Excerpt: ...rtment 76 may be sent by email to [email protected] or telephonically at 213-830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. Plaintiffs contracted with Defendant CBR Systems for the lifetime storage of cord blood and tissue for stem cell banking, following the birth of Mari Agaverdian. Plaintiffs allege that the courier which contracted with CBR f...

Excerpt: ...artment 76 may be sent by email to [email protected] or telephonically at 213-830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. Plaintiff Emily Carlsten's motion to strike the memorandum of costs in its entirety is GRANTED. ANALYSIS Motion To Tax Costs Plaintiff argues that the Court should not award Defendant its costs because this action was not f...

Excerpt: ...artment 76 may be sent by email to [email protected] or telephonically at 213-830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. Plaintiff alleges that she suffered an injury at work and was placed on leave by her physician. When she provided work restrictions enabling her to return to work, Defendants terminated her employment without ever engaging ...

Excerpt: ...artment 76 may be sent by email to [email protected] or telephonically at 213-830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. Plaintiff alleges that she was sexually harassed by her supervisors at work. Plaintiff Lilian Mora moves to compel arbitration and stay proceedings. TENTATIVE RULING Plaintiff Lilian Mora's motion to compel arbitration is G...

Excerpt: ...artment 76 may be sent by email to [email protected] or telephonically at 213-830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. Plaintiff alleges that he was terminated after he was diagnosed with HIV, based on race, sexual orientation and disability. Defendant Simpson, Gumpertz, & Heger, Inc. move for summary judgment. TENTATIVE RULING Defendant Si...

Excerpt: ...artment 76 may be sent by email to [email protected] or telephonically at 213-830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court will adopt the tentative ruling as the final ruling. This is an action for breach of a promissory note and guaranty thereof, including allegations of fraud in the inducement and fraudulent transfer. Defendants Raven Ridge Development, LLC, David Schuman and Richard Nielsen f...

Excerpt: ...artment 76 may be sent by email to [email protected] or telephonically at 213-830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. Plaintiff sues Defendant for failure to bring the subject vehicle into compliance with applicable warranties and fraudulent inducement. Defendant Nissan North America, Inc. moves to compel arbitration and stay this action. ...

Excerpt: ...partment 76 may be sent by email to [email protected] or telephonically at 213-830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. (1) MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES; REQUEST FOR SANCTIONS (2) MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS; REQUEST FOR SANCTIONS; Defendant's request for sanctions pursuant to C...

Excerpt: ...artment 76 may be sent by email to [email protected] or telephonically at 213-830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. Plaintiffs allege that Defendant failed to repair the 2015 Chevrolet Colorado they purchased to comply with applicable warranties. Plaintiffs move for an order compelling Defendant General Motors LLC to produce a Person(s) ...

Excerpt: ... Plaintiff on Februaty 23, 2022, pursuant to the patties' October 25, 2021, trial date. In accordance with that demand, Plaintiff designated her experts on April 5, 2021. Defendants did not designate any experts until a year later on April 7, 2023. (Declaration of Aaron Gbewonyo, 112 - 5.) Civ. Proc. Code, S 2034.300 provides: Except as provided in Section 2034.310 and in Articles 4 (commencing with Section 2034.610) and 5 (commencing with Sectio...

Excerpt: ... 76 may be sent by email to [email protected] or telephonically at 213-830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. This is an action to quiet title to the subject properg,• against a deed of trust which was deemed to have been reconveyed by a prior judgment but which was re-recorded by Defendants. Defendant Lorenzo Espinoza filed a Cross-Com...

Excerpt: ...s to Defendants Lewandowski, Posner and Corbett. To the extent causes of action remain viable against them, Defendants are to answer the remaining allegations in the Second Amended Complaint within 10 days. ANALYSIS Demurrer Request For Judicial Notice Defendants request that the Court take judicial notice of the following: (1) Plaintiffs July 22, 2021 Request for Civil Harassment Restraining Order (Civil Harassment Prevention) bearing Case Numbe...

Excerpt: ...ent 76 may be sent by email to [email protected] or telephonically at 213-830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendant engaged in immigration consultant activities which violate the Immigration Consulting Act. Plamtiff seeks Injunctive relief. Plaintiff Immigrant Rights Defense Council, LLC moves for an order fo...

