Excerpt: ...he Cross‐ Complaint is deemed to be served upon all parties who received a copy with this motion. The Cross‐Complaint is to be properly served per code upon the Cross‐Defendants who are new to this action. ANALYSIS Motion For Leave To File Cross‐Complaint Defendants Young Kook Choi and Yeong A Ryu move for leave to file a Cross-Complaint against the persons who sold the subject property to Defendants, based upon undisclosed pre-existing h...

Excerpt: ...vices Group, Inc., RMA Geoscience, Inc., and Edward Lyon's motion to transfer venue to San Bernardino County is GRANTED. The case is ordered transferred to the San Bernardino County Superior Court. Plaintiff is ordered to pay the change of venue fees pursuant to Item 61 of the Los Angeles County Superior Court fee schedule within 7 days. ANALYSIS Motion To Transfer Venue The Court agrees with Plaintiff that this motion was served on insufficient ...

Excerpt: ... court after Defendant had already answered the Complaint on September 23, 2021. Defendant Battle‐Tested Strategies, LLC's motion to compel arbitration is GRANTED. The litigation is ordered stayed pending arbitration. (Code Civ. Proc., § 1281.4.) ANALYSIS Motion To Compel Arbitration and Stay Action Discussion On December 28, 2021, Plaintiff filed a First Amended Complaint without leave of court. This was improper, as Defendant Battle-Tested S...

Excerpt: ...ller Defendants filed a Cross-Complaint alleging that Plaintiff breached the agreement to purchase the real property. Cross-Defendants Oquarium Investments LLC and Michell LeFleur demur to the Cross- Complaint. The copy of the demurrer electronically filed with the Court does not appear to have a proof of service attached. Given that no opposition was filed, the Court is concerned whether proper notice was given. TENTATIVE RULING Conditioned upon...

Excerpt: ...proper. Defendant West Hills Hospital's motion to strike the Complaint is GRANTED with leave to amend as to the following portions, as specified in the notice of motion: Paragraph 15, Page 3, line 24 to Page 4, line 9; Paragraphs 16, 17, 18, 19, and 20; Paragraph 21, page 5, line 18; Paragraph 21, page 5, lines 19‐28; Paragraph 22, page 5, lines 3‐20; Paragraph 23, page 6, lines 21‐26; Paragraph 24; Paragraph 27, page 7, line 27 to page 8, ...

Excerpt: ... GRANTED. Defendant's request for an award of fees and costs in bringing this motion is DENIED. Given the ruling on the motion to quash, the Court deems the demurrer to be MOOT. ANALYSIS Motion To Quash Service of Summons Defendant Betty Hanson moves to quash service of summons. “When a defendant challenges [personal] jurisdiction by bringing a motion to quash [pursuant to CCP § 418.10], the burden is on the plaintiff to prove the existence of...

Excerpt: ...ded answer to the Third Amended Complaint. TENTATIVE RULING Defendant Watts Healthcare Corporation's motion for leave to file a First Amended Answer to the Third Amended Complaint is GRANTED. Defendant is to file a stand‐alone copy of the First Amended Answer today, which is deemed served upon the parties listed in the proof of service as of the date of this order. ANALYSIS Discussion Defendant Watts Healthcare Corporation moves for leave to fi...

Excerpt: ...ber 24, 2021 order. TENTATIVE RULING The Court will take oral argument regarding Plaintiff Karen Brown's motion for terminating and evidentiary sanctions before issuing a ruling. Plaintiff's request for the appointment of a discovery referee is DENIED. Plaintiff's request for monetary sanctions is DENIED. ANALYSIS Motion For Terminating and/or Evidentiary Sanctions Discussion Plaintiff moves for terminating sanctions and/or evidentiary sanctions,...

