Excerpt: ...evidence and/or legal authority that demonstrates he has standing and is not judicially estopped from bringing these claims against U.S. Bank, Defendant's demurrer is SUSTAINED WITHOUT LEAVE. 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 (here, n...

Excerpt: ...saline Ayoub; Adam Wright (Quintairos, etc.) PLAINTIFFS' MOTION FOR LEAVE TO AMEND THE COMPLAINT (filed 10/12/18) TENTATIVE RULING Plaintiffs' motion for leave to amend is GRANTED, conditionally: Conditional grant. If Plaintiffs wish to amend their complaint as prayed and if Defendants plan to take Dr. Kar's second deposition, Plaintiffs are ordered to reimburse the Defendants for all of the defense costs of the first deposition of Dr. Kar (his f...

Excerpt: ...e § 473(b) is DENIED. 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) 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 ...

Excerpt: ...emurrer is OVERRULED. Defendant Thomas J. Cachur, D.O.'s motion to is GRANTED IN PART, only as to allegations for punitive damages. The motion is otherwise DENIED. Defendant Cachur shall file and serve his answer to Plaintiff's FAC no later than March 4, 2019. 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 origin...

Excerpt: ...TENTATIVE RULING Defendant's motion to quash is GRANTED. DISCUSSION On December 21, 2018, specially appearing Defendant filed its second motion to quash Plaintiff's summons and complaint because: (1) there was an invalid service of the summons and complaint; (2) Plaintiff failed to conduct due diligence and serve Defendant by personal service required by Code of Civil Procedure section 415.10; (3) Plaintiff failed to file a Proof of Service in co...

Excerpt: ...f the proposed judgment that includes the modifications discussed in the court's ruling on 1/3/19. Discussion On December 17, 2018, the court took Plaintiff's first default judgment application under submission. On January 3, 2019, the court issued a ruling, finding: (1) the court requires evidence that the County has not yet adopted a comprehensive regulatory framework for cannabis per its ordinance section 22.66.010; (2) if no such framework ha...

Excerpt: ...t shall file and serve its answer no later than Feb. 15, 2019. 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, no footnotes), boldface, italics, or the underscoring of text or case citations. Footnotes, if any, are added to the text at the end of the document. ...

Excerpt: ...D. Defendants' answer shall be filed and served no later than 2/11/19. 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, no footnotes), boldface, italics, or the underscoring of text or case citations. Footnotes, if any, are added to the text at the end of the do...

Excerpt: ...he 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, 1 footnote), 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 in court before the hearing.) Chronology of Events...

Excerpt: ...sitions to the demurrer and motion to strike. Defendant's demurrer is SUSTAINED with leave to amend. Defendant's motion to strike punitive damages is GRANTED without leave to amend. Based on the court's ruling on the demurrer, Defendant's motion to strike as to the remaining provisions of the FAC is MOOT. See instructions/order below re leave to amend. DISCUSSION (Please note: Unfortunately, the court's tentative ruling website, which is the sour...

Excerpt: ...USTAINED with leave to amend. See instructions/order below re leave to amend. Hear argument re whether case should be stayed pending resolution of the underlying personal injury case, Gnanakone v. Gaeta (BC704959). 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...

Excerpt: ..., ETC. (filed 10/31/18) TENTATIVE RULING Non-parties Apple Inc.'s and Chris Keller's motion to seal portions of and exhibits filed in support of their reply in support of their motion for an order (1) staying the taking of deposition (2) quashing subpoena and deposition notice and (3) for protective order is DENIED. Further, the court reconsiders its earlier ruling (filed 11/7/18) and vacates it. The court unseals the entirety of Exhibit 6 filed ...

Excerpt: ...OCUMENTS (SET 1); SANCTIONS ($3,475) 2. TO COMPEL LING'S FURTHER RESPONSES TO FORM INTERROGATORIES (SET 1); SANCTIONS ($2,975) TENTATIVE RULING Plaintiff and Cross-Defendant Eric Chang's motions to compel further responses are DENIED as moot as further responses have been served. However, Plaintiff and Cross-Defendant Eric Chang's requests for sanctions against Ling and Ling's counsel of record are GRANTED in the amount of _________[hear argument...

Excerpt: ...riem cross-defendants' answer to the cross-complaint shall be filed and served no later than 8/23/18. 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, 1 footnote), boldface, italics, or the underscoring of text or case citations. Footnotes, if any, are added to ...

Excerpt: ...FS' COUNSEL, RALPH R. RIOS AND RALPH M. RIOS OF RIOS AND ASSOCIATES (filed 7/18/18) TENTATIVE RULING Defendants' motion to disqualify Plaintiffs' counsel is DENIED without prejudice. 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, 1 footnote), boldface, italics...

