Excerpt: ...er and Felicia Bander motion to strike portions of the Cross‐ Complaint is DENIED in its entirety. Both parties' requests for monetary sanctions are DENIED. ANALYSIS Motion For Sanctions and Motion To Strike Cross-Defendants' Evidentiary Objections Declaration of David Bower No. 1: SUSTAINED. Irrelevant. No. 2: OVERRULED. Sufficient foundation; goes to weight. No. 3: SUSTAINED. Legal conclusion. No. 4: SUSTAINED. Legal conclusion. Declaration o...

Excerpt: ...s Settlement Plaintiff moves for preliminary approval of a class action settlement of wage and hour claims, including a PAGA claim for civil penalties. “A settlement or compromise of an entire class action, or of a cause of action in a class action, or as to a party, requires the approval of the court after hearing.” (Cal. Rules of Court, Rule 3.769(a).) Rule 3.769(c) provides: Any party to a settlement agreement may serve and file a written ...

Excerpt: ...efendant Genuine Parts Company demurs to the Second Amended Complaint and moves to strike portions thereof. TENTATIVE RULING Defendant Genuine Parts Company's demurrer to the Second Amended Complaint is GRANTED with leave to amend as to the fourth cause of action. Defendant's motion to strike is DENIED as to Page 10, line 17 (“Other products to be identified during discovery.”), and GRANTED with leave to amend as to Page 36, paragraph 147 in ...

Excerpt: ...efendant BP Lubricants USA Inc. demurs to the Second Amended Complaint and moves to strike portions thereof. TENTATIVE RULING Defendant BP Lubricants USA Inc.'s demurrer to the entire Second Amended Complaint is GRANTED with leave to amend. Given the ruling on the demurrer, the motion to strike is MOOT. Plaintiffs are given 45 days leave to amend. BP Lubricants USA Inc.'s Demurrer Meet and Confer The Declaration of Daniel S. Hurwitz reflects that...

Excerpt: ...fica Hollywood LP, Pacifica Companies LLC, Pacifica Senior Living Management LLC, and Trion Solutions I, Inc.'s motion to compel arbitration is DENIED. Plaintiff Jonathan Schwartz's demurrer to the Answer filed by Defendant Pacifica Hollywood LLC is OVERRULED as to the first through fourth, ninth, thirtieth, thirty‐first and thirty‐second affirmative defenses. The demurrer is SUSTAINED with leave to amend as to the fifth, sixth, seventh, elev...

Excerpt: ...ubmit a supplemental declaration. TENTATIVE RULING Plaintiffs Pamela Carter, et al.'s motion for leave to file a Second Amended Complaint is GRANTED. Plaintiffs are to file a stand‐alone copy of the Second Amended Complaint today. The Second Amended Complaint shall be deemed served as of the date of this order. Motion For Leave To File Second Amended Complaint Plaintiffs Pamela Carter, et al. move for leave to file a Second Amended Complaint. T...

Excerpt: ...D without leave to amend. The motion to strike Paragraph 25 (Page 7, Lines 2-3) “denial of transfer, and denial of promotion” and Paragraph 34 (Page 8, Line 7) “demotion, denial, of transfer, and” is GRANTED as to denial of transfer, and DENIED as to demotion and denial of promotion. Defendant is to answer the remaining allegations in the First Amended Complaint within 10 days. ANALYSIS Motion To Strike Request For Judicial Notice Defenda...

Excerpt: ...ourt take judicial notice of the February 21, 2020 minute order and the Doe Amendment filed January 22, 2020 relating to the instant case is GRANTED per Evid. Code § 452(d)(court records). Motion For Summary Judgment For the reasons discussed below, Defendant has demonstrated that it is entitled to judgment as to all causes of action asserted against it. Accordingly, the motion for summary judgment is GRANTED. Motion For Summary Adjudication 1. ...

Excerpt: ...ause a portion of the property lies within the City of Los Angeles limits. On October 13, 2020, the Court granted Defendant County of Los Angeles' motion for summary judgment. Pursuant to CCP § 1038, Defendant moves for defense fees in the amount of $28,884.00 and costs in the amount of $2,038.10. TENTATIVE RULING Defendant County of Los Angeles' motion for attorney's fees and costs is GRANTED in the reduced amount of $11,520 in attorney's fees ...

Excerpt: ...c. filed a Cross- Complaint alleging that a third party—Cross-Defendant Meditab, an electronic medical records (“EMR”) software maker—whom Cross-Complainant Rose hired to provide administrative services, allegedly diverted Rose's patients and misappropriated his ownership and/or beneficial interest in the Plaintiff entities. Rose alleges that Cross-Defendants falsely told him that if he turned over control of his exclusive health insuranc...

Excerpt: ...om Plaintiffs Lemuel Thomas and Taylor Amanda Thomas and requests sanctions. TENTATIVE RULING Defendant The Platinum Associates LLC's motions to compel responses to special interrogatories (set one) from Plaintiff Lemuel Thomas and Plaintiff Taylor Amanda Thomas are GRANTED. Plaintiffs Lemuel Thomas and Taylor Amanda Thomas are ordered to provide code‐ compliant, verified responses without objection within 20 days. Defendant's requests for sanc...

Excerpt: ...AINED with leave to amend as to the fourth cause of action. Defendant's motion to strike is GRANTED with leave to amend as to ¶ 6, Page 26:28 (punitive damages). Plaintiffs are given 30 days leave to amend. DISCUSSION: Demurrer Meet and Confer The Declaration of Anthony S. Thomas (on Form CIV-141) reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. Analysis 1. Fourth Cause of Action (Fraudulent Inducement – ...

