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