Excerpt: ...en and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that she purchased a used vehicle which manifested serious defects within 30 days of the sale, and that she purchased a pre-paid repair contract, but the dealer failed to register the vehicle with the service contract company, so the company would not assist Plaintiff with repairs. Defendants Nexxt Car, Inc. and American Contractors ...

Excerpt: ...en and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiffs sue Defendants for failure to bring the subject vehicle into compliance with applicable warranties and negligently repaired the vehicle. Plaintiffs Amanda A. Binns and Eric Gurney move for an order to vacate the order compelling arbitration, remove this matter from arbitration, lift the arbitration stay, proceed in state court, and for mone...

Excerpt: ...en and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff client alleges that, as a result of the underlying litigation, Defendant attorneys took 50 percent of the damages award collected and all of the statutory fee award, thereby depriving Plaintiff of $1,750.355.48. Defendants move for an order staying proceedings pending a determination of the motion to compel arbitration. TENTATIVE RULING Defe...

Excerpt: ...en and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendant has wrongfully evicted Plaintiff and wrongfully withheld her personal documents, as well as failed to return Plaintiff's security deposit. Defendant Ken Marefat moves to quash the service of summons and to set aside the default. TENTATIVE RULING The hearing on Defendant Ken Marefat's motion to set aside default is CONT...

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: ...ar is not given and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that he was made to wait 6 months for an automobile repair following and accident, and his insurance company failed to pay for a rental. The engine subsequently failed and stranded Plaintiff on the freeway. Plaintiff has been without his vehicle for 9 months, but Defendant insurer has allegedly denied payments and rental...

Excerpt: ...en and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendants advised Plaintiff and her mother to represent that the underlying loan was a commercial mortgage, even though it was a consumer credit transaction, which rendered the Truth in Lending Act inapplicable to the loan. Defendants allegedly knew Plaintiff did not qualify and could not afford the loan, which was for 11 month...

Excerpt: ...iven and not all parties appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendant committed legal malpractice in connection with construction licensing laws, resulting in Plaintiff being unable to collect its construction fees. Plaintiff Vertiv Corporation demurs to the Answer to the First Amended Complaint. TENTATIVE RULING Plaintiff Vertiv Corporation's demurrer to the Answer 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 Travelers Property Casualty Company of America's motion to compel compliance with the notice of deposition as to Kris Zlatev, a principal or employee of Defendant Black Eagle Express, LLC is GRANTED. Plaintiff's request for sanctions is DENIED for failure to comply with CCP ¶ 2023.040. ANALYSIS Motion For Order Compelling Depositions Discus...

Excerpt: ...en and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Defendants sell a product which exposes consumer to cadmium when they consume the product, without a warning that complies with Proposition 65, Health & Safety Code § 25249.5, et seq. Defendants Enjoy Life Natural Brands, LLC and Trader Joe's Company demur to the Complaint. TENTATIVE RULING Defendants Enjoy Life Natural Brands, LLC and Trader Joe's C...

Excerpt: ...laint and move to strike portions thereof. TENTATIVE RULING Defendants Carrington Mortgage Services, LLC, and Deutsche Bank National Trust Company, as Indenture Trustee, for New Century Home Equity Loan Trust 2006‐2's demurrer to the First Amended Complaint is SUSTAINED without leave to amend as to the first through seventh causes of action. Defendants' motion to strike is GRANTED as to the following: Eighth cause of action (1AC, ¶¶ 118‐144...

Excerpt: ... The litigation is ordered stayed pending arbitration. (Code Civ. Proc., § 1281.4.) ANALYSIS Motion To Compel Arbitration Opposition Exceeds Page Limits For motions that are not for summary judgment or summary adjudication, CRC Rule 3.1113 sets forth a 15-page limit on points and authorities in support of or in opposition to motions, and a 10-page limit on reply memoranda, unless the party applies for an application to file a longer memorandum, ...

Excerpt: ... of personal jurisdiction. TENTATIVE RULING Plaintiff The People of the State of California's request to conduct jurisdictional discovery as to all Specially‐Appearing Defendants is GRANTED. Accordingly, the hearing on the motion to quash is CONTINUED to November 18, 2022 at 8:30 AM. Supplemental briefs are to be filed pursuant to code relative to the November 18, 2022 hearing date. ANALYSIS Motion To Quash Documents Lodged Conditionally Under ...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff brings a survival action and wrongful death action based upon an allegedly defective product placed into the stream of commerce by Defendants. The device is a Stockert Heater-Cooler System 3T, which is a cardiopulmonary bypass temperature controller. The device allegedly presented a risk of bacterial growth that could cause infection in pos...