Excerpt: ...leaves' 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 separately move for j...

Excerpt: ...ation. ANALYSIS Defendant Long Beach BMW's Motion To Compel Arbitration and Stay Action Defendant Long Beach BMW moves to compel arbitration and to stay this action. Under California law, arbitration agreements are valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. (Blake v. Ecker (2001) 93 Cal.App.4th 728, 741 overruled on other grounds by Le Francois v. Goel (2005) 35 Cal...

Excerpt: ... reduced amount of $19,580. Pursuant to CRC Rule 3.1700(b)(4), the $1,073.45 sought in the memorandum of costs are to be added to the judgment. Plaintiff's request for $2,181.21 in non‐statutory costs is DENIED. ANALYSIS Motion For Attorney's Fees On September 18, 2020 judgment was entered in favor of Plaintiff and against Defendants Expert Plant Care, Inc. and Dorothy J. Wilson in the principal sum of $88,999.77, plus interest through and incl...

Excerpt: ..., Defendant allegedly breached the terms of the settlement agreement. On August 6, 2020, the Court ordered the case dismissed without prejudice. Defendant Lauren English seeks an award of attorney's fees, costs and post-judgment interest. RECOMMENDED TENTATIVE RULING Defendant Lauren English's motion for attorney's fees and costs is GRANTED in the reduced amount of $33,800.00 in attorney's fees and the requested amount of $2,389.4 in costs. Pursu...

Excerpt: ...rtions thereof. TENTATIVE RULING Defendants Action Sales & Metal Co., Inc. and Bruce Falk's demurrer to the Second Amended Complaint is SUSTAINED without to amend as to the second sub‐cause of action under the eight cause of action, SUSTAINED without leave to amend as to ¶¶ 105 and 106, and with leave to amend as to ¶ 104 as to the third sub‐cause of action under the eighth cause of action, and SUSTAINED without leave to amend as to the fo...

Excerpt: ...nson is ordered dismissed with prejudice. ANALYSIS Anti‐SLAPP Special Motion To Strike Defendant Todd Stevenson brings this anti-SLAPP special motion to strike re: the Complaint. The Complaint alleges a cause of action for violation of the RICO Act. Plaintiff appears to allege that Defendant Stevenson, a court-appointed attorney, stole Plaintiff's 8 unit apartment and other properties, which was Plaintiff inheritance, slandered Plaintiff's name...

Excerpt: ...pecial motion to strike as to the Complaint. TENTATIVE RULING Defendant Dazhi Chen's anti‐SLAPP special motion to strike is DENIED as to the first and second causes of action. As Defendant filed an Answer on September 18, 2020, the case is now at‐issue. ANALYSIS Anti‐SLAPP Special Motion To Strike Defendant Dazhi Chen brings an anti-SLAPP special motion to strike as to the Complaint. In ruling on a defendant's special motion to strike, the ...

Excerpt: ...Campana's demurrer to the First Amended Cross‐ Complaint is SUSTAINED with leave to amend as to the first and only cause of action. Cross‐ Complainants are given 30 days leave to amend. Plaintiff's demurrer to the entire First Amended Answer to the Second Amended Complaint is OVERRULED. ANALYSIS Demurrer To First Amended Cross‐Complaint Plaintiff/Cross-Defendant demurs to the First Amended Cross-Complaint. Request For Judicial Notice Plaint...

Excerpt: ... reduced amount of $19,580. Pursuant to CRC Rule 3.1700(b)(4), the $1,073.45 sought in the memorandum of costs are to be added to the judgment. Plaintiff's request for $2,181.21 in non‐statutory costs is DENIED. ANALYSIS Motion For Attorney's Fees On September 18, 2020 judgment was entered in favor of Plaintiff and against Defendants Expert Plant Care, Inc. and Dorothy J. Wilson in the principal sum of $88,999.77, plus interest through and incl...

Excerpt: ...Parker, the construction manager of the project. Cross-Defendant View Park Estates Development Inc. demurs to the First Amended Cross- Complaint filed by Plaintiff/Cross-Complainant Minako American Corporation dba Minco Construction. TENTATIVE RULING Cross‐Defendant View Park Estates Development Inc.'s demurrer to the First Amended Cross‐Complaint filed by Plaintiff/Cross‐Complainant Minako American Corporation dba Minco Construction is SUS...

Excerpt: ...ary adjudication. TENTATIVE RULING Defendant MFUG Union Bank, N.A.'s motion for summary judgment is DENIED. Defendant's alternative motion for summary adjudication is DENIED as to Issues Nos. 1 and 2 re: the first cause of action, Issue No. 8 re: fourth cause of action for failure to prevent retaliation, and Issues Nos. 9 and 10 re: punitive damages. The motion for summary adjudication is GRANTED as to Issue No. 4 re: the second cause of action, ...

Excerpt: ... Personal Representative of Decedent Viola E. Cox and Trustee of the Viola E. Cox Trust dated March 15, 2006 moves for an order permitting Plaintiff to allege claims against attorney Sharon Morff pursuant to Civil Code § 1714.10. TENTATIVE RULING Plaintiff Nicholas Gary, Personal Representative of Decedent Viola E. Cox and Trustee of the Viola E. Cox Trust dated March 15, 2006's motion for an order permitting Plaintiff to allege claims against a...