Excerpt: ...inarily, the multiple failures would be sanctionable; indeed, the final failure to appear on 6/19/18 resulted in the dismissal of this matter, mooting monetary sanctions. The failures to appear on 5/2/18 and 6/19/18 remain substantially unexplained despite the clerk's notice via minute order dated 5/2/18. However, in the interests of justice and due to the attorney's error, the court will vacate its order of dismissal under CCP § 473(b) on the c...

Excerpt: ...n the parties' contentious discovery efforts to date, the court is likely to appoint a discovery referee under CCP § 639(a) in the future. 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, boldface, italics, or the underscoring of case citations.) Per CCP §§ 2023.01...

Excerpt: ...istence of the documents, unless the document was a final court order or judgment. However, the complaint artfully avoids mentioning any dates and these documents alone do not establish the facial viability of defendants' one- year statute of limitations argument for purposes of this demurrer. It is possible that the statute has run, but it is premature to make such a finding at this time based only on the pleadings. The legal malpractice allegat...

Excerpt: ... TO PLAINTIFF'S COMPLAINT AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT (filed 5/18/18) TENTATIVE RULING Defendant's demurrer is OVERRULED. Defendant's motion to strike is DENIED. Defendant shall file and serve its answer to the complaint no later than 8/17/18. 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 ...

Excerpt: ...ED. This action is stayed pending the finality of the appeal in Reynaud v. Technicolor (BC632972). The court sets a status conference on _____________(one year). 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), boldface, italics, or the underscoring of te...

Excerpt: ...TATIVE RULING Defendant's Evidentiary Objections Defendant's evidentiary objections are OVERRULED. (The court notes some confusing numbering and references in objections 4-8.) MSJ Defendant's motion for summary judgment is GRANTED. 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 o...

Excerpt: ...S REDEPOSITION SUBOENA FOR STATE FARM CONSULTANT JOHN DOYLE AND STATE FARM REPRESENTATIVE SALLY CORONA (filed 6/11/18) TENTATIVE RULING Plaintiffs' motions to compel answers to deposition questions and for production of documents are DENIED IN PART; GRANTED IN PART. See infra for specific rulings. Requests for sanctions are DENIED. DISCUSSION (Please note: Unfortunately, the court's tentative ruling website, which is the source of this version, i...

Excerpt: ...av (Beitchman, etc.) DEFENDANTS' DEMURRER TO FIRST AMENDED COMPLAINT; MOTION TO STRIKE PORTIONS OF FIRST AMENDED COMPLAINT (filed 5/30/18) TENTATIVE RULING Defendants' demurrer to the sixth and seventh causes of action of the FAC is SUSTAINED. Defendants' motion to strike is GRANTED as to punitive damages. (Plaintiff's opposition was untimely served, but considered. Plaintiff's future non-compliance will not be considered.) See instructio...

Excerpt: ...rough sixth causes of action is OVERRULED. Defendants' demurrer to Plaintiffs' seventh causes of action is SUSTAINED on grounds of uncertainty and failure to state a cause of action. See instructions/order re leave to amend below re each party's respective deadlines. 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...

Excerpt: ..., and expenses (filed 5/18/18, cont. from 6/14/18) Tentative rulings: 1. Defendants' motion to tax costs sought by Plaintiff: Grant in part; deny in part. See below. 2. Plaintiff's motion for attorney fees, costs, and expenses: Grant in part; deny in part. Having ruled on defendants' motion to tax costs, and the parties having met and conferred thereafter, costs in the unopposed amount of $ are awarded. Reasonable attorney's fees are awarded in f...

Excerpt: ...OFF CALENDAR. This court does not have jurisdiction to rule on this motion pending the stay. Discussion On September 21, 2017, the court granted Defendant Airbnb's motion to compel arbitration. On June 13, 2018, Defendant Airbnb filed this motion to dismiss for Plaintiffs' failure to comply with the court's order compelling arbitration. No opposition appears to have been filed. However, on July 19, 2018, Defendant filed a reply. Defendant acknowl...

Excerpt: ...laintiff's deposition and production of documents at deposition is GRANTED. Defendants' request for the imposition of sanctions against Plaintiff is GRANTED in the amount of $3,252.00. Plaintiff's request for the imposition of sanctions against Defendants is DENIED. 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 ...

Excerpt: ...E RULING Defendant Housing Authority of the City of Los Angeles' demurrer is OVERRULED. Defendant shall file and serve its answer to the FAC no later than 8/6/18. Discussion On May 16, 2018, Defendant filed its demurrer to Plaintiff's second cause of action for violation of Government Code § 12653 because Plaintiff has not pled actions in furtherance of a false claims action, i.e., that Plaintiff investigated matters that “reasonably could lea...

Excerpt: ...y is DENIED. Defendants' requests for sanctions in the amount of $825 is DENIED. DISCUSSION Even assuming Plaintiffs' demand was timely and the inspection was included in the parties' stipulation to continue trial, Plaintiffs do not meet their burden in establishing good cause. The fact that Defendants have inspected Plaintiffs' property twice is unpersuasive because Defendants' inspections were not identical (one was observational and the other ...

