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...

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: ...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. 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: ... 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: ...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...