraud C/A 7: Conversion C/A 8: Illega...

Excerpt: ...STAINED as to 3‐9, 11‐12. Defendant's motion for summary judgment is DENIED. Discussion Plaintiffs Geripsa Molina and Rosa Molina (minor by Geripsa Molina as guardian ad litem) sue Defendant Walgreen Co. for claims arising from Defendant's employee's false accusation of merchandise theft. Defendant now moves for summary judgment asserting that the conduct of Walgreen employees is protected under the doctrine of Shopkeeper's Privilege (Penal C...

Excerpt: ...MINATING SANCTIONS (filed 12/24/19) TENTATIVE RULING Plaintiff's request for judicial notice is GRANTED. Defendants' objections and motion to strike portions of declarations and the RJN is DENIED. Defendant David's joinder to codefendants' opposition is GRANTED. Plaintiff's motion for terminating sanctions is DENIED. Defendant's request for monetary sanctions is DENIED. Discussion Before the court is Plaintiff Taylor's motion for terminating sanc...

Excerpt: ...vision (b). Defendants' motion to set aside default and default judgment is GRANTED, conditionally. Defendants shall pay Plaintiff and Plaintiff's counsel $3,500 in attorney fees for Plaintiff's counsel's work that could have been avoided were it not for Defendants' neglect. The payment must be received by Plaintiff's counsel no later than 15 days from the hearing date. The answer attached to the moving papers is deemed served on Plaintiff as of ...

Excerpt: ...34, 35, 36, and 37. Defendant Alliance's motion is DENIED as to:  Special interrogatory 39; and  Document requests 41, 42, and 44. Both requests for sanctions are DENIED. DISCUSSION On November 7, 2019, Defendant Alliance filed this motion to compel further responses. On November 25, 2019, Plaintiffs filed an opposition. On November 27, 2019, Alliance filed a reply. On December 6, 2019, the court continued the hearing to January 8, 2020. Su...

Excerpt: ...d-alone original version of the pleading. Summary of Case Plaintiffs Min H. Lee and John Yoo (“Plaintiffs”) sue Defendants Azam Samikh (“Samikh”), Bijan Soleymani (“Soleymani”), Armando Aguirre (“Aguirre”), and Tradewinds Investment & Development, Inc. dba Legendary Commercial Real Estate (“Tradewinds”) (collectively “Defendants”) for fraud related to leasing commercial real estate property. Plaintiffs operate a dental off...

Excerpt: ...plis LLC, Ernie Gallardo, Anaiz Delgado, and Ethan Heckman for discrimination, harassment, and wrongful termination due to Plaintiff's age, disability, and veteran status. Prior to filing this action, Plaintiff filed an administrative complaint with the Department of Fair employment and Housing. On September 14, 2018, Plaintiff received a right to sue notice. (Compl., ¶ 20.) On October 9, 2018, Plaintiff filed this lawsuit for: C/A 1: Against Ex...

Excerpt: ... to review in court before the hearing. ******* 4/25/19 Dept. 73 Rafael Ongkeko, Judge presiding SHAUNA CHAPPELL v. CEDARS SINAI MEDICAL CENTER, et al. (18STCV02059) Counsel for plaintiff/opposing party: Jackie Abellada (Estelle, etc.) Counsel for defendant/moving party Ronald Lang, M.D.: Jamie Mason (Doyle, etc.) DEMURRER TO PLAINTIFF'S SECOND AMENDED COMPLAINT; MOTION TO STRIKE CLAIM FOR PUNITIVE DAMAGES (filed 4/3/19) TENTATIVE RULING Defendan...

Excerpt: ... review in court before the hearing. ************* 4/19/19 Dept. 73 Rafael Ongkeko, Judge presiding GEMCAP LENDING I, LLC v. MICHAELIAN & KOHLBERG, INC. (BC713930) PLAINTIFF GEMCAP'S REQUEST FOR ENTRY OF DEFAULT JUDGMENT (1st request rec'd 3/11/19) TENTATIVE RULING Plaintiff's request for entry of default is DENIED without prejudice to a re-submission. The OSC is continued to _______________, 2019. DISCUSSION Factual and procedural background Pla...