Excerpt: ...n and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. IF ALL PARTIES SUBMIT ON THE TENTATIVE RULING, THE COURT WILL ADOPT THE TENTATIVE AND CONTINUE THE CASE MANAGEMENT CONFERENCE TO NOVEMBER 1, 2022 AT 8:30 A.M., WITH NO APPEARANCE NECESSARY ON AUGUST 30, 2022 Plaintiff alleges that Defendant insurance company denied coverage for business interruptions caused by the COVID-19 pandemic and closure orders. ...

Excerpt: ...n and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendant committed legal malpractice in connection with construction licensing laws, resulting in Plaintiff being unable to collect its construction fees. Defendant Snell & Wilmer, L.L.P. demurs to the First Amended Complaint. TENTATIVE RULING Defendant Snell & Wilmer, L.L.P.'s demurrer to the first and only cause of action is O...

Excerpt: ...ven 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: ...nd the parties do not appear, the Court will adopt the tentative ruling as the final ruling. This is an action for breach of an agreement for the purchase of real property, whereby Defendants have failed to sell the property. Defendant Regions Bank moves for a determination of good faith settlement with Plaintiff. Plaintiff Joseph Shabani moves for entry of the partial judgment as the final judgment. TENTATIVE RULING Defendant Regions Bank's appl...

Excerpt: ...n and the parties do not appear, 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 filed a Cross- Complaint alleging that Plaintiff has failed to pay Cross-Complainants their share of a Development Fee pursuant to an...

Excerpt: ...O Realty Corp., dba The Agency moves for summary judgment or, in the alternative, summary adjudication. Plaintiff Robyn Pearlman moves for a continuance of the trial date. TENTATIVE RULING Defendant April Lopez and Defendants Alex Nelson, an Individual and 1 st Point Lending, Inc.'s notices of joinder in the motion for summary judgment/summary adjudication filed by Defendant UMRO Realty Corp., dba The Agency are DENIED. Defendant UMRO Realty Corp...

Excerpt: ...r is not given 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 disp...

Excerpt: ..., Melissa McCarthy, Benjamin Scott Falcone, and On the Day Productions, LLC move for summary judgment, or in the alternative, summary adjudication, as to the Complaint. Defendants Ratpac Entertainment, LLC and Brett Ratner move for summary judgment or, in the alternative, summary adjudication, as to the Complaint. THE COURT HAS NOT PREPARED A TENTATIVE RULING ON THE RATPAC DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY AD...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that after he returned from medical leave after an industrial injury, Defendant stripped his peace officer status and demoted Plaintiff to a low-level Intermediate Clerk position with lower pay and reduced benefits. Plaintiff remains employed to date with Defendant, in the demoted position. Defendants County of Los Angeles (sued as ...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiffs allege that Defendants have diverted the resources and opportunities of nominal Defendant Infiniti Health, LLC, of which Plaintiff and Defendant Avery Williams are each 50% members and co-managers. Defendants Avery M. Williams and Aric Williams demur to the Second Amended Complaint. TENTATIVE RULING Defendants Avery M. Williams and Aric Wi...

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 committed legal malpractice in handling the underlying property damage claim and personal injury claim arising from an apartment fire. On May 13, 2022, the Court sustained the demurrer to the to the Answer to the First Amended Cross-Complaint with leave to amend as to the first through fifteenth affirmative ...

Excerpt: ... the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that she was terminated on the basis of her disability and request for accommodation. Defendant Parter Medical Products moves for summary judgment or, in the alternative, summary adjudication. TENTATIVE RULING Defendant Parter Medical Products' motion for summary judgment is GRANTED. ANALYSIS Motion For Summary Judgment Plaintiff's Evidentiary Objections Pursuant to...

Excerpt: ...and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. IF THE PARTIES DO NOT GIVE NOTICE OF INTENT TO APPEAR, THE COURT WILL CONTINUE THE CASE MANAGEMENT CONFERENCE TO AUGUST 31, 2022 AT 8:30 A.M. Plaintiff alleges that she purchased a used vehicle which manifested serious defects within 30 days of the sale, and that she purchased a pre-paid repair contract, but the dealer failed to register the vehicle with...