Excerpt: ...nd seventh causes of action and SUSTAINED without leave to amend as to the sixth, eighth and ninth causes of action. Defendant is given 10 days to answer the remaining allegations in the Complaint. ANALYSIS Demurrer Meet and Confer The Notice of Demurrer contains a purported meet and confer declaration reflecting that the requirements set forth in CCP § 430.41 were satisfied. Request For Judicial Notice Defendant requests that the Court take jud...

Excerpt: ...ampana's demurrer to the First Amended Cross‐ Complaint is SUSTAINED with leave to amend as to the first and only cause of action. Cross‐ Complainants are given 30 days leave to amend. Plaintiff's demurrer to the entire First Amended Answer to the Second Amended Complaint is OVERRULED. ANALYSIS Demurrer To First Amended Cross‐Complaint Plaintiff/Cross-Defendant demurs to the First Amended Cross-Complaint. Request For Judicial Notice Plainti...

Excerpt: ...any opposition brief to the anti-SLAPP motion was due by October 15, 2020. The Court has not received any opposition brief as of October 27, 2020. TENTATIVE RULING Defendant Todd Stevenson's anti‐SLAPP special motion to strike the entire Complaint is GRANTED. Defendant Todd Stevenson is ordered dismissed with prejudice. ANALYSIS Anti‐SLAPP Special Motion To Strike Defendant Todd Stevenson brings this anti-SLAPP special motion to strike re: th...

Excerpt: ...'s demurrer to the first, second and third causes of action is OVERRULED. Defendant Jeffrey A. Kaplan is ordered to answer the Complaint within 10 days. ANALYSIS Demurrer Meet and Confer The Declaration of Arthur Carvalho, Jr. reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. Discussion Defendant Jeffrey A. Kaplan demurs to the Complaint. 1. First Cause of Action (Declaratory Relief); Second Cause of Action (...

Excerpt: ...tervenor Greenwich Insurance Company on behalf of Defendant Calsol, Inc. moves for leave to intervene as Defendant-In-Intervention on behalf of its insured, Defendant Calsol, Inc., for the purposes of asserting any and all defenses in this matter. TENTATIVE RULING Greenwich Insurance Company's motion to intervene on behalf of Defendant Calsol, Inc. is GRANTED without conditions. Pursuant to CCP § 387(e), Greenwich is to separately file its answe...

Excerpt: ...endant's motion to strike the Prayer, Paragraph E, Page 17 (punitive damages) is GRANTED with leave to amend. Plaintiff is given 30 days leave to amend. DISCUSSION: Demurrer Meet and Confer On August 6, 2020, counsel for Defendant filed a Declaration to obtain an automatic extension of the time to respond pursuant to CCP § 430.41(a)(2). On September 30, 2020, counsel for Defendant filed a meet and confer declaration indicating that a meet and co...

Excerpt: ...s Person Most Knowledgeable and related document production is GRANTED as to Deposition Categories Nos. 1 – 10 and Requests for Production Nos. 1 – 6. Deposition and document production, where ordered, are to occur within 20 days of this order. ANALYSIS Motion To Compel Deposition Plaintiffs move to compel the deposition of Defendant General Motors, LLC's Person Most Knowledgeable (“PMK”) with production of documents. Defendant served obj...

Excerpt: ...TATIVE RULING Defendant State Farm General Insurance Company's demurrer to the Second Amended Complaint is SUSTAINED without leave to amend as to the first and second causes of action, unless Plaintiff can demonstrate a reasonable possibility of successful amendment, and OVERRULED as to the third cause of action. Based upon the ruling on the demurrer, the motion to strike is MOOT as to ¶¶ 48 – 55. The motion to strike is GRANTED without leave...

Excerpt: ...orporation of America moves for a stay of this action pending resolution of what Defendant characterizes as the first-filed duplicative putative wage and hour class action pending in the U.S. District Court for the Central District of California, pursuant to this Court's inherent authority and discretion and pursuant to California Code of Civil Procedure section 410.30(a), Caiafa Prof. Law Corp v. State Farm Fire & Cas. Co. (1993) 15 Cal.App.4th ...

Excerpt: ... Respondent and Cross-Petitioner “Matthew Waller” also filed a document captioned “RESPONDENT AND CROSS-PETITIONER ‘MATTHEW WALLER – REAL NAME, FOR VACATUR.” TENTATIVE RULING Petitioners Melissa Parker and Neil Marshall's Application to Seal is GRANTED. The documents lodged conditionally under seal by Petitioners shall remain under seal. Respondents Clark Grandin, Bruce Hamilton, Gregory Kemp and Walter Nelson's motion to seal is GRAN...

Excerpt: ...ment is GRANTED. ANALYSIS Request For Judicial Notice Defendant requests that the Court take judicial notice of the following: (1) DFEH Pre-Complaint Inquiry and Acknowledgement for DFEH Case No. 789775-279367; (2) DFEH Request to Approve Complaint and Complaint dated May 18, 2017 for DFEH Case No. 789775-279367; (3) Notice of Filing DFEH Complaint for DFEH Case No. 789775-279367 Closure Determination and Request for Additional Information for DF...

Excerpt: ... for indemnity. Defendants Northern California Mortgage Fund XIII, LLC move to expunge lis pendens. TENTATIVE RULING Defendant Northern California Mortgage Fund XIII, LLC's motion to expunge the lis pendens is GRANTED. Per CCP §§ 405.31 and 405.32, no undertaking is required. Defendant's request for attorney's fees and costs pursuant to § 405.38 is GRANTED in the reduced amount of $3,660. ANALYSIS Motion To Expunge Lis Pendens Request For Judi...