Excerpt: ...s GRANTED. The litigation is ordered stayed pending arbitration. (Code Civ. Proc., § 1281.4.) ANALYSIS Motion To Compel Arbitration and Stay Action Request For Judicial Notice Defendant requests that the Court take judicial notice of the Employment Arbitration Rules and Mediation Procedures of the American Arbitration Association is GRANTED. The Court may take judicial notice of arbitration rules. (Izzi v. Mesquite Country Club (1986) 186 Cal.Ap...

Excerpt: ...ion. Defendant's motion to strike is DENIED as to ¶ 96, Pages 20‐21 re: civil penalties pursuant to Civil Code § 1794(c). The motion to strike is GRANTED with leave to amend as to Page 24:19, Prayer h re: punitive damages and GRANTED without leave to amend as to ¶¶ 101 – 105 re: the fifth cause of action for breach of implied warranty of merchantability. Plaintiffs are given 30 days' leave to amend. Plaintiffs will only be given one more ...

Excerpt: ...position is CONTINUED to January 27, 2022 at 8:30 AM. Plaintiff's separate statement, as ordered by the Court, is due January 7, 2022. Defendant's opposing separate statement is due January 17, 2022. The Court will address Defendant's counter‐request for sanctions at the continued hearing. The parties are encouraged to reach an agreement on a deposition date to render this motion moot. ANALYSIS: Motion To Compel Deposition Defendant's Evidentia...

Excerpt: ...ourt issue an order for an in camera production of such files for purposes of an in camera review. TENTATIVE RULING Defendant County of Los Angeles's motion for an order that investigations files need not be produced absent a filing of a successful Pitchess motion by plaintiff pursuant to Evidence Code sections 1040, 1043 and 1045, and an in camera review of such records is GRANTED. ANALYSIS Motion For Protective Order Defendant County of Los Ang...

Excerpt: ...ment set forth in CCP § 430.41. Discussion 1. Sixth Cause of Action (Fraud By Omission). A. Re: Economic Loss Rule. Defendant's argument that the fraud claim is barred by the economic loss rule is not persuasive. The 1AC alleges at ¶¶ 16 and 86 that the cooling system defect renders the vehicle unreasonably dangerous because it can cause engine failure while the vehicle is in operation, at any time and under any driving condition or speed, the...

Excerpt: ...ded Answer to the Second Amended Complaint is DENIED in its entirety. ANALYSIS Motion To Strike Re: Second Amended Answer Meet and Confer The Declaration of Steve Lopez reflects that the meet and confer requirement set forth in CCP § 435.5 was satisfied. Discussion Plaintiff/Cross-Defendant moves to strike the following portions of the Second Amended Answer to the Second Amended Complaint filed by Defendants. Specifically, plaintiff seeks to str...

Excerpt: ...de the eighth cause of action for PAGA and the ninth cause of action for unfair competition. TENTATIVE RULING Defendants Action Sales and Metal Company, Inc. and Bruce Falk's motion for an order that only the trial court shall decide the eighth cause of action for PAGA and the ninth cause of action for unfair competition is GRANTED IN PART as follows: The jury and Court will hear all evidence in a single trial. The jury will decide the third thro...

Excerpt: ... Technologies Group, LLC move to change venue to Marin County. Defendant Mark Hinds filed a notice of joinder. TENTATIVE RULING Defendant Mark Hinds' notice of joinder is DENIED as untimely. Defendants Sonaphi, LLC and Resonant Technologies Group, LLC's motion to change venue to Marin County is DENIED without prejudice. Defendants may bring a renewed motion which addresses the Court's comments. ANALYSIS: Notice of Joinder Defendant Mark Hinds' no...

Excerpt: ...iff moves to compel the deposition of Ali Zaghari, Volume II, and requests sanctions. Zaghari is a former supervisory employee whose first deposition session was successful on February 24, 2020, but Plaintiff explicitly left the deposition open at the end of the day, as inquiry was incomplete. (Ruiz Decl., ¶ 3; Exh. 1.) Shortly thereafter, the COVID-19 pandemic and associated lockdowns began, delaying depositions in this action. (Ruiz Decl., ¶ ...

