Excerpt: ...the Court will adopt the tentative ruling as the final ruling. This is a derivative action brought by members of the Wilshire Fremont Condominium Homeowners Association (“WF HOA”) alleging various misdeeds against Board members. Defendant Ahn made certain improvements to the balcony area of her condominium, including the building of a “sun room,” without obtaining a permit, which resulted in an impingement upon the privacy of other homeow...

Excerpt: ...the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that there were various defects with the 2013 KIA Optima he purchased, including a defective engine. Defendant Kia America, Inc. moves to compel Plaintiff's deposition. TENTATIVE RULING Defendant Kia America, Inc.'s motion to compel the deposition of Plaintiff Timothy Edwin Owens is GRANTED. However, no order compelling production of documents will issue. Nonetheless...

Excerpt: ...the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that he leased a 2015 Lamborghini Huracan Coupe from Defendant. Plaintiff alleges that he established a custom and practice whereby the monthly payments would be made utilizing Plaintiff's debit card information, and that Defendants failed to charge the April 17, 2021 payment to Plaintiff's debit card, thereby placing the Lease in default, and the vehicle was reposse...

Excerpt: ... Court will adopt the tentative ruling as the final ruling. Plaintiff Tamblyn Johnson alleges that she was terminated in retaliation for whistleblowing as to unlawful activities of orthopedic technicians at the hospital. Plaintiff Loretta Cannon alleges she was terminated for whistleblowing as to improper practices by surgeons and orthopedic technicians. Plaintiff Tamblyn Johnson moves to compel the deposition of non-party Dr. Todd Dietrick and r...

Excerpt: ..., the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that a Home Equity Line of Credit (“HELOC”)—of which Plaintiff was unaware— taken out against the subject property by her late husband has been paid off. Plaintiff alleges that a recorded lien against the property actually pertains to another loan secured by a Michigan property in which Plaintiff has not interest. Plaintiff seeks to have the encumbrance rem...

Excerpt: ...2, Plaintiffs are to file an amended motion which seek all recoverable attorneys' fees by both law firms. Defendant's amended opposition is due April 18, 2022. Plaintiff's amended reply is due April 25, 2022. Due to Defendant's failure to timely file a motion to tax costs, the clerk is to immediately enter the costs on the judgment. (Cal. Rules of Court, Rule 3.1700(b)(4).) ANALYSIS Motion For Attorneys' Fees, Costs and Expenses Discussion Attorn...

Excerpt: ...otion to tax is DENIED as to Item 1 and Item 5. ANALYSIS Motion To Tax Costs On January 7, 2022 judgment on special verdict in favor of Defendant. As such, Defendant is the prevailing party entitled to recover costs. (Civ. Proc. Code, § 1032(a)(4), (b).) Plaintiff moves to tax the following items form Defendant's memorandum of costs. As an initial matter, the Court agrees with Defendant's argument that Plaintiff's motion to tax does not refer to...

Excerpt: ...o Defendants. Defendants then allegedly encumbered the property with loans by other Defendants, who would not foreclose until after Defendants sold the properties without paying off the loans. Defendant Juan Herrera demurs to the First Amended Complaint. Defendants Nelida Herrera and AMN Properties, LLC also demur to the First Amended Complaint. Defendants Sunrise 111, LLC and Fred Lin filed a notice of joinder in both demurrers. TENTATIVE RULING...

Excerpt: ...the Court will adopt the tentative ruling as the final ruling. Defendants allegedly rented out to multiple families an illegally subdivided single-family dwelling and failed to remedy uninhabitable conditions at the apartment buildings at which Plaintiffs live. Defendants Panagiotis, LLC and George Panoussis move to reopen discovery and for leave to file a Cross-Complaint. TENTATIVE RULING Defendants Panagiotis, LLC and George Panoussis' motion t...

Excerpt: ...amblyn Johnson's hearing on the motion to compel is CONTINUED to April 5, 2022 at 8:30 AM. By March 15, 2022, Plaintiff is to file a separate statement setting forth good cause for production of each category of documents to be produced at the deposition, and the deposition topics to be covered. Dr. Dietrick's opposing separate statement is due by March 29, 2022. The Court will rule on the request for sanctions pursuant to CCP § 2025.440(b) at t...

Excerpt: ...r, the Court will adopt the tentative ruling as the final ruling. This is a Lemon Law action whereby Plaintiffs allege that Defendants failed to repair the subject vehicle to conform to warranties after a reasonable number of attempts. Plaintiffs moves for an order levying issue, evidence, and monetary sanctions against General Motors relating to its abuse of the discovery process and disregard of the Court's January 26, 2021 order compelling Def...

Excerpt: ..., in the alternative, summary adjudication. TENTATIVE RULING Defendants Sun Gir Inc. dba Carl's Jr. and Friendly Franchisees Corporation's motion to bifurcate issues and enter order on parties' stipulation to bifurcate punitive damages issue is GRANTED. Defendants Sun Gir Inc. dba Carl's Jr. and Friendly Franchisees Corporation's motion for summary judgment is DENIED. Defendants' motion for summary adjudication is GRANTED as to Issue No. 1 re: th...