Excerpt: ...through sixth causes of action) is OVERRULED. Defendant's demurrer to the fifth and sixth causes of action is also OVERRULED. Defendant's motion to strike the conspiracy allegations at Page 4:22‐23, ¶ 16; Pages 4:27‐ 5:2, ¶ 17; Pages 5:28‐6:2, ¶ 20; Page 7, ¶ 25; Page 17, ¶ 59; Page 17, ¶ 60; Pages 17‐18, ¶ 61; Page 18, ¶ 62 is DENIED in its entirety. Defendant is ordered to answer the Second Amended Complaint within 10 days. ANAL...

Excerpt: ...ahashi Family Trust only signed a one-year lease. Defendants then began to shut Plaintiff out of the business into which he invested his capital and labor. Defendants Hooman Davoodi, Nobu Jon Takahashi, Hisaye Takahashi, individually and as Trustee of the Takahashi Family Trust, and Casitas Gardens, Inc. demur to the Third Amended Complaint. TENTATIVE RULING Defendants Hooman Davoodi, Nobu Jon Takahashi, Hisaye Takahashi, individually and as Trus...

Excerpt: ...ion in retaliation for her complaints about being misclassified, and interference with contractual relations. Defendants Shantelle Cabir and Newfront Insurance Services, LLC separately demur to the First Amended Complaint. TENTATIVE RULING Defendant Shantelle Cabir's demurrer to the First Amended Complaint is OVERRULED as to the first, second, fourth, sixth, seventh and ninth causes of action and SUSTAINED with leave to amend as to the fifth caus...

Excerpt: ...gment on the pleadings as to the sole cause of action for violation of the Firefighters Procedural Bill of Rights Act in the Complaint is GRANTED. Plaintiff's motion for leave to file a late claim and to file the proposed First Amended Complaint is DENIED. Plaintiff may bring a noticed motion seeking leave to file a First Amended Complaint which seeks only permanent injunctive and/or declaratory relief, without any monetary recovery. ANALYSIS Mot...

Excerpt: ...intiff. Plaintiff seeks to rescind the purchase of each of its purchases of Rubicon's membership interests. Defendants Rubicon Entertainment LLC, Marc Senter and Nathan Grubbs move to compel arbitration and to stay proceedings. Attorney Toby B. Fullmer applies for admission pro hac vice to appear as counsel for Plaintiff Whale Capital L.P. TENTATIVE RULING Defendants Rubicon Entertainment LLC, Marc Senter and Nathan Grubbs's motion to compel arbi...

Excerpt: ...econd, third and fourth causes of action is SUSTAINED without leave to amend as to Defendant The Vermont Trust and OVERRULED as to Defendant Dulany Hill, individually, d/b/a Pacific Coast, and as Trustee of the Vermont Trust. Defendant's motion to strike “any and all references” to claims for exemplary or punitive damages contained in ¶¶ 54, 55 and Prayer ¶ 10 and conclusory allegations of Defendant acting with malice, oppression or fraud ...

Excerpt: ...he service of summons is DENIED. Defendant DCDC Holdings, LLC is ordered to respond to the First Amended Complaint within 30 days. ANALYSIS: Motion To Quash Summons/Dismiss Complaint Specially appearing Defendant DCDC Holdings, LLC moves to quash service of and striking the summons and First Amended Complaint concerning specially appearing Defendant DCDC (and unserved Doe 1 David Berg, DCDC's manager) and for a judgment of dismissal in favor of D...

Excerpt: ...nt alleges as follows. Plaintiff Irma Rodriguez (“Rodriguez”) was employed by defendant Direct Therapy S&P, Corporation (“DT”) as a speech therapist for children. (Compl. ¶ 8.) DT scheduled Rodriguez's home therapy appointments very close together, such that she did not have sufficient travel time between appointments and was frequently late. (Compl. ¶ 8.) The heavy scheduling caused stress and anxiety that aggravated her depression and...

Excerpt: ... HOA Funds were used to repair the damage, instead of being paid out of Ahn's own pocket. The WF HOA Board approved renovation plans of the development's common-interest areas, collecting $15,000 from each residential unit, but promised Defendant Metropolitan Architecture by Suh, Inc. (“MAS”) and Suh that MAS would be the exclusive contractors for the renovation plans, despite the CC&Rs requiring that the Board obtain at least two estimates f...

Excerpt: ...ngineering, Bank of Hope, JC Yeh and Steven Lee demur to the Complaint. TENTATIVE RULING Defendants IE Storm Tech Leasing, LLC, Innerline Engineering, Bank of Hope, JC Yeh and Steven Lee's demurrer is SUSTAINED with leave to amend as to the first and second causes of action, SUSTAINED with leave to amend as to Defendants Storm Tech, Lee and Bank of Hope with regard to the third, fourth and seventh causes of action, SUSTAINED with leave to amend a...

Excerpt: ...'s motion to compel arbitration is GRANTED as to the first, third, fourth and fifth causes of action. The Court orders the second and sixth causes of action severed, and the litigation is ordered stayed as to those causes of action. ANALYSIS Motion To Compel Arbitration and Stay Action Plaintiff's Evidentiary Objections Declaration of Mark A. Puleo and Exh. A Thereto No. 1: SUSTAINED. Improper legal conclusion as to legal effect of CBA. No. 2: OV...