Excerpt: ...on filing fee: Defendant filed one motion, but seeks orders for four sets of discovery, thus owes three additional fees. A receipt showing payment of the additional fee of $180 is required and may be presented to the clerk at or before the hearing. Re Motions to compel: The four-in-one motion is unopposed and granted, as follows: Interrogatories: Responding party (defendant Molina) is ordered to serve verified responses, without objection to each...

Excerpt: ...f. from PI court 4/30/18) TENTATIVE RULING Defendants' demurrer is SUSTAINED as to Plaintiffs' seventh cause of action for breach of contract, ninth cause of action for fraud, and Plaintiffs' allegations of alter ego liability. See instructions/order below re leave to amend. Defendants' demurrer is OVERRULED as to Plaintiffs' first, second, third, fourth, fifth, sixth, and eighth causes of action. Defendants' motion to strike is DENIED. DISCUSSIO...

Excerpt: ... (filed 6/14/18) TENTATIVE RULING The court will conduct an in camera hearing. 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, boldface, italics, or the underscoring of case citations. Footnotes, if any, are added to the text at the end of the document. A hard copy w...

Excerpt: ... OF LOS ANGELES UNIFIED SCHOOL DISTRICT OFFICE OF THE GENERAL COUNSEL PARALEGAL MARIA E. RUEDA (filed 6/15/18) TENTATIVE RULING Defendant's motion for reconsideration is DENIED. 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, boldface, italics, or the underscoring of...

Excerpt: ...ing Wu submitted with this second package is the same as that submitted in the first attempt; nothing appears to have been changed. There is no summary of the case (CRC 3.1800). Plaintiff should re-submit an amended declaration clarifying the proper account balance and explaining the exhibits. There is no document that proves the account balance of $116,192.59, nor anything that shows how that amount was arrived at. The latest balance is only in ...

Excerpt: ...A 90290. Default was entered against Defendant on May 10, 2018. Notice of Default was mailed to 101 Pawnee Lane #101, Topanga, CA 90260. The 90290 zip code is Topanga, CA. The 90260 is Lawndale, CA. The present default judgment package was purportedly mailed to the 90290 address. The declaration of Simon Neman, Plaintiff's Managing member, provides that he was the property manager of New Generation at all relevant times. Per the terms of the leas...

Excerpt: ...omplaint is OVERRULED. An answer to the cross-complaint shall be filed and served no later than 7/23/18. The issue of the substitution of a party for the deceased cross-complainant will also be addressed at this time. 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, b...

Excerpt: ...uminous motion, seeking orders for five sets of discovery. However, Plaintiff paid only one filing fee. A receipt showing payment of the additional fees covering the other four discovery sets is required and may be presented to the clerk at or before the hearing. Motions to compel further: Plaintiff's motion to compel further responses is GRANTED as to Plaintiff's first, second, and third sets of special interrogatories. Plaintiff's request for s...

Excerpt: ...e to the defense. Any alleged defects can be addressed in their responsive pleading if necessary, following a proper meet and confer pursuant to Code of Civil Procedure §§ 430.41; 472; and 472a regarding, but not limited to, the following areas: pre-demurrer timely meet and confer efforts; declaration re same; limit on the number of amendments permitted; prohibited grounds for demurrer; and the deadline to file an amended pleading without stipu...

Excerpt: ...aim, but based on the literal language in Probate Code § 19255(a)(1), has not filed a timely action based on the rejected claim. This action was filed before the claim, so it is clearly premature. Neither party has cited authority that either permits or prevents recognition of the action as being deemed timely even though it was filed prematurely. The court does not find that subdivision (a)(2) applies as this is a claim for $50,000 that appears...

Excerpt: ... OF DEFENDANTS (filed 5/23/18) 2. DEFENDANT MIRZA'S MOTION FOR SANCTIONS PURSUANT TO CCP § 128.7 AGAINST PLAINTIFF AND HER COUNSEL JOINTLY AND SEVERALLY, IN THE AMOUNT OF $20,000 AND FOR NON- MONETARY SANCTIONS (filed 4/30/18) TENTATIVE RULING Pro Hac Vice Alexander Loftus' motion to appear pro hac vice is GRANTED on condition that counsel produce missing information that complies with these requirements in California Rules of Court, rule 9.40: ...

Excerpt: ...gs is DENIED. The court notes there is a potentially related case (LASC TC028611) for which a Notice thereof has not been filed and served. Discussion Defendant Pinnacle moves for judgment on the pleadings as to the second cause of action on grounds that constructive trust is a remedy and not a separate cause of action. Defendant requests no leave to amend be granted. In opposition, Plaintiff concedes that the complaint could be amended to remove...