Excerpt: ...be sent by email to [email protected] or telephonically at 213-830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. Plamtiffs allege that Defendants have diverted the resoun:es and opportunities of nominal Defendant Infinity Health, LLC, ofwhich Plaintiff and Defendant Avery Williams are each 50% members and co-managers. Defendants Aveo,' M. Williams a...

Excerpt: ...rtment 76 may be sent by email to [email protected] or telephonically at 213-830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. This is an action to quiet title to the subject properg,• against a deed of trust which was deemed to have been reconveyed by a prior judgment but which was re-recorded by Defendants. Plamtiff United Lender, LLC moves to c...

Excerpt: ...rtment 76 may be sent by email to [email protected] or telephonically at 213-830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. Plaintiff is a contractor which alleges that Defendant City of Long Beach caused delays and additional work outside the contractual scope regarding construction at Defendants property. Defendant allegedly declared Plaintiff ...

Excerpt: ...rtment 76 may be sent by email to [email protected] or telephonically at 213-830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. Plamtiffs alleged that Defendants, including her husband whom she is divorcing and his attorney, have conspired to defame, stalk, eavesdrop and threaten/harass Plaintiff. Defendant Seyed M. Khoddami, M.D. brings an anti-SLAP...

Excerpt: ...y unabated greed." That Plaintiffs pay "kickbacks" to fair organizers and give them preferential treatment That Plaintiffs sedate all kids regardless ofthe need. At the hearing on the motions, Defendants agreed that they will not offer evidence in categories 1 and 2. The motion is GRANTED with regard to those categories. With regard to categories 3 and 4, Defendants argued at the hearmg that the evidence might be relevant to their alternative cau...

Excerpt: ...ment 76 may be sent by email to [email protected] or telephonically at 213-830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. Plaintiff alleges medical malpractice in connection with facial filler injections which caused her severe reactions that required hospitalization and side effects which persist Plaintiff Diana Zeegelaar moves for a protective ...

Excerpt: ...rtment 76 may be sent by email to [email protected] or telephonically at 213-830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. If all parties submit on the tentative ruling, the Court will continue the Case Management Conference to August 9, 2023 at 8:30 a.m. Plaintiff alleges that Defendants recorded conversations Plaintiff had with Defendants over...

Excerpt: ...ment 76 may be sent by email to [email protected] or telephonically at 213-830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling If the parties submit on the tentative ruling, the Court will (1) discharge the OSC re: proof of service, and (2) continue the Case Management Conference to June 28, 2023 at 8:30 a.m. Plaintiff tenants allege that Defendant lan...

Excerpt: ...tment 76 may be sent by email to [email protected] or telephonically at 213-830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. Plamtiffs allege that Defendants, including her husband whom she is divorcing and his attorney, have conspired to defame, stalk, eavesdrop and threaten/harass Plaintiff. Defendants Jelisaveta Ellie Sweeney and Law Offices of ...

Excerpt: ...ent 76 may be sent by email to [email protected] or telephonically at 213-830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. Plaintiffs allege that there were various defects mth the 2021 KIA Seltos they purchased. Plaintiffs Jade Baer and Mikaela Baer aka Mikaela Silvar-Satterfield move to compel the deposition of Defendant' s person most knowledgea...

Excerpt: ...tment 76 may be sent by email to [email protected] or telephonically at 213-830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendant Tyler D'Shaun Martin-Brand, as an employee of Defendant LAUSD during an after school program, physically abused and murdered decedent Dayvon Taylor. Plamtiff moves to compel further compliance...

Excerpt: ...tment 76 may be sent by email to [email protected] or telephonically at 213-830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. IN THE EVENT THAT THE PARTIES SUBMIT ON THE TENTATIVE RULING, THE COURT WILL CONTINUE THE CASE MANAGEMENT CONFERENCE TO AUGUST 3, 2023 AT 8:30 A.M. Plamtiff alleges that Defendant has discriminated against Plaintiff because o...

Excerpt: ...tment 76 may be sent by email to [email protected] or telephonically at 213-830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. Plaintiff leased production studio space from Defendant, with an option to purchase the property. Defendant allegedly interfered with Plaintiffs business from prospective clients who wished to rent studio space from Plaintiff...