Excerpt: ...and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendants defamed Plaintiff on a website. Defendants Pink Panthers Logistics, LLC and Nash Misic bring an anti-SLAPP special motion to strike as to the Complaint. TENTATIVE RULING Defendants Pink Panthers Logistics, LLC and Nash Misic anti‐SLAPP special motion to strike the sole cause of action from the Complaint is GRANTED. Def...

Excerpt: ...nd 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/Cross-...

Excerpt: ...nd the parties do not appear, the Court will adopt the tentative ruling as the final ruling. This is a wage and hour action. Defendant Casa Leaders HP, Inc. moves to compel arbitration and stay this action. TENTATIVE RULING Defendant Casa Leaders HP, Inc. 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 Request For Jud...

Excerpt: ...nd the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that she was terminated from her employment based on her refusal to receive a COVID-19 vaccine based upon her religious beliefs. Defendant Health Services Corporation moves to compel arbitration and stay this action. The Court continued the hearing on this matter for a second supplemental declaration. TENTATIVE RULING Defendant Health Se...

Excerpt: ...the Court will adopt the tentative ruling as the final ruling. Plaintiffs allege that Defendant committed legal malpractice in handling the underlying property damage claim and personal injury claim arising from an apartment fire. On September 24, 2019, the Court granted Defendant's motion to compel arbitration. However, on March 15, 2021, the parties agreed to terminate the arbitration and the stay was lifted. Defendant Colleen O'Hara moves to c...

Excerpt: ...the Court will adopt the tentative ruling as the final ruling. Plaintiff is a member of The Black Crowes, and brings to enforce his rights under the parties' partnership agreement, to inspect the Black Crowes' books and records and royalty reports, for disgorgement of any ill-gotten gains stemming from Defendants' malfeasance and unlawful conduct, and for a declaration of the parties' rights and obligations. Attorney Andrew H. Davis moves for adm...

Excerpt: ...he Court will adopt the tentative ruling as the final ruling. If all parties notify the staff of Department 76 submit on the tentative ruling on the motion, the Court will continue the Case Management Conference to August 30, 2022 at 8:30 a.m. and no appearance will be necessary on June 27, 2022, This is a lawsuit filed by Plaintiff general contractor alleging that Defendant subcontractor has breached a settlement agreement by filing an arbitrati...

Excerpt: ...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 other. Defendant Jill Small...

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, LLS and George Panoussis filed a Cross-Complaint alleging that Plaintiffs/Cross-Defendants constructed a wall and/or caused or permitted modification and/or demolit...

Excerpt: ...the Court will adopt the tentative ruling as the final ruling. Plaintiff is a musical artist, writer and producer who alleges that Defendant Kuei breached an agreement to manage Plaintiff's musical career, converted money, and defamed Plaintiff on social media. Plaintiff seeks an accounting from Defendant Distro Kid, a music distribution company which distributed Plaintiff's music. Defendant Kuei Kuei moves to quash the service of summons, and al...

Excerpt: ...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, forcing Plaintiff to take a medical leave, and was further harassed upon her return. Defendant Rogelio Navarete filed a Cross-Complaint alleging that Plaintiff's allegations have caused him emotional distress Cross-Defendant Sandra Goumghar brings an anti-SLAPP special motion to s...

Excerpt: ... the Court will adopt the tentative ruling as the final ruling. Plaintiffs alleges that Defendant Bank of America has failed to work with Plaintiff on meaningful loss mitigation measures, resulting in a pending foreclosure sale on the subject property. Defendant Bank of America, N.A. demurs to the Complaint. TENTATIVE RULING Defendant Bank of America, N.A.'s demurrer to the Complaint is SUSTAINED with leave to amend as to the first through ninth ...

Excerpt: ...St. Rose of Lima Church, and St. Rose of Lima School's for summary judgment is GRANTED. ANALYSIS Defendants' Evidentiary Objections Pursuant to CCP § 437c(q), the Court declines to rules upon the evidentiary objections asserted against evidence which the Court does not deem to be material to the disposition of this motion Discussion Defendants The Roman Catholic Archbishop of Los Angeles, St. Rose of Lima Church, and St. Rose of Lima School move...

Excerpt: ...icle despite Plaintiff's demands for its return. Defendant Steve Gordon, sued in his official capacity as Director of the California Department of Motor Vehicles (“DMV”) moves to dismiss this action for delay of prosecution. TENTATIVE RULING The motion of Defendant Steve Gordon, sued in his official capacity as Director of the California Department of Motor Vehicles (“DMV”) to dismiss this action for delay of prosecution is GRANTED. ANALY...