Excerpt: ... to Lyric Enav's declaration are OVERRULED. Defendant's request to strike Oleg Stolyar's supplemental declaration is DENIED. Plaintiff's motion for issue sanctions against Defendant is DENIED. Plaintiff's request for monetary sanctions in the amount of $24,000 is DENIED. Defendant's request for monetary sanctions in the amount of $24,806.25 is DENIED. DISCUSSION (Please note: Unfortunately, the court's tentative ruling website, which is the sourc...

Excerpt: ...d 4/2/18) TENTATIVE RULING Defendant Vernon Healthcare Center, LLC dba Vernon Healthcare Center's motion for summary adjudication is DENIED as untimely served. Discussion Plaintiffs argue Defendant Vernon did not timely serve Plaintiffs with the motion. The court agrees that defendant Vernon's motion was not timely served. Code of Civil Procedure section 437c, subdivision (a)(2), provides that “[n]otice of the motion and supporting papers shall...

Excerpt: ... Development's demurrer to Plaintiff's SAC is OVERRULED. Defendant Romano Development shall file and serve its answer to the SAC no later than 6/25/18. 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, 2 footnotes), boldface, italics, or the underscoring of case ...

Excerpt: ... DENIED. Defendants' answer shall be filed and served no later than 6/22/18. The court will consider advancing the case management conference from 7/11/18 to this date if all parties agree. Discussion Factual and procedural background Plaintiffs Claudia R. Johnson, Lawrence Johnson, Gilbert Hosea, and Gregory Mayes sue their landlords Defendants Moises Saldate and Maria Saldate for the gross dereliction of their duty to provide Plaintiffs a habit...

Excerpt: ...pposed amount of $1,142.41 are awarded. Reasonable attorney's fees are awarded in favor of plaintiff in the amount of $13,140. DISCUSSION There is no dispute regarding moving party's entitlement to a statutory attorney's fee award under the so-called lemon law, Song-Beverly Consumer Warranty Act; Civ. Code § 1794(d) Plaintiff's motion seeks a lodestar of $14,960 based on 43 hours at different hourly rates ranging from $250 to $500 per hour, plus...

Excerpt: ...ve lodged a proposed order which the court intends to sign and file. All future dates are vacated; no further calendar dates. Discussion On February 15, 2018, the court ordered Plaintiff to appear for her deposition within 30 days of the order based on the availability of Plaintiff. The court also imposed $2,072 in sanctions. Plaintiff failed to appear for her deposition or pay sanctions. Defendant Pampas Grill, Inc. also moves for terminating sa...

Excerpt: ...____. DISCUSSION Plaintiff moves to have the stay lifted on the grounds that the arbitration hearing date has been taken off calendar; the case has been stayed indefinitely because there is an outstanding $15,000 fee; under the Armendariz case (2000) 24 Cal.4th 83, it is defendants' obligation to pay the fees for arbitration; and the arbitrator has abused his discretion, is biased, and partial. In opposition, defendants state that the fee has act...

Excerpt: ...dants De Mayo and Saphire (filed 5/9/18) TENTATIVE RULING Demurrer of Patricia Valle: 1. Defendant's Request for Judicial Notice is granted. 2. Plaintiff's Request for Judicial Notice is granted. 3. Defendant's demurrer to the first, second and third causes of action is SUSTAINED WITHOUT LEAVE TO AMEND. 4. Defendant's demurrer to the fifth cause of action is OVERRULED. Patricia Valle shall file and serve her answer to the FAC no later than June 1...

Excerpt: ...ley is GRANTED. Plaintiffs' theory is based on its written agreement (SAC, Ex. A) with My Marketing Solution, LLC, a non- party. The court's ruling on the previous demurrer to the FAC described this document as a largely unintelligible one. The court will hear argument regarding leave to amend as to defendant Talley. As to the first cause of action for breach of contract, the motion of defendant My Loan Ranger is GRANTED. Plaintiff's theory is ba...

Excerpt: ... REQUEST SANCTIONS ($16,835) (fled 4/30/18) TENTATIVE RULING Plaintiff's motion to compel compliance is GRANTED. No later than June 15, 2018, Defendant is ordered to produce all emails and complete email chains sent to or from Defendant Mahoney concerning Plaintiff. Defendant must Bates-number all documents he produces. Further, Defendant must prepare and serve a meaningful privilege log for any documents withheld under a claim of privilege. Plai...

Excerpt: ...FOR ORDER VACATING ARBITRATION AWARD) (filed 5/8/18, w/notice of errata filed 5/23/18) TENTATIVE RULING: Plaintiff's motion is DENIED. Defendant's request for sanctions: GRANT; amount to be determined Discussion Brief factual and procedural background Plaintiff filed this lawsuit in July 2012, alleging he was employed by Defendant for 17 years as a Mental Health Worker, with his employment concluding in his wrongful termination on July 13, 2011. ...