Excerpt: ...nt 76 may be sent by email to [email protected] or telephonically at 213-830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. This is an action to partition real property owmed by a partnership and to dissolve the partnership. Defendants filed a cross-complaint to quiet title, claimmg Plaintiff does not have any actual ownership interest in the propert...

Excerpt: ...tment 76 may be sent by email to [email protected] or telephonically at 213-830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. Plaintiffs allege that Defendants misclassified Plaintiffs as independent contractors and violated wage and hour laws. Defendants allegedly fraudulently induced Plaintiffs into signing contracts Defendants never intended to f...

Excerpt: ...tment 76 may be sent by email to [email protected] or telephonically at 213-830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. Plaintiffs entered into a distribution agreement with Defendants to manufacture and distribute hand sanitizers as a result of increased demand during the pandemic Defendants failed to pay supply vendors, which caused Plaintif...

Excerpt: ...tice to Department 76 may be sent by email to [email protected] or telephonically at 213-830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendants exercised undue influence over decedent Plamtiffs wife who was dying of cancer, and caused her to transfer personal property and her interest in real property to Defendants witho...

Excerpt: ...n and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff tenants allege that Defendant landlord has failed to remediate uninhabitable conditions at the dwelling which Plaintiffs rent. Defendant filed a Cross-Complaint alleging that Plaintiffs/Cross-Defendants have created various disturbances at the property, damaged the property, and have refused to move out despite Cross- Complainant terminating ...

Excerpt: ... and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff attorneys seek to recover unpaid attorney's fees pursuant an attorney's lien from the settlement recovery of a former client who discharged Plaintiffs from representation in a personal injury lawsuit. Plaintiffs Eunice S. Hahn and Law Offices of Eunice S. Hahn, APC move for terminating, issue, and/or evidentiary, and monetary sanctions upon De...

Excerpt: ... is not given and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiffs allege that Defendant's employee negligently pumped a few hundred gallons of caustic into a peroxide tank at Plaintiff Tri-Star's premises, which set off a chemical reaction that caused a fireball to erupt, followed by a geyser of caustic and peroxide mixture that damaged the premises. Defendant Brenntag Pacific, Inc. demurs to t...

Excerpt: ... is not given and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. The motion to strike the punitive damage allegations at Page 23, lines 13, subpart 6 of the 1AC is GRANTED with leave to amend. The demurrer to the second cause of action is SUSTAINED with leave to amend. Plaintiff is given 30 days' leave to amend. ANALYSIS Demurrer Meet and Confer The Declaration of Scott Hancox reflects that Defendant's c...

Excerpt: ...en and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff tenants allege that Defendant landlord has failed to remediate uninhabitable conditions at the dwelling which Plaintiffs rent. Defendant filed a Cross-Complaint alleging that Plaintiffs/Cross-Defendants have created various disturbances at the property, damaged the property, and have refused to move out despite Cross- Complainant terminating...

Excerpt: ... and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendants refused to allow Plaintiff to work and did not accommodate his disabilities. Plaintiff moves to quash the business records subpoena served upon third-party Kaiser Permanente. TENTATIVE RULING As such, the hearing on the motion to quash is CONTINUED to May 19, 2023 at 8:30 a.m. No later than April 21, 2023, Plaintiff is ...

Excerpt: ... is not given and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff brings this action based upon breach of three separate agreements. Defendant Kin Hui filed a Cross-Complaint against Plaintiff alleging a threat via a text. Plaintiff/Cross-Defendant Yonghong Wang demurs to the First Amended Cross-Complaint and moves to strike portions thereof. TENTATIVE RULING On its own motion, the Court orders ...

Excerpt: ... and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. If the parties submit on the tentative ruling, the Court will continue the case management conference to May 31, 2023 at 8:30 a.m. Plaintiff alleges that, while Defendant was an attorney with Plamtiff law firm, Defendant made comments to Plaintiffs clients which caused the clients concerns, and even one to termmate Plaintiffs services. Defendant Tiffany...

