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...