Excerpt: ... the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendant Theresa Gomez lured her to take a 52 hour life/health course, and if she passed within 1 month, Defendant would receive $10,000. Defendant allegedly represented to Plaintiff that Plaintiff would be able to work side-by-side with Defendant, sign 2 companies and receive $2,800. Defendant Theresa Gomez demurs to the Complaint. TENTATIVE RULING Defendant ...

Excerpt: ... TENTATIVE RULING Plaintiffs Robert Wood's motion to amend the judgment is GRANTED in the reduced amount of $9,955. ANALYSIS Motion To Amend Judgment The parties settled the case, and the Court awarded Plaintiff attorneys' fees, costs and expenses in the amount of $38,712.50 in attorney's fees and $5,197.48 in costs. Pursuant to CCP §§ 116.725, 663 and 663a, Plaintiff moves to amend the judgment [1] to increase the amount of attorneys' fees on ...

Excerpt: ... the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that she was constructively terminated because of her sexual orientation. Plaintiff also alleges that she was not given rest periods. Defendant Petvet Care Centers (California), Inc. demurs to the tenth cause of action in the Complaint. TENTATIVE RULING Defendant PetVet Care Centers (California), Inc.'s demurrer to the tenth cause of action is SUSTAINED. The tenth c...

Excerpt: ...the Court will adopt the tentative ruling as the final ruling. This is a commercial unlawful detainer action pertaining to a Shopping Center Lease. The Court entered judgment in favor of Defendants. Defendants move for an award of attorneys' fees. Plaintiff moves to stay judgment pending appeal. TENTATIVE RULING Plaintiff's petition to stay this action is DENIED. Defendants Homero Hernandez and Lupita A. Hernandez's motion for attorney's fees is ...

Excerpt: ... the Court will adopt the tentative ruling as the final ruling. Plaintiff tenants alleges that Defendant landlords have interfered with the quiet enjoyment of the leased premises, attempted to wrongfully evict Plaintiffs and raised the rent. Defendants Songshen Cai, Karen Wong, Zenpro Property Management and Wesley Lam demur to the Complaint. TENTATIVE RULING Defendants Songshen Cai, Karen Wong, Zenpro Property Management and Wesley Lam's demurre...

Excerpt: ...ot appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendant has failed to pay Plaintiff her share of partnership profits, failed to provide an accounting and to disclose the partnership's financial records, by failing to pursue claims of the partnership against others, and failing to manage and operate the partnership in a fair and equitable manner. Defendant David Duchrow, an individual dba David Pi...

Excerpt: ...the Court will adopt the tentative ruling as the final ruling. This is a putative 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” from the victims for the real prope...

Excerpt: ...the Court will adopt the tentative ruling as the final ruling. Pursuant to California Rule of Court 3.1308(a)(1), the Court does not desire oral argument on the demurrer addressed herein. As required by Rule 3.1308(a)(2), any party seeking oral argument should notify ALL OTHER PARTIES and the staff of Department 76 of their intent to appear and argue. Notice to Department 76 may be sent by email to [email protected]. If notice of intention to...

Excerpt: ...e Court will 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. Plaintiffs Flightblitz, Inc. and David Kaye, an individual formerly d/b/a Flightblitz move for leave to file a Fourth Amended Complaint. TENTATIVE RULING Pla...

Excerpt: ...e Court will adopt the tentative ruling as the final ruling. This is an action to quiet title to the subject property against a deed of trust which was deemed to have been reconveyed by a prior judgment, but which was re-recorded by Defendants. Plaintiff United Lender, LLC moves for the issuance of a preliminary injunction. TENTATIVE RULING Plaintiff United Lender, LLC's motion for a preliminary injunction is GRANTED. The injunction shall not bec...

Excerpt: ...e Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that she was terminated from her employment based on her refusal to receive a COVID-19 vaccine based upon her religious beliefs. Defendant Health Services Corporation moves to compel arbitration and stay this action. TENTATIVE RULING The hearing on Defendant Health Services Corporation's motion to compel arbitration is CONTINUED to July 6, 2022 at 8:30 AM. Defendant is...

Excerpt: ...e 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 complaining about harassment and discriminati...

Excerpt: ...ot appear, the Court will adopt the tentative ruling as the final ruling. Plaintiffs allege that Defendants failed to remedy uninhabitable conditions at the subject property. Defendant MC 17 th Street Properties, LLC demurs to the First Amended Complaint and moves to strike portion thereof. TENTATIVE RULING Defendant MC 17 th Street Properties, LLC's demurrer to the First Amended Complaint is OVERRULED as to the third and fifth causes of action. ...