Excerpt: ...n and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. If the parties submit on the tentative, the Court will continue the case management conference to June 1, 2023 at 8:30 a.m. Plamtiffs contracted with Defendant CBR Systems for the lifetime storage of cord blood and tissue for stem cell bankmg, following the birth of Mari Agaverdian. Plamtiffs allege that the courier which contracted with CBR failed to ...

Excerpt: ...and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges wage and hour violations and safety violations against his employer. Plaintiff alleges thathe suffered retaliation for making workplace safety complaints and after he suffered an on- the-job injuty and requested accommodation of his disabiliV. Defendants Frontier-Kemper Constructors, Inc. and Tutor Perini Corporation move to compel arbi...

Excerpt: ...a.m. Defendants are to submit evidence ofa written liability insurance policy by April 14, 2023. Plaintiff may submit a supplemental opposition by April 26, 2023. Motion To Compel Arbitration Discussion Existence of Agreement To Arbitrate Under California law, arbitration agreements are valid, irrevocable, and enforceable, save upon such grounds as exist atlaw or in equiv for the revocation of any contract. (Blake v. Ecker (2001) 93 Cal.App.4th 7...

Excerpt: ...n and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff allege that Defendants steered Plaintiff into a "hard money loan" mortgage used to evade the requirements of the Dodd-Frank Amendments to the Truth-in-Lending Act ("TILA"). Defendant lender allegedly deprived Plaintiff of use of loan funds needed to make necessary repairs to the property and caused the property to be sold a trustee's sale. De...

Excerpt: ...and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiffs allege that Defendants misclassified Plaintiffs as independent contractors and violated wage and hour laws. Defendants allegedly fraudulently induced Plaintiffs into signing contracts Defendants never intended to fulfill. VVhen Plaintiffs complained about the wage and hour laws and unfulfilled employment terms, Defendants wrongfully terminated...

Excerpt: ...n and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendant has failed to repair the subject vehicle to conform to applicable warranties and concealed the existence of a Cooling System Defect. Defendant General Motors LLC. demurs to the Complaint and moves to strike portions thereof. TENTATIVE RULING Defendant General Motors LLC's demurrer to the First Amended Complaint is SUSTA...

Excerpt: ...and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that she was subjected to sex and disability harassment and discrimination, forcmg Plaintiff to take a medical leave, and was further harassed upon her return. Defendant Rogelio Navarete filed a Cross-Complaint alleging that Plaintiffs allegations have caused him emotional distress The Court granted Cross-Defendant Sandra Goumghafs anti...

Excerpt: ...is not given and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendants have trespassed upon his property by erecting encroachments upon Plaintiffs property, including a wrought iron gate fencing, and landscaping onto several hundred square feet of Plaintiffs property without Plaintiffs consent Defendants David Nicklen, Anita Moeira-Nicklen and The Nicklen Family Trust demur to ...

Excerpt: ...nd the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendants failed to deliver a Permanent Dental Appliance—the temporary version of which had kept breaking and requiring repair—after Plaintiff filed for bankruptcy, and have refused to refund payments Plaintiff has made. Defendants The Regents of the Universi5r of California, Eric Sung, D.D.S. and Kumar Shah, B.D.S., F.A.C.P. m...

Excerpt: ...S Motion To Compel Arbitration and Stay Action Request For Judicial Notice Defendant requests that the Court take judicial notice of the following: (1) Complaint filed in his action; (2) Answer filed in this action; (3) Notice of Entry of Dismissal and Proof of Service, filed in Sacramento Superior Court by Plaintiffs Dina C. Felisilda and Pastor O. Felisilda on February 11, 2016 in the matter of Dina C. Felisilda, et al, v. FCA US LLC, et al. (3...

Excerpt: ...and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. This is an action arising out of a motor vehicle accident. Defendant Alexander was allegedly negligent in causing the accident. Defendant Tokasey allegedly defamed Plaintiffs by stating that they were committing insurance fraud and had staged the accident with Defendant Alexander. Defendant Matt Tokasey moves for issue and evidentiary sanctions against P...

Excerpt: ... and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiffs allege that Defendants misappropriated and diverted Plaintiffs' funds and/or assets while Defendant Arash worked as a personal executive assistant to Dr. Siman. Defendants also used confidential information to blackmail and extort Plaintiffs for debt forgiveness. Defendant Arash also made defamatory statements about Plaintiffs. Defendant Ahma...

