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