Excerpt: ...iled 5/2/18) TENTATIVE RULING Defendants Pacific Continental Textile (PCT), Pacific Continental Textiles, Inc., and Edmund Kim International, Inc.'s motion to compel Plaintiff Dulce Robledo's production of her cell phones for inspection along with her passcode is GRANTED. The production date shall occur on or before ____________, for a ____ business-day period, at which time the cell phone(s) shall be returned. Requests for sanctions are DENIED. ...

Excerpt: ...ered to meet and confer regarding Plaintiffs' informal request for leave to file a First Amended Complaint, the results of which may affect the time within which Defendant is ordered to file and serve its answer. In the absence of a stipulation re the FAC, Defendant's answer to the original complaint shall be filed and served no later than 6/8/18. DISCUSSION (Please note: Unfortunately, the court's tentative ruling website, which is the source of...

Excerpt: ...plaint is GRANTED. The FAC is deemed served. Defendant's responsive pleading shall be filed and served no later than June 15, 2018. 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, boldface, italics, or the underscoring of case citations. A hard copy will be available...

Excerpt: ...ARY ADJUDICATION (filed 2/15/18) TENTATIVE RULING The parties' unopposed motions to seal documents submitted are GRANTED based on the same reasons indicated in the court's prior sealing order. The court will require the parties to meet and confer to reach a stipulation regarding releasing the sealed documents to the parties at the conclusion of this case. Defendant's motion for summary adjudication of Plaintiff's first, second, third, and fifth c...

Excerpt: ...(1) Knieriems' Motion for Summary Adjudication CAM's notice of joinder to Dunlap's Opposition is DENIED. Knieriems' evidentiary objections are OVERRULED. Knieriems' motion for summary adjudication is DENIED. (2) and (3) Good faith settlement motions CAM's application for determination of good faith settlement is GRANTED on condition that the order is revised to include the agreed upon clarifying language re: “property damage.” Elite's applica...

Excerpt: ...KH AND SOLEYMANI'S MOTION TO STRIKE PORTIONS OF SECOND AMENDED COMPLAINT (filed 4/2/18); JOINDER (filed 4/2/18) TENTATIVE RULING The joinder of the Aguirre and Tradewinds parties is GRANTED. Defendants' motion to strike portions of Plaintiffs' Second Amended Complaint is DENIED. Defendants' answer shall be filed and served no later than June 1, 2018. DISCUSSION (Please note: Unfortunately, the court's tentative ruling website, which is the source...

Excerpt: ...rther status/case management conference for _____________, 2018 at 8:30 a.m. in Dept. 73. Discussion Defendant requests a stay pending the resolution of a federal action which addresses similar issues. “Trial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency.” (Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489.) “[W]hen a federal action has been filed...

Excerpt: ...ON TO STRIKE PORTIONS OF THIRD AMENDED CROSS-COMPLAINT TENTATIVE RULING Cross-Defendants' request for judicial notice is GRANTED. Cross-Defendants' special motion to strike portions of the TAXC is DENIED AS UNTIMELY. Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism (2018) 4 Cal.5th 637 (remittitur pending; affirming opinion in 6 Cal.App.5th 1207). The court chooses not to exercise its discretion to allow this untimely anti-SLAPP mo...

Excerpt: ...OF ISSUES (filed 12/8/17; continued from 2/23/18 and 5/16/18) TENTATIVE RULING The parties' evidentiary objections are OVERRULED. Plaintiffs' request for judicial notice is DENIED. Plaintiffs' motion for summary adjudication of Issue 1 (1st cause of action for violation of Penal Code § 632) is DENIED. Plaintiffs have not negated Defendant Hudson's affirmative defense of extortion, and even if they have, Defendant Hudson has raised triable issues...

Excerpt: ...IVE RULING Plaintiff has met its burden to show it has standing. Plaintiff's MSA is GRANTED as to the first and second causes of action; DENIED as to the third cause of action. 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, boldface, italics, or the underscoring of ...

Excerpt: ...: 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, boldface, italics, or the underscoring of case citations.) On February 8, 2018, the court granted Plaintiffs' motion to compel deponent Steve Stasiak to produce requested documents at his deposition. The court granted Plaintiffs' request for ...

Excerpt: ...ion of the property division in the family law case between Plaintiff and defendant's brother, David Dagmi (LASC No. BD615555), or until further order of the court, whichever comes first. Defendant's demurrer and motion to strike are off‐calendar to be re‐set at a future date. The court sets a status conference re: status of family law case BD615555 to_________. Defendant shall file a Notice of Related Case in LASC No. BD615555 and this actio...

Excerpt: ...or rescission of contract based on fraud in the inducement against Multicorp International Inc. (“MCI”), and Ben Freidman. Defendant's demurrer is OVERRULED as to Plaintiff's third cause of action for Breach of Implied Covenant of Good Faith and Fair Dealing against MCI. Defendant's demurrer is SUSTAINED without leave to amend as to Plaintiff's fifth cause of action for “tortious interference with prospective business opportunities” again...