Excerpt: ...and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that she was repeatedly sexually assaulted by Defendant Marvin Bunoan while Plaintiff was a patient resident at Defendant's facility following a stroke. Defendant San Pedro Convalescent Home, Inc. moves to compel arbitration. TENTATIVE RULING Defendant San Pedro Convalescent Home, Inc.'s motion to compel arbitration is GRANTED. However,...

Excerpt: ...n and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendant Jobot LLC—a staffing agency—solicited Defendants Alludin and Purvis from Plaintiff and stole Plaintiff's clients using Plaintiff's confidential information. Defendants Jobot, LLC, Shezad Alludin, and Sydni Purvis demur to the Second Amended Complaint. TENTATIVE RULING Defendants Jobot, LLC, Shezad Alludin, and Sydni...

Excerpt: ...and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that he had an agreement with Defendants, his parents, that property would be purchased and held jointly in Plaintiffs and Defendants' name, but Plaintiff would make all mortgage, insurance, utility and tax payments and live in the house, which would be Plaintiff's. However, Defendants eventually lost their house and moved into Plaintif...

Excerpt: ...and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that he was sexually harassed by his supervisor. Plaintiff also alleges that Defendant stole gratuities from a Service Charge customers paid. Plaintiff moves to compel further responses to form interrogatories – employment, set one from Defendant W&V Partners, LLC. Plaintiff also requests sanctions. TENTATIVE RULING Plaintiff's motion...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff purchased a Subway restaurant franchise from Defendants. Defendants failed to turn over proceeds from credit card issuers for payments customers made with credit cards before the sale closed. Defendants Fred Wu and Dana Wu move to set aside the entry of their defaults and default judgment. TENTATIVE RULING Defendants Fred Wu and Dana Wu's m...

Excerpt: ...ven and the parties do not appear, 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 stoc...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendant breached a real property title insurance policy to insure and indemnify Plaintiff against adverse claims made against the title to her residence when she discovered covenants recorded against her land which imposed substantial and material restrictions upon Plaintiff's use and enjoyment of the residence. The declarati...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that, in retaliation for Plaintiff having made multiple requests for accommodation of her physical disability, and for having filed a FEHA complaint with the DFEH, Defendant gave Plaintiff a poor performance evaluation, and was transferred. Plaintiff was also subjected to harassment. Defendant also failed to adequately accommodate P...

Excerpt: ... and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that she went on a workers' compensation-related medical leave of absence due to a shoulder injury, and was cleared to return to work with restrictions. However, Defendant allegedly refused to reasonably accommodate Plaintiff's disability or to engage in a good faith interactive process. Instead, Defendant unilaterally filed an applica...

Excerpt: ...iven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. This is a PAGA action based upon hospital Defendants' alleged health and safety violations in the workplace during the COVID-19 pandemic. Plaintiff moves to compel further responses to special interrogatories, set one from Defendants HCA Healthcare, Inc. and West Hills Hospital. TENTATIVE RULING Plaintiff Jhonna Porter, individually, and on behalf o...

Excerpt: ...ear is not given and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendant engaged in price gouging relative to prices on propane gas and other products. Defendant Suburban Propane, L.P. demurs to the Complaint and moves to strike portions thereof. TENTATIVE RULING Because the First Amended Complaint was untimely filed, it is ordered STRICKEN, and the Court will address the demu...

Excerpt: ...ar is not given and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that she was discriminated against and terminated due to her need to take leave to care for her parents and ultimately for her own health issues. Defendant Priscilla Mora demurs to the First Amended Complaint and moves to strike portions thereof. TENTATIVE RULING Defendant Priscilla Mora's demurrer to the First Amended C...

Excerpt: ...en and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff argues that it was induced into leasing the subject property to Defendants based upon false representations regarding their financial situation. Plaintiff moves for entry of judgment pursuant to CCP § 664.6. TENTATIVE RULING The motion for entry of judgment is GRANTED, and the request for attorney's fees is GRANTED in the reduced amount of ...

Excerpt: ...iven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendants recorded conversations Plaintiff had with Defendants over Plaintiff's cellular telephone without his prior express consent or knowledge, during which sensitive confidential information was discussed. Defendants OptumInsight, Inc. and United Behavioral Health of New York, I.P.A. demur to the First Amended Complaint. ...