Excerpt: ...anya Kurlyand demur to the First Amended Complaint. TENTATIVE RULING Defendants Leonid Kamenetsky, VIP Bail Bonds Corporation, and Tanya Kurlyand's demurrer to the First Amended Complaint is OVERRULED as to the second, sixth, and ninth causes of action and SUSTAINED without leave to amend as to the seventh and eighth causes of action. Defendants are ordered to answer the remaining allegations of the First Amended Complaint within 10 days. ANALYSI...

Excerpt: ...action. The request to stay this litigation is DENIED. The litigation will proceed as to all causes of action against Defendant FCA US LLC. ANALYSIS Motion To Compel Arbitration and Stay Action Request For Judicial Notice Plaintiff's request that the Court take judicial notice of the orders denying Defendant's motions to compel in In re Totota Motor Corp. Hybrid Brake Mktg., Sales, Practices & Products Liab. Litig., 2011 WL 13160304 (C.D. Cal. 20...

Excerpt: ... No. l and 2 re: the second and fifth causes of action, Issue No. 3 re: the second cause of action, and Issue No. 4 re: the first, third and fourth causes of action. The motion for summary adjudication as to Issue No. 5 re: individual Defendant Ima Marroquin's liability is MOOT. ANALYSIS Supplemental Briefs The Court previously stated that it would consider all of the briefs submitted by both Plaintiffs and Defendants. In the interest of due proc...

Excerpt: ...hillips (sued herein as Tina Kaminsky) and Edward Kaminsky (sued herein as Ed Kaminsky) move for summary judgment/summary adjudication as to the First Amended Complaint. TENTATIVE RULING Defendants Strand Hill Properties dba Strand Hill Christies International Real Estate (sued as Doe 1), Christina Ryoko Phillips (sued herein as Tina Kaminsky) and Edward Kaminsky's (sued herein as Ed Kaminsky) motion for summary judgment as to the First Amended C...

Excerpt: ...FCA US LLC and Champion Dodge LLC's demurrer to the Complaint is SUSTAINED with leave to amend as to the first, third and fourth causes of action and without leave to amend as to the second cause of action. Given the ruling on the demurrer, the Court deems the motion to strike to be MOOT. Plaintiffs are given 30 days leave to amend. ANALYSIS: Demurrer Meet and Confer The Declaration of Jonathan T. Martinez reflects Plaintiff's counsel did not res...

Excerpt: ...endant BP Lubricants USA Inc. demurs to the First Amended Complaint and moves to strike portions thereof. Defendant The Sherwin-Williams Company, erroneously sued and served as “The Sherwin- Williams Company d/b/a Krylon Products Group, also demurs to the First Amended Complaint and moves to strike portions thereof. TENTATIVE RULING Defendant BP Lubricants USA, Inc.'s demurrer to the entire First Amended Complaint is SUSTAINED with leave to ame...

Excerpt: ...the date of this order. ANALYSIS Motion To Set Aside Defaults and Default Judgment Code of Civil Procedure section 473.5, subdivision (a) provides: “When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defe...

Excerpt: ...tics Services, Inc., and Toyota Logistics Services – Long Beach's motion for summary judgment is DENIED. Defendants' motion for summary adjudication is DENIED as to Issues Nos. 1, 2 and 3 re: the first cause of action and as to Issue No. 4 re: the second cause of action. The motion for summary adjudication is GRANTED as to Issue No. 5 re: the third cause of action, Issue No. 6 re: the fourth cause of action, Issue No. 8 re: the fifth cause of a...

Excerpt: ...S Demurrer To First Amended Complaint Meet and Confer The Declaration of James W. Irey reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. Request For Judicial Notice Defendant's request that the Court take judicial notice of the February 21, 2020 minute order and Plaintiff's Response to Separate Statement is GRANTED as to the existence of such documents (Evid. Code § 452(d)), but not the truth of the statemen...

Excerpt: ..., line 9 through Page 4, line 13 (agency allegations); Page 5, lines 10‐12 (definition of an Assignment); Page 11, line 13 through page 12, line 3 (entire fourth cause of action for financial abuse); Prayer, Page 13, line 27, ¶ d (interest on judgments); Prayer, Page 14, line 1, ¶ e (attorney's fees); Prayer, Page 14, lines 3‐4, ¶ g (legal malpractice damages); Prayer, Page 14, lines 6‐7, ¶ h (fraud damages); Prayer, Page 14, lines 8‐...

Excerpt: ...aves' 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 move for a protective o...

Excerpt: ...26 (punitive damages) is GRANTED with leave to amend. Plaintiff is given 30 days leave to amend. DISCUSSION: Demurrer Meet and Confer By way of the Court's July 28, 2020 minute order, the Court ordered the parties to meet and confer and to submit a joint brief by August 17, 2020 identifying the issues which remain following the meet and confer process. The joint statement reflects that the parties met and conferred, but does not reflect that the ...

Excerpt: ...l documents, bank account information, accounts receivables, and itemization of the company's assets and liabilities with him and, in concert with Defendants Shin and Won, divested Omnikeys of much of its assets and profits. Defendant Daniel Sang Yoon Kim moves to set aside the entry of default and to quash service of summons upon Defendant Kim. Attorneys Kring & Chung, LLP / Kenneth W. Chung move to be relieved as counsel for Defendant Daniel Sa...

Excerpt: ... TENTATIVE RULING Defendant Kia Motors America, Inc.'s demurrer to the First Amended Complaint is SUSTAINED with leave to amend as to the sixth cause of action. Defendant's motion to strike is GRANTED with leave to amend as to Prayer, item g at 37:28 (punitive damages): GRANTED with leave to amend. Plaintiffs are given 30 days leave to amend. ANALYSIS: Demurrer Meet and Confer The Declaration of Vernice Louie reflects that the meet and confer req...