Excerpt: ...ons to compel further responses are DENIED AS MOOT. No sanctions. Discussion Between April 9 and April 11, 2018, Plaintiff timely filed the present four motions to compel further responses. A fifth motion is possible, but not confirmed as a filed motion on the court's docket and does not appear on the court's calendar. Each motion requests sanctions in the amount of $1,320. Combined, Plaintiff seeks $6,600 in sanctions against Defendant Joh and i...

Excerpt: ...RIFURCATE THE ISSUE OF JOINT EMPLOYMENT LIABILITY AND THE ISSUE OF DAMAGES FROM LIABILITY (filed 4/11/18 TENTATIVE RULING (1) Defendant's motion to continue trial is GRANTED. The trial is continued to ____, 2018. [Defendant requests October 22, 2018] All cutoff dates shall track the new trial date. (2) Defendant's motion to trifurcate the issues is DENIED without prejudice to a renewed motion or proposed stipulation at the FSC regarding joint emp...

Excerpt: ...rrer to Ling's cross‐complaint (filed 2/27/18) TENTATIVE RULING (1) Plaintiffs' motion for judgment on the pleadings is DENIED. (2) Cross‐defendant Chang's demurrer to the cross‐complaint is SUSTAINED with leave to amend. See instructions/order re leave to amend and pleading deadlines below. Discussion Plaintiffs Eric Chang (“Chang”) and Brian Lin (“Lin”) (collectively, “Plaintiffs”) allege that, as an inducement to obtain Plain...

Excerpt: ...AL ACT FOR FAILURE TO EXHAUSE ADMINISTRATIVE REMEDIES PURSUANT TO LABOR CODE § 2699.3 (filed 4/5/18) TENTATIVE RULING Defendant's motion for judgment on the pleadings as to the fourteenth cause of action is DENIED. 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, bol...

Excerpt: ...on Plaintiff has failed to meet her burden to demonstrate facts justifying the court's exercise of personal jurisdiction over Pyramid. Even if the court were to consider Plaintiff's argument that Pyramid managed a property owned by California residents that contracted with a California resident, this tenuous contact is not sufficient to justify a California court's exercise of specific jurisdiction over a non‐resident corporation when the overw...

Excerpt: ...ave to amend is unnecessary. Plaintiff has submitted a proposed judgment. All future calendar dates are vacated. No further dates. Discussion Judgment on the pleadings may be ordered in a quiet title cause of action where there is no dispute in the allegations as to ownership of the property. (E.g., Morel v. Morel (1928) 203 Cal. 417; Noller v. Mailloux (1948) 86 Cal.App.2d 364.) To assert a cause of action to quiet title, the complaint must be v...

Excerpt: ...nd properly made. There is no evidence of prejudice to the defense. Any alleged defects can be addressed in its responsive pleading if necessary, following a proper meet and confer pursuant to Code of Civil Procedure §§ 430.41; 472; and 472a regarding, but not limited to, the following areas: pre‐demurrer timely meet and confer efforts; declaration re same; limit on the number of amendments permitted; prohibited grounds for demurrer; and the ...

Excerpt: ...IED. Discussion Timeliness There is no time fixed by statute when an action may be transferred for trial because of convenience of witnesses or to promote justice. The courts have said that it must be made within a reasonable time after the case is at issue on the facts, the determination of which rests largely in the discretion of the trial court.” (Cooney v. Cooney (1944) 25 Cal.2d 202, 208.) Here, the complaint was filed on November 6, 2017....

Excerpt: ... DENY. Plaintiff has not met its burden to show it has standing. Discussion Despite the caption on the title page of the motion, the notice of motion is one for summary adjudication (MSA) of the first, second, and third causes of action. Factual and procedural background On September 11, 2018, Global Automotive Source, LLC (“Borrower”) executed a promissory note in the principal amount of $250,000 in favor of the Bank of Hope (the “Bank” ...

Excerpt: ...IVE RULING Plaintiff's motion to disqualify Mark H. Boykin as attorney of record is CONTINUED TO __________ pending the determination of whether this case is related to an earlier‐filed case, LC106538. Discussion Factual and procedural background The complaint arises from a letter agreement, dated February 8, 1971 (the “Joint Venture Agreement”) entered between the late Willis E. Urick, Jr. (“Urick”) and Lucien Leo Seifert (“Seifert�...

Excerpt: ...ion for order consolidating actions is DENIED on procedural grounds. Discussion Brief factual and procedural background On April 20, 2017, Plaintiff Truck Insurance Exchange (“Truck Insurance”) filed a complaint for property damage against Defendants Tyco Fire Products, L.P. (“Tyco”), Aztec Fire Protection (“Aztec”), Jack Dunn (“Dunn”), and Does 1 through 50, inclusive. Truck Insurance is the insurance carrier for Wilshire Borgata...