Excerpt: ...e 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 other. Defendant Jill Small brings a ...

Excerpt: ...ot appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that he was made to wait 6 months for an automobile repair following and accident, and his insurance company failed to pay for a rental. The engine subsequently failed and stranded Plaintiff on the freeway. Plaintiff has been without his vehicle for 9 months, but Defendant insurer has allegedly denied payments and rental coverage in bad faith. Defendant Fa...

Excerpt: ...ourt 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, and failed to disclose an engine defect. Defendant Kia America, Inc. (f/k/a Kia Motors America, Inc.) moves for summary judgment or, in the alternative, summary adjudication. TENTATIVE RULING The hearing on Defendant Kia A...

Excerpt: ...rties do not appear, the Court will adopt the tentative ruling as the final ruling. This is a wage and hour action. Plaintiff also alleges whistleblower retaliation. Plaintiff demurs to the Answer and moves to strike portions thereof. TENTATIVE RULING Plaintiff Ana Mendoza's demurrer to the Answer is OVERRULED as to the second, thirteenth, fifteenth, sixteenth, and seventeenth affirmative defenses, SUSTAINED with leave to amend as to the first, t...

Excerpt: ...e Court will adopt the tentative ruling as the final ruling. This is a Lemon Law action. Plaintiff Elaine Adams, as successor-in-interest to Nick Shelbi moves to compel the deposition of Defendant's person most knowledgeable. Plaintiffs also request monetary sanctions. TENTATIVE RULING Plaintiff Elaine Adams, as successor‐in‐interest to Nick Shelbi's motion to compel the deposition of Defendant's person most knowledgeable is GRANTED as to all...

Excerpt: ...iff's request for judicial notice Nos. 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 is GRANTED per Evid. Code § 452(b)(regulatory enactments) and § 452(c)(executive acts). Request No. 2 is DENIED, as this is not a matter of which the Court may take judicial notice pursuant to Evid. Code § 452. Requests Nos. 18-24 are DENIED. These court records are irrelevant to the Court's determination of this motion. Request No. 25 is GRANTED....

Excerpt: ...the Court will adopt the tentative ruling as the final ruling. In the event that the parties submit to the Court's tentative on the demurrer, the Court will set a further case management conference on August 12, 2022 at 8:30 a.m. and no hearing will be necessary on May 26, 2022. Plaintiffs allege that Defendants wrongfully foreclosed on his property while a loan modification was in progress and during a COVID-19 moratorium, and a promise to allow...

Excerpt: ...the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that he was discriminated against and harassed on the basis of his disability, national origin, and age, his disability was not accommodated, and he was ultimately terminated under the pretext that he made threats against his supervisor. Defendant Local Initiative Health Authority For Los Angeles County dba L.A. Care Health Plan (“L.A. Care”) demurs to the Compla...

Excerpt: ...Court will adopt the tentative ruling as the final ruling. Plaintiffs allege that he has suffered retaliation due to having filed and litigated a FEHA discrimination lawsuit, which resulted in a verdict in Plaintiff's favor. Defendant State of California, Department of Transportation moves for a continuance of the trial and related dates, as well as to compel the independent mental examination of Plaintiff. TENTATIVE RULING Defendant State of Cal...

Excerpt: ... an order permitting settlement of this representative PAGA action. The State is the real party in interest as to a PAGA claim. (Tanguilig v. Bloomingdale's, Inc. (2016) 5 Cal.App.5th 665, 680.) Pursuant to Labor Code § 2699(l)(2) & (4), a copy of the settlement agreement, and notice of this motion, was provided to the Labor and Workforce Development Agency (“LWDA”). The LWDA was given an opportunity to object if it wished to do so. The Cour...

Excerpt: ...e Court will adopt the tentative ruling as the final ruling. Plaintiff sublessee alleges that Defendant sublessor has failed to forward sublessee's rent to the master lease lessor, but Defendant remains in a position to draw substantial funds on the letter of credit. Defendants StreetTeam Software, LLC and JustTours, Inc. filed a Cross-Complaint alleging that Cross-Defendant/Plaintiff failed to renew or replaced the Letter of Credit required by t...

Excerpt: ...e Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendants—In constructing a mega-mansion on their neighboring property—have improperly used and damaged an ingress/egress easement over Plaintiff's property, trespassed upon Plaintiff's property, and constructed various encroachments over and damaged Plaintiff's property. Defendant WPG 10697 Somma, LLC filed a Cross-Complaint seeking indemnity against Dean Ha...

