Excerpt: ...ause off action is sustained with leave to amend. The motion to strike is granted in part and denied in part. Paragraph 4 of Plaintiffs' prayer for relief is stricken with leave to amend. The remainder of Defendant's motion to strike is denied. The court issues an Order to Show Cause on ________________ why Plaintiffs' counsel should not be sanctioned in the amount of $500 for failing to meet and confer prior to Defendant's filing a demurrer. Any...

Excerpt: ...thin 10 days. Discussion On July 14, 2020 Plaintiff His Glory Community Church (“Church”),[1] a nonprofit religious corporation, filed this action against Defendants Pacifico Diversion, Rafael Madriaga, Jose Luzarito, and Grace Arambulo‐Ruero for: C/A 1: Declaratory Relief—Injunctive Relief C/A 2: Conversion C/A 3: Private Nuisance C/A 4: Negligent Interference with Prospective Economic Advantage C/A 5: Breach of Fiduciary Duties C/A 6: C...

Excerpt: ...row's Demurrer to First Amended Complaint (filed 9/25/20) TENTATIVE RULING West Coast Escrow's demurrer is sustained as to the first and second cause of action with leave to amend. The demurrer is sustained as to the third cause of action without leave to amend. See instructions/order re leave to amend on last page. DEADLINE: NOV. 19, 2020 Discussion On April 29, 2020 Plaintiffs Jeremy Decuir & Jessica Clark filed this action against Defendants R...

Excerpt: ...he amount of $100.00 against defendants and their counsel, payable in 30 days. Alternatively, in lieu of monetary sanctions, the court would consider striking the demurrer as untimely filed for the hearing date originally noticed, mooting the hearing on the demurrer. Should the demurrer go forward, the demurrer to the complaint is overruled. Defendants shall file and serve their answer to the complaint within 10 days. Discussion On June 4, 2020 P...

Excerpt: ... ALTERNATIVE, FOR A PROTECTIVE ORDER (filed 8/19/2020) PLAINTIFF'S MOTION TO COMPEL DEPOSITION OF CYNTHIA CAMPOS AND SANCTIONS (filed 8/24/2020) PLAINTIFF'S MOTION TO COMPEL DEPOSITION OF DOROTHY BECERRA AND SANCTIONS (filed 8/24/2020) TENTATIVE RULING Category A: The court orders Defendant to file a supplemental document that expressly withdraws all privilege objections to the deposition notices and states that Defendant has not withheld any doc...

Excerpt: ...within 10 days. Discussion Plaintiffs filed a second amended complaint (the “SAC”). On September 23, 2020 Defendant filed a motion to strike Plaintiffs' punitive damages allegation. On October 15, 2020 Plaintiffs filed an opposition. On October 21, 2020 Defendant filed a reply. ANALYSIS A motion to strike lies only where the pleading has irrelevant, false or improper matter, or has not been drawn or filed in conformity with laws. (Code Civ. P...

Excerpt: ...ruled in its entirety. Defendant's answer shall be filed and served within 10 days. Discussion On May 4, 2020 Plaintiff Marvin Gross filed this action against Defendant. In 2009, Defendant retained a now dissolved law firm, Gross & Gross APC (“G&G”), to defend her in a quiet title action. Defendant and G&G entered into an attorney‐client fee agreement, where Defendant agree to pay G&G 30% of her gross recovery if the case went to trial. Pla...

Excerpt: ...laintiff's motion for an order to seal the requested documents is granted. The court denies Plaintiff's request for terminating sanctions. However, the court uses its discretion to fashion the following sanctions:  Defendant Loeb is precluded from offering any other additional evidence (facts, witnesses, or documents) other than the facts, witnesses, or documents that Loeb included in Loeb's May 2020 form interrogatory responses at trial for a...

Excerpt: ...irety. The motion to strike is denied. Defendant's answer shall be filed and served within 10 days. Case management conference (10/28/20) may be advanced to this date if counsel are agreeable. Discussion On June 30, 2020 Plaintiffs Mark Benavides and Jamie Benavides filed this action against Defendant Carmax Auto Superstores California, LLC alleging the following causes of action: C/A 1: Violation of Consumers Legal Remedies Act (Injunctive Relie...

Excerpt: ...n the second amended complaint (SAC) are overruled. The motion to strike is granted in part and denied in part as follows:  ¶¶ 48‐55 Covid‐19 delay allegations: The motion to strike is denied as to these allegations.  Allegations related to the fourth cause of action: The motion to strike is granted as to these allegations. Defendant's answer to the SAC shall be filed and served within 10 days. Discussion On April 2, 2020 Plaintiff Ni...

Excerpt: ...s to the first, third, fourth, and sixth causes of action; and sustained without leave to amend as to the second cause of action. See instructions/order re leave to amend on last page. Deadline: OCT. 29, 2020 Discussion On December 17, 2019, Plaintiff Robert Gabriel (“Plaintiff”) filed this action against Defendants Quality Loan Service Corporation; The Bank of New York Mellon f/k/a The Bank of New York as Successor in Interest to JP Morgan C...

Excerpt: ...complaint within 10 days. The court intends to set the matter for trial within 6‐9 months. Discussion On April 24, 2018 Plaintiff Jane Braugh filed this action against Defendant Roy Dow concerning certain real property in Sun Valley, CA. Plaintiff's complaint alleged causes of action for (1) partition, (2) accounting and compensatory adjustments, and (3) injunctive relief. Braugh and Dow were formerly in a relationship. On May 2, 2018 Braugh se...