Excerpt: ...ar is not given and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendants exercised undue influence over decedent, Plaintiff's wife who was dying of cancer, and caused her to transfer personal property and her interest in real property to Defendants without Plaintiff's knowledge. Defendants Mui Phung Lieng, Kin A. Zamora Lieng, and Francisco Armando Zamora demur to the First Am...

Excerpt: ...Agreement Discussion Pursuant to CCP § 664.6, Defendant Simpson, Gumpertz, & Heger, Inc. move to enforce a settlement agreement reached with Plaintiff. Defendant argues that, despite the parties having reached an agreement, Plaintiff has suddenly reneged and demanded that Defendant drastically increase the settlement amount by several hundred thousand dollars in exchange for executing the Agreement. CCP § 664.6 provides in pertinent part: (a) I...

Excerpt: ...en and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Defendant Nissan North America, Inc.'s motion to compel arbitration is GRANTED. The case is ordered stayed pending arbitration. (Civ. Proc. Code, § 1281.4.) ANALYSIS Motion To Compel Arbitration and Stay Action Request For Judicial Notice Defendant requests that the Court take judicial notice of the following: (1) Complaint filed in this action; (2) ...

Excerpt: ...iven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff allege that Defendants steered Plaintiff into a “hard money loan” mortgage used to evade the requirements of the Dodd-Frank Amendments to the Truth-in-Lending Act (“TILA”). Defendant lender allegedly deprived Plaintiff of use of loan funds needed to make necessary repairs to the property and caused the property to be sold a trustee...

Excerpt: ... of service regarding the notice of continuance of this hearing, if Defendant Michaela Chang does not present evidence at the hearing that she has served such responses, then Plaintiff's motions for terminating sanctions are GRANTED. The Court will order Defendant Chang's answer stricken, and entry of her default. Thereafter, Plaintiff may submit a default judgment package for a default prove up. ANALYSIS Motion For Terminating Sanctions Plaintif...

Excerpt: ...en and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. This is a PAGA action based upon hospital Defendants' alleged health and safety violations in the workplace during the COVID-19 pandemic. Defendants HCA Healthcare, Inc. and Far West Division, Inc. move to stay this action pending the resolution of another PAGA action against Defendant employers. TENTATIVE RULING Defendants HCA Healthcare, Inc. and Fa...

Excerpt: ...en and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. This is an action for partition and accounting regarding real property co-owned by Plaintiff and defendant. Defendant Maria Exaltacion Hernandez, an individual and as Trustee of The Maria Exaltacion Hernandez Family Living Trust, U/A dated May 23, 2017 moves for an order declaring that the real property partition at issue is subject to the California ...

Excerpt: ...aration by February 20, 2023. Plaintiff may submit a supplemental opposition thereto by February 27, 2023. ANALYSIS Motion To Compel Arbitration and Stay Action Request For Judicial Notice Defendant requests that the Court take judicial notice of the following: (1) Complaint filed in his action; (2) Answer filed in this action; (3) Notice of Entry of Dismissal and Proof of Service, filed in Sacramento Superior Court by Plaintiffs Dina C. Felisild...

Excerpt: ...en and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Until the class action allegations were dismissed, this was an apparent class action brought on behalf of class members who were victims of Defendants' alleged scheme whereby Defendants would fraudulently dupe victims into unknowingly transferring title to real property under the guise of lowered mortgage payments negotiated on the victims' behalf. De...

Excerpt: ...n and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiffs allege that there was a Battery Defect in the 2019 Chevrolet Bolt that Plaintiffs leased, and Defendant has failed to repair the vehicle to conform to warranties. Plaintiffs move for an order compelling Defendant to comply with the Court's September 7, 2022 discovery order granting Plaintiffs' motion to compel further responses to document d...

Excerpt: ...n and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. This is an action to shut down an alleged illegally operated immigration consulting business. Plaintiff Immigrant Rights Defense Council, LLC moves for terminating sanctions or, in the alternative, an order compelling Defendant Michaela Chang to comply with this Court's August 16, 2022 order. Plaintiff also requests monetary sanctions. TENTATIVE RULING...