Excerpt: ...e Court will 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 Plaintiff Valley of the Sun Cosmetics, LCC to enter into settlement agreements with some of the vendors. This caused damage to Plaintiffs' business reputation with the ven...

Excerpt: ...the Court will adopt the tentative ruling as the final ruling. Plaintiffs allege that Defendant committed legal malpractice in connection with a court appearance on behalf of Plaintiffs, and allegedly engaged in bill churning. Defendant Taufiki D. Joshua, in pro per demurs to the Complaint. TENTATIVE RULING Defendant Taufiki D. Joshua, in pro per's demurrer to the Complaint is SUSTAINED with leave to amend as to the first, second and fourth cause...

Excerpt: ...e 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. Defendant Kaiser Foundation Hospitals moves to compel an additional hour of an indepen...

Excerpt: ...e 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 Ahmadreza Rastegarrazi filed a Cross-C...

Excerpt: ...e Court will adopt the tentative ruling as the final ruling. Defendant American Honda Motor Co., Inc. moves to compel arbitration and stay this action. TENTATIVE RULING Defendant American Honda Motor Co., Inc.'s motion to compel arbitration and request to stay this litigation is GRANTED. ANALYSIS Motion To Compel Arbitration and Stay Action Discussion Defendant American Honda Motor Co., Inc. moves to compel arbitration and stay this action. The C...

Excerpt: ...s' assets under the guise of financial planning, retirement planning and wealth management to generate commissions, bonuses and fees to benefit Defendants, all of which ended up depleting Cleves' assets. Defendants Wells Fargo Bank, N.A. a/k/a Wells Fargo Home Mortgage, Wells Fargo Clearing Services, LLC, f/k/a Wells Fargo Investments, LLC, Elizabeth Chai-Chang, Keith Comrie, Tricia Littman, Dora Pasco, and Jeanne Young moves for summary judgment...

Excerpt: ...pt the tentative ruling as the final ruling. Plaintiffs allege that Defendant committed legal malpractice in handling the underlying property damage claim and personal injury claim arising from an apartment fire. On September 24, 2019, the Court granted Defendant's motion to compel arbitration. However, on March 15, 2021, the parties agreed to terminate the arbitration and the stay was lifted. Cross-Complainant Colleen O'Hara demurs to the Answer...

Excerpt: ... and recorded a deed in lieu of foreclosure, conveying the property back to Plaintiff. However, the property was encumbered by the PACE liens, and when Plaintiff sold the property, it had to pay the PACE debt in full through the escrow proceeds. Defendants Nostra Cosa Realty & Investment Group, LLC, Julie N. Medina, and Victor Hugo Quijano demur to the First Amended Complaint. TENTATIVE RULING Defendants Nostra Cosa Realty & Investment Group, LLC...

Excerpt: ...of an appropriate expert witness to enable him to proceed to trial in the underlying action. Woods also allegedly failed to pay the fees and costs owed to Cross-Complainants. Plaintiff /Cross-Defendant Alfredo Woods moves to tax costs sought by Defendants/Cross- Complainant, Shahrokh Mokhtarzadeh, a Professional Law Corporation, and Shahrokh Mokhtarzadeh. TENTATIVE RULING Plaintiff /Cross‐Defendant Alfredo Woods' motion to strike the entire Mem...

Excerpt: ...e Court will adopt the tentative ruling as the final ruling. Plaintiffs allege that there was a known Steering Defect commonly known as the “Death Wobble,” with the 2018 Jeep Wrangler they purchased, and Defendants failed to repair the vehicle to conform to the applicable warranties. Defendant FCA LLC moves for judgment on the pleadings as to the First Amended Complaint. TENTATIVE RULING Defendant FCA LLC's motion for judgment on the pleading...

Excerpt: ... the arbitration award is GRANTED. However, Plaintiff is to file an acknowledgement of satisfaction of judgment regarding the monetary award if it has in fact been paid in full, in accordance with Civ. Proc. Code § 724.010. ANALYSIS Petition To Confirm Arbitration Award Any party to an arbitration award may petition the court to confirm, correct, or vacate the award. (Code Civ. Proc., § 1285.) “If a petition or response under this chapter is ...