Excerpt: ...o the Complaint is SUSTAINED with leave to amend as to the first, second and third causes of action. Plaintiffs are given 30 days leave to amend. ANALYSIS Demurrer Meet and Confer The Declaration of Samuel H. Allen reflects that Plaintiffs' counsel did not respond to meet and confer efforts in good faith. This satisfied CCP § 430.41(a)(3)(B). Discussion Defendant Wells Fargo Bank, N.A. demurs to the following causes of action in the Complaint. 1...

Excerpt: ...ster sums under the Distribution Agreement, the Termination Agreement, the Royalty Agreement, and the Sales Representative Agreement between the parties. Defendants/Cross-Complainants Monster, LLC, Monster, Inc., Monster Technology International and Monster Cable International move for summary adjudication as to two of Beats' affirmative defenses. TENTATIVE RULING Defendants/Cross‐Complainants Monster, LLC, Monster, Inc., Monster Technology Int...

Excerpt: ...nt support. Defendants also claim that they have acquired an easement over the portion of Plaintiff's lot. Cross-Defendant Palos Verdes Peninsula Land Conservatory demurs to the Second Amended Cross-Complaint and moves to strike it in its entirety. TENTATIVE RULING Plaintiff/Cross‐Defendant Palos Verdes Peninsula Land Conservancy's demurrer to the Second Amended Cross‐Complaint is SUSTAINED without leave to amend as to the first and second ca...

Excerpt: ...ersonal Representative of Decedent Viola E. Cox and Trustee of the Viola E. Cox Trust dated March 15, 2006 moves for leave to file a Second Amended Complaint. TENTATIVE RULING Plaintiff Nicholas Gary, Personal Representative of Decedent Viola E. Cox and Trustee of the Viola E. Cox Trust dated March 15, 2006's motion for leave to file a second amended complaint is DENIED without prejudice. Plaintiff must bring a noticed‐motion pursuant to Civil ...

Excerpt: ... the Fifth and Sixth Causes of Action. Defendant Kia Motors America, Inc.'s Motion to Strike is GRANTED without prejudice as to punitive damages; and DENIED as to the allegations for civil penalties pursuant to Civil Code § 1793(a)(3). Should Plaintiffs allege an adequate fraud claim, they may seek punitive damages in an amended complaint. FACTUAL BACKGROUND This is a Lemon Law case. The Complaint alleges as follows. Plaintiffs Margaret Hashaway...

Excerpt: ...tent to terminate for the false explanation of a failure to follow laboratory procedures and falsification of District records. Defendant County Sanitation Districts of Los Angeles County moves for judgment on the pleadings. TENTATIVE RULING Defendant County Sanitation Districts of Los Angeles County's motion for judgment on the pleadings as to the First Amended Complaint is GRANTED without leave to amend as to the sixteenth cause of action and D...

Excerpt: ...cause of his disability, ethnicity and age. Defendant Henry Mayo Newhall Memorial Hospital moves to compel arbitration and to stay this action. TENTATIVE RULING The hearing Defendant Henry Mayo Newhall Memorial Hospital's motion to compel arbitration is CONTINUED to September 30, 2020 at 10:00 a.m. By September 9, 2020, Defendant is to submit evidence that Plaintiff was a union member and that he was thereby subject to the CBA. Plaintiff may file...

Excerpt: ...assignment, which was due to the pain caused by her disabilities. Plaintiff's co-worker, who also was unable to complete her job duties, was not terminated. Plaintiff also alleges that she was not provided with uninterrupted 10-munite rest periods, and was not paid all outstanding wages owed to her. Defendant Ruffin Hotels, LP moves for summary judgment or, in the alternative, summary adjudication. TENTATIVE RULING Defendant Ruffin Hotels, LP's m...

Excerpt: ... motion for summary adjudication is DENIED as to Issue No. 1 re: the first cause of action, Issue No. 2 re: the second cause of action, Issue No. 3 re: the third cause of action, Issue No. 5 re: the fifth cause of action, Issue No. 6 re: the sixth cause of action, Issue No. 7 re: the seventh cause of action, Issue No. 8 re: the eighth cause of action, and Issue No. 9 re: punitive damages. The motion for summary adjudication is GRANTED as to Issue...

Excerpt: ...tely for summary judgment or summary adjudication as to Plaintiffs Esther Isaac and Garba Usman. TENTATIVE RULING Defendant Cesar Gomez's motion to quash the Doe 1 amendment is GRANTED. Defendant Elwyn California's motion for summary judgment as to Plaintiff Esther Isaac is GRANTED. Defendant Elwyn California's motion for summary judgment as to Plaintiff Garba Usman is DENIED. Defendant's motion for summary adjudication as to Plaintiff Usman is D...

Excerpt: ...' demurrer to the 6 th cause of action is SUSTAINED WITH LEAVE TO AMEND. Plaintiff may file a first amended complaint within 10 days. Local Pie's demurrer and motion to strike First, Second and Fifth causes of action “‘It shall be an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California: [¶...

Excerpt: ...rker, the construction manager of the project. Cross-Defendants Clark Parker and View Park Estates Development Inc. demur to the Cross- Complaint filed against them by Plaintiff/Cross-Complainant Minako American Corporation dba Minco Construction. TENTATIVE RULING Cross‐Defendants Clark Parker and View Park Estates Development Inc.'s demurrer to the Cross‐Complaint filed by Plaintiff/Cross‐Complainant Minako American Corporation dba Minco C...