Excerpt: .../5/2020) TENTATIVE RULING The court grants both motions in part and denies both motions in part, as follows:  Plaintiff is ordered to serve further, verified responses without objections.  The RFAs will not be deemed admitted.  The court grants Defendant's request for $1,254 in monetary sanctions against Plaintiff and Plaintiff's attorneys, jointly and severally. Discussion The is a lemon law case. On May 19, 2020 Defendant Hyundai Motor...

Excerpt: ...0) TENTATIVE RULING Defendants' motion to compel arbitration and stay the action is DENIED. Discussion A. Complaint/Procedural History On March 24, 220 Plaintiff filed a lawsuit against Defendants, Plaintiff's prior employers, alleging that Defendants terminated her after she experienced frequent sexual harassment for months. Plaintiff alleges that after she experienced a sexual battery, she filed a police report. Soon after Plaintiff alleges she...

Excerpt: ...TIVE RULING The demurrer to the first and second causes of action in the cross‐complaint is overruled. The demurrer to the third cause of action in the cross‐complaint is sustained without leave to amend. Cross‐defendant's answer shall be filed and served within 10 days. Discussion Complaint. On May 8, 2020 Plaintiff Lions Gate Entertainment, Inc. (“Lionsgate”) filed this action against Defendant Starline Tours of Hollywood, Inc. (“St...

Excerpt: ...The motion is granted as to 38 and 40, subject to striking the language from the requests that the court describes below. The court denies the motion as to RFP 17, 20, 22‐ 24, 39, and 41 as they are presently phrased. Further verified responses and production within 15 days. The court notes that had the parties scheduled an informal discovery conference, some of the documents sought could have been better identified and narrowed so as to avoid ...

Excerpt: ...an elder is sustained without leave to amend. 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 Plaintiff leased from Defendants. Defen...

Excerpt: ... to Plaintiff's request for judicial notice is sustained. Plaintiff's request for judicial notice is, therefore, denied. Defendants shall file and serve their answers to the complaint within 10 days. Defendants' counsel should assess the merits of a duplicative demurrer filed by their client, co‐defendant Julieta Secretario, which is set to be heard on 10/16/20. Discussion On July 10, 2020 Plaintiff His Glory Community Church, a nonprofit relig...

Excerpt: ...even Han (The Han Law Group) Other counsel: Omitted. CHOI MOTION TO STRIKE LA CONDO/KARPEL CROSS‐COMPLAINT (filed 6/23/2020) TENTATIVE RULING The motion is DENIED. Unless already filed, moving parties' answer to the cross‐complaint shall be filed within 10 days. Discussion Plaintiffs are 28 tenants residing in residential buildings at various addresses in Los Angeles (the “Property”). They allege fourteen causes of action against Defendan...

Excerpt: ...ile and serve their answers to the first amended complaint within 10 days. Discussion On December 23, 2019, Plaintiff Paxton Company Cooperative, Inc., filed this action against 3101 Exposition Place, LLC, D/AQ Corporation d/b/a Daum Commercial Real Estate Services, Sehyoung Kim (subsequently dismissed), and Slated Projects, Inc., arising from an oral option agreement to purchase commercial real property. Plaintiff is a qualified social equity ap...

Excerpt: ...he court sets a post‐arbitration status conference on _______________________. Discussion Plaintiff The Film Arcade, LLC, filed this action on April 21,2020 against Defendants OA Acquisitions, LLC and Filmrise Acquisitions, LLC, alleging breaches of three written contracts and a fourth cause of action for an accounting. Plaintiff is a motion picture producer and distributor and, in 2015, acquired the rights to distribute three motion pictures t...

Excerpt: ... is overruled. Defendants' answer shall be filed and served no later than Sept. 28, 2020. Discussion On August 10, 2020 Defendants demurred to the Plaintiffs' sixth cause of action for intentional infliction of emotional distress. On August 31, 2020 Plaintiffs filed an opposition. On September 11, 2020 Defendants filed a reply. ANALYSIS Sixth Cause of Action for Intentional Infliction of Emotional Distress “To state a cause of action for intent...

Excerpt: ...TENTATIVE RULING The demurrer is overruled. The motion to strike is denied. Defendant shall file and serve her answer to the FAC within 10 days. Discussion Plaintiffs Belkis Aguilar, Mario Escobar, Mario J. Escobar, Betzy Escobar, and Nathan Escobar filed this action against Lisa Cloughesy, d/b/a T&R Properties II, based on allegations of slum housing and unhabitable living conditions that include issues with mold, bed bugs, rodents, vermin, lack...

Excerpt: ...er to the second, third, fifth, sixth, ninth, and tenth causes of action is OVERRULED. The motion to strike the punitive damage allegation is DENIED. Defendants shall file and serve their answers within 10 days. Discussion On or about May 19, 2020 Plaintiff Hackler Daghighian Martino & Novak, P.C., filed this action against Defendants Knight Law Group and Steve Borislav Mikhov, alleging the following causes of action: C/A 1: Breach of Written Con...

Excerpt: ...r for a deposition within the next thirty‐days. Topic Categories: Defendant is ordered to produce a PMK on topic nos. 1, 2, 5, 7, 9, 10, 11, 12. Defendant need not produce a witness relating to topic nos. 3, 4, 6, 8, 13. Requests for Production: Defendant is ordered to produce documents relating to request nos. 3 and 4. Defendant is also ordered to produce documents relating to request nos. 1, 2, 5, 7, and 8, but only as modified by the court b...