Excerpt: ... could be obtained. Attorney Ryan Kian, Esq. moves to be relieved as counsel for Defendants Ben Bahadori, Bahadori18, Inc. Defendant Jason Youseph demurs to the Complaint and moves to strike portions thereof. TENTATIVE RULING Attorney Ryan Kian, Esq.'s motion to be relieved as counsel for Defendants Ben Bahadori, Bahadori18, Inc. is DENIED without prejudice. Moving attorney did not submit a proof of service, nor mandatory Judicial Council forms M...

Excerpt: ... Court will adopt the tentative ruling as the final ruling. Plaintiffs allege that there were various defects with the 2015 KIA Optima they leased, including a defective Theta II engine. Plaintiffs Juan Arreguin aka Juan Jose Arreguin and Carmina Arreguin aka Carmina Estrada Arreguin moves to compel the deposition of Defendant's person most knowledgeable and custodian of records. Plaintiffs also request monetary sanctions. TENTATIVE RULING Plaint...

Excerpt: ...t appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that she was terminated for requesting accommodation for her disability, and was terminated. Plaintiff also allege wage and hour violations. Defendants MJM Plumbing Company, Inc., Maurice F. Jensen, and Deborah A. Jensen demur to the Complaint and move to strike portions thereof. TENTATIVE RULING Defendants MJM Plumbing Company, Inc., Maurice F. Jensen, and...

Excerpt: ... as to Plaintiff Tamblyn Johnson. TENTATIVE RULING Defendant Pasadena Hospital Association, Ltd. d/b/a Huntington Hospital's motion for summary judgment is GRANTED. ANALYSIS Plaintiff's Evidentiary Objections Pursuant to CCP § 437c(q), the Court only rules upon the following objections to evidence which the Court deems to be relevant to the disposition of this motion: Declaration of Gloria Sanchez-Rico No. 4: OVERRULED. Goes to weight. No. 7: OV...

Excerpt: ...the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that his hours were cut and he was eventually terminated after requesting medical leave for his disabilities. Plaintiff Juan Herrera moves for an order compelling Defendant Sherif Antoon, the owner of Antoon Enterprises, Inc., to resume his deposition and give deposition testimony on areas where he refused to testify. Plaintiff also requests imposition of sanctions. ...

Excerpt: ...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/Cross-Defendant knowingly consented ...

Excerpt: ..., the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendant employer did not enforce or observe COVID-19 safety protocol and Plaintiff was exposed to co-workers sitting in close proximity to Plaintiff. After Plaintiff developed COVID-19 symptoms, and while he was quarantining and awaiting a test, he was terminated. Defendants Proactive Wellness Systems Holdings, Inc. and Saonti Roy demur to the First Amended ...

Excerpt: ..., the Court will adopt the tentative ruling as the final ruling. Plaintiffs allege that there was an undisclosed known Cooling System defect in the 2012 Chevrolet Cruze purchased by Plaintiffs. Defendant failed to rep air the vehicle to conform to the applicable 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 Secon...

Excerpt: ... Defendants The Westside Group LLC, Westside Carrozzeria LLC, Mike Escudero, Kevin Samera and Orlando Cabanday's renewed petition to compel arbitration is CONTINUED to June 24, 2022 at 8:30 a.m. The parties are to participate in mediation and file briefs regarding the status of the mediation. The parties may also file supplemental briefs in accordance with the code relative to the June 24, 2022 hearing date. ANALYSIS Motion To Compel Arbitration ...

Excerpt: ...he Court will adopt the tentative ruling as the final ruling. This is an action for dissolution of a limited liability company. Defendant Patricia Slesinger Bentson demurs to the Fourth Amended Complaint. Defendant DCDC Holdings, LLC filed a notice of joinder to the demurrer. TENTATIVE RULING Defendant DCDC Holdings, LLC's notice of joinder to the demurrer is GRANTED. Defendant Patricia Slesinger Bentson's demurrer to the Fourth Amended Complaint...

Excerpt: ...admission by a party opponent (Evid. Code § 1220), the statement made by the “Internet Wayback Machine,” is a hearsay statement by web.archive.org which is not attributable to Defendant. “The admission of multiple hearsay is permissible where each hearsay level falls within a hearsay exception.” (People v. Riccardi (2012) 54 Cal.4th 758, 831, overruled on other grounds in People v. Rangel (2016) 62 Cal.4th 1192, 1216.) Request For Judici...

Excerpt: ...the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that he was terminated in retaliation for complaining about health and safety and labor law violations. Plaintiff also alleges wage and hour violations and that he was punished for utilizing paid sick leave. Defendants Numero Uno Acquisitions, LLC and Doug Minor move for summary judgment or, in the alternative, summary adjudication. TENTATIVE RULING Defendants Numero...