Excerpt: ... homeowners and caused damage to a neighboring unit. WF HOA Funds were used to repair the damage, instead of being paid out of Ahn's own pocket. The WF HOA Board approved renovation plans of the development's common-interest areas, collecting $15,000 from each residential unit, but promised Defendant Metropolitan Architecture by Suh, Inc. (“MAS”) and Suh that MAS would be the exclusive contractors for the renovation plans, despite the CC&Rs r...

Excerpt: ... OVERRULED as to the fourth, eighth, ninth and twelfth causes of action. Plaintiff is given 30 days leave to amend. ANALYSIS Demurrer Meet and Confer The Declaration of Farah Faramarzi reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. Request For Judicial Notice Plaintiff's request that the Court take judicial notice of the Secretary of State website for Plaintiffs and Defendants is GRANTED. The Court may tak...

Excerpt: ...5, ¶ 23 (punitive damages); Page 6, ¶ 28 (punitive damages); Page 6, ¶ 29 (treat Defendant as a corporation for purposes of punitive and treble damages); Page 7, ¶ 4 and Page 7, lines 8-9. The motion to strike is MOOT as to Page 4, ¶¶ 13, 18 given the ruling on the demurrer to the first cause of action. ANALYSIS Demurrer Meet and Confer The Declaration of Katrina J. Valencia reflects that the meet and confer requirement set forth in CCP § ...

Excerpt: ...ly suffered sexual harassment, discrimination and retaliation from other LASD employees based upon her reporting the rape. She was also allegedly marked as a problem employee for filing complaints against people and treated adversely by co-workers as such. Plaintiff was terminated, and she lost her subsequent Civil Service Commission appeal. Defendant County of Los Angeles moves for summary judgment or, in the alternative, summary adjudication. T...

Excerpt: ... the reduced amount of $39,725 against Defendant Southgate Auto, Inc. dba Express Auto Lending only. Plaintiffs' request for costs and expenses is GRANTED in the reduced amount of $5,506.36, jointly and severally against Defendants Westlake Service, LLC dba Westlake Financial Services and Southgate dba Express Auto Lending. Plaintiffs' request for prejudgment interest is GRANTED in the reduced amount of $618.30 against Westlake Service, LLC dba W...

Excerpt: ...ect to the first through fifth causes of action in the Fourth Amended Complaint. Defendant Din Tai Fung (Glendale) LLC also demurs to the Fourth Amended Complaint. TENTATIVE RULING Defendant Din Tai Fung (Glendale) LLC's motion for sanctions pursuant to CCP § 128.7 is DENIED. Defendant's demurrer to the Fourth Amended Complaint is OVERRULED as to the first through fifth causes of action. Defendant is ordered to answer the Fourth Amended Complain...

Excerpt: ... difficult for Plaintiff and his wife that they moved out to live elsewhere. Plaintiff now seeks to quiet title in his name and to recover possession of the property or, alternatively, for partition of the property. Defendants filed a Cross-Complaint alleging that Plaintiff/Cross-Defendant did not fulfill the conditions to require Cross-Complainants to convey their interest in the property to Plaintiff/Cross-Defendant. In particular Plaintiff/Cro...

Excerpt: ...ection 473.5, subdivision (a) provides: “When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exce...

Excerpt: ...gs, if necessary. Leeper must either substitute in as counsel of record, or refrain from actively participating in the conduct of this case. Leeper's failure to obey this directive forthwith will result in the Court setting an order to show cause re: contempt against David Leeper. DISCUSSION: Demurrer Meet and Confer The Declaration of Ariela R. Pier reflects that Cross-Complaints have failed to respond in good faith to meet and confer efforts. T...

Excerpt: ...ntempt of court. TENTATIVE RULING Defendant Benjamin Tarn Rosenfeld's motion for attorney's fees in the amount of $6,940 is GRANTED. Defendant's request in the reply brief for $9,865 in fees and $236.85 in costs not sought in the moving papers is DENIED. Plaintiff Shahrouz Jahanshahi's request for sanctions pursuant to CCP § 128.5 is DENIED. Plaintiff's motion to set an OSC re contempt and for an order compelling production of requested document...

Excerpt: ...e Court entered default judgment against Defendants Jose L. Vega and Maria C. Vega. Defendants now seek to set aside the entry of default and default judgment. TENTATIVE RULING Defendants Jose L. Vega and Maria C. Vega's motion to set aside the default and default judgment entered is GRANTED. A standalone copy of the General Denial is to be filed today. The General Denial is deemed served as of the date of this order. ANALYSIS Motion To Set Aside...

Excerpt: ...Porrazzo, aka Elizabeth Patricia Porrazzo, is GRANTED per Evid. Code § 452(d)(court records). Discussion Although Plaintiff requests in her Reply that the Court disregard the late-filed opposition, because Plaintiff has not demonstrated prejudice from the filing of the opposition on June 9, 2020, the Court will consider the Opposition and the Reply on the merits. Plaintiff Suzanne Porrazzo moves to disqualify counsel Jason A. Fetchik, Robert L. ...

Excerpt: ...he hearing to the earliest available hearing time that allows for appropriate social distancing. Counsel who wish to submit on the tentative ruling should email Department 76 at [email protected] 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...

Excerpt: ...he hearing to the earliest available hearing time that allows for appropriate social distancing. Counsel who wish to submit on the tentative ruling should email Department 76 at [email protected] 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. Plaintiff moves to compel the deposition of Defendant General Motors, LLC's Pers...