Excerpt: ...laintiff is GRANTED. The deposition shall take place no later than __________ (parties to meet and confer). Discussion Per CCP § 2025.610(b), Defendant seeks an order to compel further deposition of Plaintiff that is narrowly tailored to the medical records Plaintiff produced on January 12, 2018. Defendant argues good cause exists to granting the third deposition because Plaintiff did not produce the medical records until after Plaintiff's Novem...

Excerpt: ...uests for terminating and issue sanctions are denied without prejudice. The court finds that terminating and issue sanctions are not warranted. While Plaintiffs have demonstrated that Rubenstein disobeyed the court's January 2, 2018 order to appear at deposition, the evidence suggests that Rubenstein was unable to agree on previously noticed deposition dates on grounds of his counsel's unavailability as well as Rubenstein's incarceration. Under t...

Excerpt: ...ble issues of material fact exist as to Plaintiff's first cause of action for wrongful termination in violation of public policy (see DSS 4‐19, 23); second cause of action for violation of Civil Code 43 (see DSS 19); third cause of action for violation of Civil Code section 52.1 (DSS 17, 19); fourth cause of action for failure to provide off‐duty meals (DSS 20); fifth cause of action for failure to authorize or permit rest periods (DSS 21); s...

Excerpt: ...DMITTED; SANCTIONS AGAINST PLAINTIFF ($806) TENTATIVE RULING (1) Defendant's motion to compel responses to first and second sets of form interrogatories is GRANTED. The court orders Plaintiff to provide verified responses without objection to the specific interrogatories listed in Defendant's reply no later than March 29, 2018. The court orders the parties to meet and confer re any remaining disputed issues. Defendant's request for sanctions agai...

Excerpt: ...lemental declaration regarding personal jurisdiction over the defendant (CCP §§ 1716(b)(2); 1717(a)) and that the defendant, apparently already in Norwalk, CA at the time, received sufficient notice of that proceeding (CCP § 1716(c)(1)(A)). The new declaration and additional exhibits submitted by counsel (Yaron Shaham) are also conclusory and require further explanation. They do not adequately show the Korean court had personal jurisdiction ov...

Excerpt: ...g. If clarified to the court's satisfaction, the motion is GRANTED on condition that Defendant's answer shall be the General Denial filed earlier (i.e., on 12/26/17) and that it be served on Plaintiff within 10 days. A proof of service showing compliance shall be filed within 10 days of service. There is no authority for the purported filing of the cross‐complaint on 12/26/17 by Chu (no proof of service). That cross‐complaint is stricken on t...

Excerpt: ...s Monique Willett and the Estate of Cooper, but there appears to be no service effected. The court will inquire from Plaintiffs' counsel regarding the status of these named defendants. The court will inquire from cross‐complainant's counsel into cross‐complainant Movsesian's standing to sue for negligence (2d cause of action) in the cross‐complaint. Re demurrer: Cross‐defendant Sparks' demurrer to the cross‐complaint is SUSTAINED with l...

Excerpt: ...ssion Despite the caption on the title page of the motion, the notice of motion is one for summary adjudication (MSA) of the first, second, and third causes of action. Factual and procedural background On September 11, 2018, Global Automotive Source, LLC (“Borrower”) executed a promissory note in the principal amount of $250,000 in favor of the Bank of Hope (the “Bank” or “Plaintiff”). Concurrent with the note, and in further consider...

Excerpt: ...on for leave to file compulsory cross‐complaint is GRANTED. The proposed cross‐complaint attached to the motion is deemed served on all appearing parties. David shall file a stand‐alone version of the cross‐complaint forthwith. Cross‐defendants shall file and serve their responsive pleading no later than 3/23/18. DISCUSSION (Please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not abl...

Excerpt: ...o compel contractual arbitration and request for stay of proceedings is GRANTED, conditionally: 1. Moving party has not paid a first appearance fee. 2. No proof of service of the motion upon defendants Bank of America or Nationstar; If above conditions satisfied, GRANT. Except as ordered herein, all future dates are vacated and the case is stayed pending completion of arbitration. The court sets a post‐arbitration status hearing in six (6) mont...

Excerpt: ...CUSSION (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, boldface, italics, or the underscoring of case citations. A hard copy will be available for review in court before the hearing.) Moving Defendants argue they are entitled to summary judgment as to Plaintiffs' first cause o...

Excerpt: ...Y FILE SECOND AMENDED CROSS‐COMPLAINT (1/22/18) TENTATIVE RULING Cross‐Defendants' motion to dismiss the second amended cross‐complaint with prejudice is DENIED. The court exercises its discretion to deem Payne's opposition as a motion to be relieved from the order requiring a second amended cross‐complaint be filed by 1/12/18. The court notes moving parties did not file a reply; one will be allowed should they request. The SAXC was not f...