Excerpt: ... to review in court before the hearing. ******* 4/5/19 Dept. 73 Rafael Ongkeko, Judge presiding KENT CHEVLI v. 1665 Main Street Group LLC, et al. (19STCV02817) Counsel for plaintiff: David Farkas (DLA Piper) Counsel for defendants: Michael McClellan; Jack Rubin; Carl Gregory (Newmeyer & Dillion) Matters: 1. Applications for pro hac vice admission (filed 2/25/19; cont. from 3/21/19)) 2. Special motion to strike portions of plaintiff's complaint un...

Excerpt: ... to review in court before the hearing. ******* 4/5/19 Dept. 73 Rafael Ongkeko, Judge presiding MAYRA ALEJANDRA SILVA v. JULIO RAFAEL SALAZAR (18STCV08596) PLAINTIFF'S APPLICATION FOR INTERLOCUTORY JUDGMENT / PARTITION BY SALE (filed 3/14/19) TENTATIVE RULING Plaintiff's application for interlocutory judgment is DENIED for the following reasons: (1) Plaintiff's complaint failed to join Wells Fargo as a Defendant; (2) Plaintiff did not record a No...

Excerpt: ... review in court before the hearing. ******* 4/4/19 Dept. 73 Rafael Ongkeko, Judge presiding LANDEN BARRETTE, a minor by and through his Guardian ad Litem ANNA BARRETTE, et al. v. BLUE SHIELD OF CALIFORNIA (BC697564) Counsel for plaintiffs: Scott Glovsky; Ari Dybnis (L.O. Glovsky) Counsel for defendant Blue Shield of California: Gregory Pimstone; John Fogarty; Sarah Gettings (Manatt, etc.) MATTERS: 1. DEFENDANT'S MOTION TO SEAL CERTAIN DOCUMENTS ...

Excerpt: ... review in court before the hearing. ******* 4/3/19 Dept. 73 Rafael Ongkeko, Judge presiding JOSEPH SHEPLER v. BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY (BC705095) Counsel for plaintiff: Dustin Collier; V. Joshua Socks (Collier Law Firm); Ryan Saba; Tyler Vanderpool (Rosen Saba) Counsel for defendant: Elizabeth McNulty; Christine Diaz Reynolds (Taylor Anderson) PLAINTIFF'S MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT (filed 3/6/1...

Excerpt: ... to review in court before the hearing. 4/3/19 Dept. 73 Rafael Ongkeko, Judge presiding SUNPOWER NORTH AMERICA LLC v. SOLAR OPTIMUM INC dba SOLAR OPTIMUM DESIGN AND ELECTRICAL (18STCV08303) Counsel for plaintiff/opposing party: Wayne Terry; Christopher Crowell (Hemar, etc.) Counsel for defendant/moving party: Michael Baker; Jonathan Sutton (Snell, etc.) DEFENDANT'S DEMURRER TO COMPLAINT (filed 2/1/19) TENTATIVE RULING Defendant's demurrer to the ...

Excerpt: ...s facts sufficient to constitute a conversion cause of action. DISCUSSION (For online posting, please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the original, such as the court's use of footnotes/tables (here, none), boldface, italics, or the underscoring of text or case citations. Footnotes, if any, are added to the text at the en...

Excerpt: ...AMERICA N.A.'S DEMURRER TO THE FIRST AMENDED COMPLAINT; MOTION TO STRIKE PORTIONS OF PLAINTIFF'S FAC (filed 3/6/19) TENTATIVE RULING Defendant's request for judicial notice is GRANTED as to Exhibits A-C. Defendant's request is DENIED as to Exhibit D. (Even if granted, the results would be the same.) Defendant's demurrer to the declaratory relief cause of action is OVERRULED. Defendant's motion to strike is DENIED. Defendant BANA shall file and se...

Excerpt: ...he fourth cause of action for conversion is OVERRULED. Richie's answer shall be filed and served no later than 4/8/19. DISCUSSION (For online posting, please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the original, such as the court's use of footnotes/tables (here, none), boldface, italics, or the underscoring of text or case citat...

Excerpt: ... review in court before the hearing. ******* 3/22/19 Dept. 73 Rafael Ongkeko, Judge presiding DANNY RUIZ AGUILAR v. DIGNITY HEALTH dba CAL. HOSP. MED. CENTER; et al. (BC712630) Demurrers (6) and Motions to Strike (3) re First Amended Complaint: DEMURRER AND MOTION TO STRIKE (filed 11.20.18 & 01.25.19) (Defendant Dignity Health dba California Hospital Medical Center) DEMURRER AND MOTION TO STRIKE (filed 11.20.18 & 02.11.19) (Defendant Michelle Hen...