Excerpt: ...n and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Motion To Tax Costs Discussion The Court granted Defendant Showcase Facility Solutions, Inc.'s motion for summary judgment. The Court finds that, because Plaintiff did not recover any relief against Defendant, Defendant is the prevailing party entitled to recover costs as of right. (Civ. Proc. Code, § 1032(a)(4) & (b).) Plaintiff moves to tax Defendan...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiffs allege that there was a defect with the 8L56 MYC Hydra-Matic automatic transmission in the 2017 Chevrolet Colorado purchased by Plaintiff. Defendant General Motors LLC moves for summary judgment or, in the alternative, summary adjudication. TENTATIVE RULING Defendant General Motors LLC's motion for summary judgment is GRANTED. ANALYSIS: Mo...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff insurer seeks declaratory relief against insureds that no policy benefits are due based on the insureds breach of obligation to cooperate with the claims adjusting investigation pertaining to an automobile accident. Plaintiff State Farm Mutual Automobile Insurance Company moves for reconsideration of the November 10, 2022 order granting Def...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that she suffered harassment and discrimination based upon her pregnancy and related complications, need for accommodations and/or the need for protected finite medical leave. Plaintiff alleges that she was denied incentive payments, had the total number of hours of compensation reduced, her salary reduced, and was demoted to an hou...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that he was terminated after taking time of to be with his wife during her recovery during pregnancy. Plaintiff also alleges wage and hour violations and brings a PAGA claim. On October 10, 2019, Judge Bryant-Deason granted Defendants' motion to compel arbitration as to the first through eleventh causes of action and thirteenth caus...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. This is an action to shut down an alleged illegally operated immigration consulting business. Plaintiff Immigrant Rights Defense Council, LLC moves for terminating sanctions or, in the alternative, an order compelling Defendant Michaela Chang to comply with this Court's August 16, 2022 order. Plaintiff also requests monetary sanctions. TENTATIVE RULI...

Excerpt: ...iven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Defendant General Star Indemnity Company's demurrer to the Second Amended Complaint is SUSTAINED without leave to amend as to the first through fourth causes of action. The case is ordered dismissed with prejudice. ANALYSIS Demurrer Meet and Confer The Declaration of David A. Tartaglio reflects that Defendant's counsel satisfied the meet and confer ...

Excerpt: ...en and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiffs alleges that Defendant defamed Plaintiff Srivastava and intentionally interfered with a business deal that would have netted Plaintiff approximately $40,000,000 in profit, then tried to extort $500,000 out of Plaintiff. Plaintiffs also alleges a breach of a settlement agreement by Defendant whereby the parties agreed not to disparage each o...

Excerpt: ...iven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff leased production studio space from Defendant, with an option to purchase the property. Defendant allegedly interfered with Plaintiff's business from prospective clients who wished to rent studio space from Plaintiff. Moreover, Defendant was allegedly responsible for a flood to the building, which Plaintiff paid to have the resulting damag...

Excerpt: ...en and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendant (the live-in girlfriend of Plaintiff's late father, Eugene) fraudulently transferred title to two real properties from Plaintiff's name to Defendant's name, pursuant to a Power of Attorney Plaintiff had given to her father to refinance a loan. Defendant Ludmilla Haikin filed a Cross-Complaint alleging that Plaintiff/Cr...

Excerpt: ...en and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that she suffered from major depressive disorder, anxiety disorder, and a sleep disorder (severe insomnia), and was prescribed anti-anxiety, anti-depression and sleep medications. Plaintiff alleges that she was pretextually terminated for violations of the drug-free workplace policy. After a jury trial, the jury returned a special ve...

Excerpt: ...en and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. The Court will not be available to hear argument on this motion on December 1, 2022. In the event that any party requests oral argument, the Court will schedule a hearing on a future date. Plaintiffs allege that there was a defect with the 8L56 MYC Hydra-Matic automatic transmission in the 2017 Chevrolet Colorado purchased by Plaintiff. Defendant Gene...