Excerpt: ...due to jealously over Plaintiff's love affair with named Defendant Elon Musk. Plaintiff seeks to have Defendant Musk assist the investigation to discover the suspect's hacking crime and to pay for such investigation costs. Plaintiff also alleges that Defendant Musk: caused Plaintiff emotional distress by ignoring her situation and failing to assist Plaintiff with removing the suspect stalker/hacker away from Plaintiff; sexually/physically assault...

Excerpt: ...r, the Court will adopt the tentative ruling as the final ruling. Plaintiff is the former interim Chief Financial Officer, Consultant and Advisory Board Member of Loton Corp. which eventually merged with Defendant LXL after Plaintiff stepped down from his roles at Loton. Plaintiff alleges that Defendants wrongfully prevented Plaintiff from receiving a stock certificate (#1382 for 100,000 shares of Loton common stock) which would enable him to par...

Excerpt: ...ear, the Court will adopt the tentative ruling as the final ruling. Plaintiffs allege they made various loans to Defendant H. Park and her husband, Young Jin Yoon, pursuant to false representations about the loan purpose and the state of their business. A current balance of $190,000 remains unpaid on the loan. Yoon filed for Chapter 7 bankruptcy, but did not disclose that he was married to Defendant H. Park. After the bankruptcy filing, Defendant...

Excerpt: ... adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendant, Plaintiff's brother, has breached fiduciary duties owed by Defendant to Plaintiff as a partner of partnerships and as trustee of a trust of which Plaintiff is a beneficiary. Defendant has also failed to produce complete partnership and trust documents requested by Plaintiff. Plaintiff seeks dissolution of the partnerships and an accounting. Defendant filed a Cross-...

Excerpt: ...ear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that a Home Equity Line of Credit (“HELOC”)—of which Plaintiff was unaware— taken out against the subject property by her late husband has been paid off. Plaintiff alleges that a recorded lien against the property actually pertains to another loan secured by a Michigan property in which Plaintiff has not interest. Plaintiff seeks to have the encumbrance ...

Excerpt: ...nt to sign, and then breached, an agreement to treat Defendant as a 50% owner of the partnership entitled to 50% of the net profits, and failed to utilize the loans Defendant made to them for the partnership's products, and failed to pay back the loans. Plaintiffs/Cross-Defendants Todd Kaplan, Medical Investor Holdings, LLC dba Vertical Companies, Vertical Wellness Inc. and Incap2, LLC, and Cross-Defendant Courney Dorne demur to the Cross-Complai...

Excerpt: ... adopt the tentative ruling as the final ruling. Defendant failed to pay Plaintiff the full $6,150,000.00 purchase price for a 1974 Porsche 911 RSR motor vehicle. Plaintiff ended up selling the vehicle to a different buyer for a lower price ($5,250,000.00). Defendant Maximillion Cooper moves for an order to reopen discovery in this case through and until April 4, 2022, and the motion cut-off date through and including April 18, 2022, relative to ...

Excerpt: ...e ground that Danny Chittamany, the witness produced by Defendant as the person most qualified as to Matters of Examination Nos. 1, 4, 6 -9, 11, 14, 15 and 19-25, was not truly qualified to testify as to those matters. CCP § 2025.480 provides in pertinent part: (a) If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the depos...

Excerpt: ...ll adopt the tentative ruling as the final ruling. Travel agency Plaintiffs allege that Defendant travel management companies, motivated by animus against orthodox and/or Hassidic Jews, refused to deal with Plaintiffs and terminated a contract with Plaintiffs in breach of contract. Defendants Tzell Travel, LLC, Tzell Holdings, LLC, Tzell Travel Group, LLC, and All Star Travel Holdings, LLC demur to the Third Amended Complaint. TENTATIVE RULING De...

Excerpt: ... adopt the tentative ruling as the final ruling. This is a wrongful foreclosure case regarding two properties. Defendants foreclosed on both properties despite Plaintiff Karen G. Petrosov having filed two Chapter 7 bankruptcy petitions. Moreover, Plaintiffs were not permitted to reenter their home after returning from work. The locks were changed, with Plaintiffs unable to access all of their belongings inside the home. Defendants Northern Califo...

Excerpt: ...ll adopt the tentative ruling as the final ruling. Plaintiff alleges that it made a loan to Defendant Nostra for energy improvements to the property, secured by a deed of trust. Then almost immediately, Defendant obtained two Property Assessed Clean Energy (PACE) loans on the property for the same energy improvements on the same property, which loans became super priority liens on the property which superseded the deed of trust held by Plaintiff....

Excerpt: ...e final ruling. Defendants Robert Megerdich, RLM Trucking, Inc., Gildan Activewear, Inc. and Alstyle Apparel & Activewear move for a 120-day continuance of the trial date and trial related dates. Trial is currently scheduled for February 28, 2022, and the discovery cutoff is January 28, 2022. Defendants argue that a motion to compel Plaintiff's mental examination is scheduled to be heard on May 5, 2022, which is the first available date on the co...

Excerpt: ... adopt the tentative ruling as the final ruling. Plaintiff alleges that he was sexually harassed and assaulted by his supervisor, Defendant Aranda. Plaintiff alleges he was constructively terminated due to the hostile work environment. Defendants Field Fresh Foods Incorporated and Javier Aranda move to compel arbitration and to stay the action pending completion of arbitration. TENTATIVE RULING The motion to compel arbitration and stay this actio...