Excerpt: ...ial discovery of Defendant's net worth is DENIED without prejudice. DISCUSSION (For online posting, please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the original, such as the court's use of footnotes/tables (here, none), boldface, italics, or the underscoring of text or case citations. Footnotes, if any, are added to the text at t...

Excerpt: ...her): Russell R. Arens; Richard E. Nusbaum (Law Office of Russell R. Arens) MATTERS (in order of earliest filing date): 1. SPECIAL MOTIONS TO STRIKE (CCP § 425.16) (as to original complaint) (filed 11/5/18 and 11/8/18; hearings 1/2/19 and 1/3/19, cont. by stip. to 2/13/19; cont. by court to 3/15/19 and 3/18/19) Moving parties: Defendants David Cooley and Todd Barnes [Note: Other than an erroneous reference to a non-existent declaration of Benjam...

Excerpt: ... RULING Plaintiff's evidentiary objections are OVERRULED. Defendants' motion to compel arbitration is GRANTED. Plaintiff's request to present oral testimony is DENIED. Except as ordered herein, all future dates are vacated and the case is stayed pending completion of arbitration. The court sets an Order to Show Cause why the case should not be dismissed on the ground that all disputes will have been resolved in arbitration, with the court retaini...

Excerpt: ... than March 22, 2019. DISCUSSION (For online posting, please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the original, such as the court's use of footnotes or tables (none here), boldface, italics, or the underscoring of text or case citations. Footnotes, if any, are added to the text at the end of the document. A hard copy will be ...

Excerpt: ...For online posting, please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the original, such as the court's use of footnotes/tables (here, none), boldface, italics, or the underscoring of text or case citations. Footnotes, if any, are added to the text at the end of the document. A hard copy will be available for the parties to review ...

Excerpt: ...nts shall file and serve their answer(s) no later than March 18, 2019. DISCUSSION (For online posting, please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the original, such as the court's use of footnotes and tables (here, none), boldface, italics, or the underscoring of text or case citations. Footnotes, if any, are added to the te...

Excerpt: ... of motion for one or more of the following purposes . . . (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” Defendants here argue that service was improperly made upon them. The proofs of service filed on December 24, 2018, state that all Defendants were served on December 13, 2018, by substitute servce at an address on Monte Mar Drive in Los Angeles, and that documents were left with “Anna ...

Excerpt: ...N (For online posting, please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the original, such as the court's use of footnotes (here, none), tables (here, one), boldface, italics, or the underscoring of text or case citations. Footnotes, if any, are added to the text at the end of the document. A hard copy will be available for the pa...

Excerpt: ...Y ACTION PENDING ARBITRATION (filed 1/23/19) TENTATIVE RULING All matters are CONTINUED to March 29, 2019 (Defendant's reserved hearing date for its motion for an order to compel arbitration). On the same date, March 29, 2019, the court sets an Order to Show Cause why USC should not be joined as an indispensable defendant in this action (CCP § 389). The parties are instructed to file a joint statement on the issue by 3/22/19. In light of the oth...

Excerpt: ...e continued hearing date is _____________, 2019. Defendant shall file a status report five calendar days before that date. DISCUSSION Case No. BC708535 – Class Action Lawsuit Currently Not Related In an earlier case filed on June 6, 2018, plaintiff here, Angel Contreras-Teo, filed a class action against defendant here, Golden State Food Corps, Case. No. BC708535, alleging causes of action for: (1) failure to provide meal periods; (2) failure to...

Excerpt: ...ATIVE RULING Defendants' motion for attorneys' fees is GRANTED, but reduced to $127,112. The clerk shall insert the amount awarded into the judgment. DISCUSSION (Please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the original, such as the court's use of footnotes (here, none), tables (here, two), boldface, italics, or the underscori...

Excerpt: ... Center, LLC TENTATIVE RULING Plaintiff's motion to compel further responses to Form Interrogatories, General, Set 1, is GRANTED as to interrogatory 15.1. Plaintiff's motion is DENIED as to interrogatories 12.1-12.3. Requests for sanctions are granted in the amount of $1,750 payable by each party to the other. Discussion On June 11, 2018, Plaintiff propounded Form Interrogatories, Set 1, on Defendant. After Plaintiff provided two extensions, Defe...