Excerpt: ...e wrongfully withheld monies owed to Cross-Complainant and made false representations to Payan, which caused him to record the reconveyance. Defendant Firooz Payan moves for an order disqualifying attorney Steven C. Huskey, Esq. and the law firm of Epport, Richman & Robbins, LLP from representing Cross-Defendant Houshang Aframian and any other party in this action. TENTATIVE RULING The hearing on Defendant Firooz Payan's motion to disqualify coun...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. The Court will not be available to hear argument on November 30, 2022. In the event that any party requests argument on the tentative, the Court will schedule a hearing at a future date. This is a Lemon Law action whereby Plaintiff allege that Defendants failed to repair the subject vehicle to conform to warranties after a reasonable number of attemp...

Excerpt: ...given and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. The Court will not be available to hear argument on November 30, 2022. In the event that any party requests argument on the tentative, the Court will schedule a hearing at a future date. Plaintiffs allege that there was a Battery Defect in the 2019 Chevrolet Bolt Plaintiffs leased, and Defendant has failed to repair the vehicle to conform to warran...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. The Court will be unavailable to hear this motion on November 29, 2022. In the event that any of the parties request oral argument, the Court will schedule a hearing on a future date suitable for the Court's calendar. Plaintiff alleges that he had an agreement with Defendants, his parents, that property would be purchased and held jointly in Plaintif...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. The Court will be unavailable to hear this motion on November 29, 2022. In the event that any of the parties request oral argument, the Court will schedule a hearing on a future date suitable for the Court's calendar. Plaintiffs allege that Defendants failed to replace a known defective ceiling fan in the bathroom of a neighboring unit. The fan caugh...

Excerpt: ... Janet Brandstetter and Timothy Nelson. Plaintiff's request for leave to amend is DENIED. Plaintiff's request to strike this anti‐SLAPP special motion to strike pursuant to CCP § 128.7 is DENIED. Defendants may bring a separately‐noticed motion to recover attorney's fees incurred in connection with this anti‐SLAPP motion. Given the ruling on the anti‐SLAPP motion, Defendants Janet Brandstetter and Timothy Nelson's demurrer to the Complai...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling, and will set a case management conference for a future date. Plaintiff insurer seeks declaratory relief against insureds that no policy benefits are due based on the insureds breach of obligation to cooperate with the claims adjusting investigation pertaining to an automobile accident. Defendants Anna Arsenyan and Zhora Sargisyan move for an order se...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling and set a post-arbitration status conference in one year. This is a lawsuit filed by Plaintiff general contractor alleging that Defendant subcontractor has breached a settlement agreement by filing an arbitration demand. Defendant KS Steel Corporation brings an amended motion to compel arbitration, and stay this action. TENTATIVE RULING Defendant KS S...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendant informed Plaintiff that Defendant intends to impose charges on Plaintiff's bank account despite a promise made by Defendant's predecessor that there would never be any charges associated with the account. Plaintiff alleges that Defendant has changed the terms of the account whereby he must maintain a minimum balance o...

Excerpt: ...iven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling AND the case management conference will be continued to January 3, 2023 at 8:30 a.m. Plaintiff alleges that Defendants steered Plaintiff into a “hard money loan” mortgage used to evade the requirements of the Dodd-Frank Amendments to the Truth-in-Lending Act (“TILA”). Defendant lender allegedly deprived Plaintiff of use of loan funds needed t...

Excerpt: ...en and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. This is a putative [1] class action brought on behalf of class members who were victims of Defendants' alleged scheme whereby Defendants would fraudulently dupe victims into unknowingly transferring title to real property under the guise of lowered mortgage payments negotiated on the victims' behalf. Defendants would then collect “mortgage payments�...

Excerpt: ...en and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that he was discriminated against and harassed by his supervisor on the basis of his sexual orientation. Plaintiff also alleges that he suffered retaliation for taking CFRA leave to care for his grandparent. Plaintiff also alleges wage and hour violations. Plaintiff was allegedly constructively terminated in retaliation for complaini...

Excerpt: ...ar is not given and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiffs allege that there was a Battery Defect in the 2019 Chevrolet Bolt Plaintiffs leased, and Defendant has failed to repair the vehicle to conform to warranties. Defendant General Motors LLC demurs to the Second Amended Complaint and moves to strike portions thereof. TENTATIVE RULING Defendant General Motors LLC's demurrer to the S...