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: ...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: ...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: ..., 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: ...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: ...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: ...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: ... 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: ...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: ...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: ... 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...