Excerpt: ..., the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that his hours were cut and he was eventually terminated after requesting medical leave for his disabilities. Defendant Unified Security Services II, Inc. (Doe 2) and Defendant Unified Protective Services, Inc. (Doe 3) separately demurrer to the Complaint (actually the First Amended Complaint). TENTATIVE RULING Defendant Unified Security Services II, Inc. (Doe 2) a...

Excerpt: ...he Court will adopt the tentative ruling as the final ruling. Petitioner seeks an order compelling Respondent to produce subpoenaed medical records of Respondent's patients who were prescribed medication by Respondent, for the purposes of investigating a complaint into such treatment. TENTATIVE RULING Petitioner Kimberly Kirchmeyer, Director of the Department of Consumer Affairs, State of California, by and through Rob Bonta, Attorney General of ...

Excerpt: ... appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff Lilian Isela Morales Comparini's motion for leave to file the proposed First Amended Complaint is DENIED. Leave to amend will be granted in accordance with the Court's ruling on the demurrer. Defendant Steve Gordon, sued in his official capacity as Director of the California Department of Motor Vehicles' demurrer to the Complaint is SUSTAINED with leave to amend as ...

Excerpt: ... the Court will adopt the tentative ruling as the final ruling. Plaintiffs allege that Defendants committed wage and hour violations. Defendants Command Security Systems, LA's Best Security, Inc., Jawed Gulzar, and Arjun Singh Gill demur to the First Amended Complaint. TENTATIVE RULING Defendants Command Security Systems, LA's Best Security, Inc., Jawed Gulzar, and Arjun Singh Gill's demurrer to the First Amended Complaint is OVERRULED as to the ...

Excerpt: ... for summary judgment / summary adjudication as to the Second Amended Complaint. Cross/Defendant Plaintiff William Campana moves for summary judgment / summary adjudication as to the Second Amended Cross-Complaint. TENTATIVE RULING Defendants Consuelo Saldana, Miguel Dominguez and Iva Dominguez's motion for judgment on the pleadings, motion for summary judgment, and motion for summary adjudication as to the Second Amended Complaint is DENIED. Pla...

Excerpt: ...ENTATIVE RULING The hearing on Specially Appearing Defendant Kuei Kuei' s motion to quash service of summons is CONTINUED to May 31, 2022 at 8:30 AM. Plaintiff's supplemental brief and declarations are due April 29, 2022. Defendant's supplemental opposition and declarations are due May 17, 2022. Plaintiff's supplemental reply brief is due May 24, 2022. The hearing on the motion for sanctions is also CONTINUED to May 31, 2022. Motion To Quash Serv...

Excerpt: ...the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that she was terminated in retaliation for her whistleblowing complaints about worksite safety violations relative to COVID-19, wage and hour complaints, workplace harassment. Plaintiff Melanie Robles moves for leave to file a first amended complaint. TENTATIVE RULING Plaintiff Melanie Robles' motion for leave to file a First Amended Complaint is DENIED. ANALYSIS Mot...

Excerpt: ..., and Sang K. Jun's motion for judgment on the pleadings as to the Complaint is GRANTED without leave to amend as to the sixth, seventh, eighth, ninth, tenth, and fifteenth causes of action against individual Defendants Lim and Jun, and DENIED as to the eleventh, twelfth, thirteenth, fourteenth, sixteenth and seventeenth causes of action. ANALYSIS: Motions To Judgment On The Pleadings Request For Judicial Notice Defendants' request that the Court...

Excerpt: ...opt the tentative ruling as the final ruling. Plaintiffs sue Defendants for failure to bring the subject vehicle into compliance with applicable warranties and negligently repaired the vehicle. Defendants BMW of North America, LLC and Sterling BMW move to compel arbitration and stay this action. TENTATIVE RULING Defendants BMW of North America, LLC and Sterling BMW's motion to compel arbitration and requests to stay this litigation is DENIED. ANA...

Excerpt: ...the Court will adopt the tentative ruling as the final ruling. Defendants Jung Suh and Metropolitan Architecture By Suh move for determination of good faith settlement with Plaintiffs. TENTATIVE RULING Defendants Jung Suh and Metropolitan Architecture By Suh's motion for determination of good faith settlement is GRANTED. ANALYSIS Motion For Determination of Good Faith Settlement Defendants Jung Suh and Metropolitan Architecture By Suh move for de...

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...