Excerpt: ...TIVE RULING The anti‐SLAPP special motion to strike the entire Complaint is GRANTED. Defendant Aileen Federizo is ordered dismissed with prejudice. The anti‐SLAPP special motion to strike the entire Complaint is GRANTED. Defendants Lauriann Wright, Sarah Farr, and Garen Kirakosian are ordered dismissed with prejudice. ANALYSIS Defendant Aileen Federizo's Anti‐SLAPP Special Motion To Strike Defendant Aileen Federizo brings this anti-SLAPP sp...

Excerpt: ...ve order as to written discovery. TENTATIVE RULING Plaintiffs Jeffrey Fried and Tamar Dames' motion for leave to file a First Amended Complaint is GRANTED. Plaintiffs are to file a stand‐alone copy of the First Amended Complaint today, which is deemed served upon the parties listed in the proof of service as of the date of this order. The hearing on Plaintiffs' motion for protective order is CONTINUED to February 16, 2022 at 8:30 AM. The partie...

Excerpt: ...rtel Reid's signature. Other Cross-Defendants are alleged to have conspired with Gerald Reid to obtain loan proceeds. Defendant Center Street Lending Corporation filed a Cross-Complaint alleging that Cross- Defendants made misrepresentations in obtaining a loan from Center Street that the loan was not an owner-occupied loan, and also that Gerald Reid (Martel Reid's son) may have impersonated Martel Reid in executing the loan documents. Plaintiff ...

Excerpt: ... October 8, 2021 Order on Defendant's Motion for Summary Adjudication or, in the alternative, modification of order. TENTATIVE RULING Defendant Allied Protection Services, Inc.'s motion for clarification from the Court regarding the Court's October 8, 2021 Order on Defendant's Motion for Summary Adjudication or, in the alternative, modification of order is DENIED. ANALYSIS Motion For Clarification Or, In The Alternative, Modification Defendant Al...

Excerpt: ...on is GRANTED. The litigation is ordered stayed pending arbitration. (Code Civ. Proc., § 1281.4.) The parties are ordered to meet and confer to agree upon the arbitral forum. If the parties are unable to agree, Defendants may request a hearing to resolve the dispute. Regardless of the forum, Defendants will bear all costs of arbitration and the arbitrator's fees. ANALYSIS Motion To Compel Arbitration and Stay Action Defendants Ross Stores, Inc. ...

Excerpt: ...nc. and David Kaye, an individual formerly d/b/a Flightblitz I. TENTATIVE RULING: PRO HAC VICE APPLICATION The application of Alan Kaufman to appear pro hac vice on behalf of Defendants Tzell Travel, LLC, Tzell Holdings, LLC, Tzell Travel Group, LLC, and All Star Travel Holdings, LLC is GRANTED, conditioned upon providing proof that the $50 fee was paid to the State Bar of California. The declaration of Ryan E. Cosgrove in connection with the mot...

Excerpt: ... request that the Court take judicial notice of the Complaint filed in this action is GRANTED per Evid. Code § 452(d)(court records). Discussion Defendant Mercedes-Benz moves to compel arbitration and to stay this action. The Court addresses Plaintiff's waiver argument first. In the Opposition, Plaintiff argues that Defendant has waived the right to compel arbitration by delaying this motion until less than two months before trial and a year aft...

Excerpt: ...aintiff, taking pictures of her at a distance. Defendant Nicholas Beauvy moves for a determination of good faith settlement. TENTATIVE RULING Defendant Michael Edlen Real Estate's motion for determination for good faith settlement is GRANTED. ANALYSIS Renewed Motion For Determination of Good Faith Settlement Defendant Nicholas Beauvy filed a renewed motion for a determination of good faith settlement. CCP § 877.6(a)(1) provides: Any party to an ...