Excerpt: ...UNT OF $2,100 TENTATIVE RULING The case having settled, the court addresses the remaining issue of sanctions. Sanctions should be denied in the interest of justice. If the parties agree to submit on this tentative, one party should call the clerk and make such representation and no appearance would then be necessary. Defendant is ordered to make arrangements to retrieve the lodged materials forthwith. The previously set OSC re dismissal date (6/6...

Excerpt: ...f's moving papers in light of their non‐ compliance with Calif. Rule of Court (CRC) rule 3.1110(f) (hard‐tabbing of exhibits). The court does not consider defendants' opposition papers as they are untimely and the nearly 400 pages of Exhibits A through P are in violation of CRC 3.1110(f), no hard‐tabbed exhibits. The motion is denied. Sanctions are denied without prejudice as explained below. Even if the above defects are overlooked, moving...

Excerpt: ...ave a proof of service of the motion upon defendant Allison Anadi. It appears that defendant Anadi is self‐represented pursuant to a substitution of attorney filed and served on 1/26/16. The motion is otherwise well‐taken as prayed, with the exception of four hours ($2,280) for a reply brief which were not necessary in light of the motion's being unopposed. Notice of ruling by plaintiffs. ...

Excerpt: ...rolat, etc.) CROSS‐DEFENDANTS' MOTION TO RECOVER ATTORNEYS' FEES AND COSTS (filed 1/23/18) TENTATIVE RULING Cross‐complainant's Request for Judicial Notice is GRANTED. Cross‐defendants' evidentiary objections to the Declaration of Kevin Vick are OVERRULED. Motion for fees and costs: GRANT IN PART; DENY IN PART. DISCUSSION (Please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to s...

Excerpt: ...t's motion to compel Plaintiff's deposition is GRANTED, in part. Plaintiff is ordered to provide specific dates of her availability to appear for her deposition to be commenced and completed within the next 30 days. Plaintiff is admonished that she has a duty to move her case forward. The court is not inclined to continue the trial due to Plaintiff's failure to satisfy her duty and comply with the Discovery Act. Defendant's request for an order a...

Excerpt: ... TO FIRST AMENDED COMPLAINT & MOTION TO STRIKE PORTIONS OF FIRST AMENDED COMPLAINT (filed 1/2/18); JOINDER (filed 1/4/18) TENTATIVE RULING The joinder of the Aguirre and Tradewinds parties is granted. Moving Defendants' demurrer to the FAC is SUSTAINED with leave to amend. Moving Defendants' motion to strike punitive damages is MOOT. Moving Defendants' motion to strike attorneys' fees is GRANTED with leave to amend. Plaintiffs are instructed to a...

Excerpt: ...s deposition and produce all the documents requested in the notice on March 1, 2018. DSD's request for monetary sanctions is GRANTED. The award is reduced to $3,250 since Plaintiff did not file an opposition and no reply or notice of non‐opposition was required. DSD's request to vacate the trial date to permit adequate time for discovery is DEFERRED at this time. Plaintiff is admonished that he must comply with the Discovery Act rules. Discussi...

Excerpt: ...NT FOR PUNITIVE DAMAGES (filed 1/4/18) TENTATIVE RULING Defendants Capri Urban Baldwin, LLC, Capri Urban Crenshaw, LLC's motion to strike punitive damages from the SAC is DENIED. Discussion On January 4, 2018, Capri Defendants filed another motion to strike Plaintiff's SAC for punitive damages on grounds that Plaintiff's discovery responses fail to provide the evidence necessary to support his request for punitive damages. On January 30, 2018, Pl...

Excerpt: ...8/17) TENTATIVE RULING Defendants/cross‐complainants' motions to quash are DENIED. There is good cause for the materials sought. The discovery sought is directly relevant to the causes of action alleged in the cross‐complaint, and, on balance, the right to discovery outweighs defendants' right to privacy in their financial information under these circumstances. Discussion Factual and procedural background This case arises out of a quiet title...

Excerpt: ...orean court had personal jurisdiction over the defendant (CCP §§ 1716(b)(2); 1717(a)) and that the defendant, apparently already in Norwalk, CA at the time, received sufficient notice of that proceeding (CCP § 1716(c)(1)(A)). Plaintiff shall submit a supplemental or other declaration consistent with the above ruling. ...

Excerpt: ...NT OF $2,100 TENTATIVE RULING Plaintiff's motion to compel deposition testimony of Defendant Young Paik Kim and production of documents is GRANTED. Counsel to meet and confer at the hearing regarding the court's ordering completion of the deposition by a specific appropriate date in light of the upcoming trial date. Plaintiff's counsel is admonished for non‐compliance with CRC 3.1116 (b) and (c) (attach only relevant deposition pages and highli...

Excerpt: ...NIED. Defendant has raised triable issues of material fact as discussed below. 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, boldface, italics, or the underscoring of case citations. A hard copy will be available for review in court before the hearing.) Factual and...