Excerpt: ...he hearing to the earliest available hearing time that allows for appropriate social distancing. Counsel who wish to submit on the tentative ruling should email Department 76 at [email protected] Plaintiffs sue Defendants for failure to bring the subject vehicle into compliance with express and implied warranties. Defendant Champion Chrysler Jeep Dodge moves to compel arbitration and to stay this action. Defendant FCA US LLC filed a notice of...

Excerpt: ...he hearing to the earliest available hearing time that allows for appropriate social distancing. Counsel who wish to submit on the tentative ruling should email Department 76 at [email protected] DEMURRER OF DEFENDANT GOLDEN WEST FORECLOSURE SERVICE PLAINTIFFS MOTION TO CONSOLIDATE Per the allegations of the Complaint, this is a wrongful foreclosure case regarding two properties. Plaintiff contends that Defendants foreclosed on both propertie...

Excerpt: ...ue the hearing to the earliest available hearing time that allows for appropriate social distancing. DEFENDANTS' MOTION TO QUASH Defendant Pacific Bliss has failed to repay amounts due and owing pursuant to a promissory note. Defendants have allegedly engaged in fraudulent transfers of personal property to avoid collection of monies by Plaintiff. Defendants Pacific Bliss, LLC, Pacific Bliss SV, LLC and Nathan's Glass & Mirror Inc. move to quash o...

Excerpt: ...e the hearing to the earliest available hearing time that allows for appropriate social distancing. Plaintiff alleges that Defendant Patel, a major shareholder and President of the Mechanical, Electrical and Plumbing Group, instructed his subordinates to intentionally misrepresented the Work In Progress (fees for services that have been performed but not yet billed) at 2016 year-end. This resulted in Defendant receiving bonuses to which he would ...

Excerpt: ...ue the hearing to the earliest available hearing time that allows for appropriate social distancing. DEMURRER TO COMPLAINT Defendants are alleged to be in breach of a promissory note and continuing guaranty thereof given to Plaintiffs in connection with Defendants' purchase of Plaintiff' business assets. After defaulting on payments, Defendants closed the place of business and transferred away all inventory and assets. Defendant/Cross Complainant...

Excerpt: ...ue the hearing to the earliest available hearing time that allows for appropriate social distancing. STATEMENT OF FACTS Plaintiff obtained a default judgment against his former attorney for non-professional negligence. Plaintiff sought to recover the amount of the judgment from the attorney's insurer, which demand for payment was denied. Plaintiff sues the insurer on the assigned claims for breach of contract and bad faith. Defendant State Farm G...

Excerpt: ...at a hearing be scheduled. The Court will then continue the hearing to the earliest available hearing time that allows for appropriate social distancing. STATEMENT OF FACTS The Complaint alleges that as part of the construction of a hotel next to Plaintiff's property, Defendants caused the land adjacent and coterminous with the southern boundary of Plaintiff's land to be excavated two levels below street grade. Defendants' negligent excavation an...

Excerpt: ...g fee, Defendants George E. Chaux, M.D., Parisa Azizad-Pinto, M.D. and Cedars-Sinai Medical Center's motion to quash is GRANTED in its entirety. The Olympus Defendants may serve revised business record subpoenas which narrow the scope of the documents requested in accordance with the Court's discussion. ANALYSIS Motion To Quash Business Records Subpoena The Olympus Defendants argue that this motion to quash improperly seeks to quash two separate ...

Excerpt: ... strike is GRANTED IN PART AND DENIED IN PART, with 30 days leave to amend, as set forth below. DISCUSSION: Demurrer Meet and Confer The Declaration of Stefanie G. Jo reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. 1. Fourth Cause of Action (Fraudulent Inducement – Concealment). A. Re: No Fiduciary Relationship/Duty To Disclose. Defendant argues that a fiduciary relationship does not exist between Plainti...

Excerpt: ...urt's online tentative. TENTATIVE RULING The hearing on Plaintiff Jinn Ong's motion to compel the deposition of Defendant General Motors, LLC's senior repurchase reviewer Dave McWhorter, with production of documents, is CONTINUED. Defendant's supplemental brief with supporting evidence, as specified below, is due 14 days prior. Plaintiff's supplemental brief is due 7 days prior. No supplemental reply will be permitted. ANALYSIS Motion To Compel D...

Excerpt: ...ff's request that the Court take judicial notice of certain Minnesota statutory provisions and various Minnesota and federal decisions is DENIED. These authorities, submitted for the Court's consideration for the first time in connection with the Reply, are not relevant to the Court's determination. The Court need only take judicial notice of relevant materials. (Mangini v. R.J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063, overruled in part ...

Excerpt: ... first signing a lock-up agreement, which Plaintiff refused to do. Plaintiff alleges that Defendants Ellin makes misrepresentations and threats to shareholders in order to prevent them from rightfully trading shares on the open market so that he can manipulate stock prices of Defendant LiveXLive (“LXL”) stock, of which he is a major shareholder. Defendant LivXLive Media, Inc. filed a Cross-Complaint against Plaintiff, alleging that Plaintiff ...

Excerpt: ...fendants Huntington Pacific Insurance Agency and Mark David Heberden's motion for summary judgment is DENIED. Defendants' alternative motion for summary adjudication is DENIED as to Issue No. 1 re: the first cause of action, Issue No. 2 re: the second cause of action, Issue No. 3 re: the third cause of action, Issue No. 4 re: the fourth cause of action, Issue No. 5 re: the fifth cause of action and Issue No. 6 re: the sixth cause of action. The m...