Excerpt: ...ing the PMQ to produce, at deposition, all documents responsive to the Notice of Deposition; and (3) awarding sanctions as permitted by law, up to and including issue, evidentiary, and terminating sanctions. TENTATIVE RULING Plaintiff Irma Menendez's motion to compel the deposition of Defendant U.S. Bancorp dba US Bank's person most qualified is DENIED. The parties are to meet and confer regarding an alternative deposition date and Plaintiff may ...

Excerpt: ...at Beats owes Monster 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 to bifurcate contract interpretation issues for determination by the Court and to seal excerpts of the memorandum of law pertaining to this motion. Pl...

Excerpt: ...iff moves for leave to file a Second Amended Complaint. TENTATIVE RULING The motion for summary adjudication as to Issues Nos. 1, 2 and 3 re: the tenth cause of action is DENIED. The motion for summary adjudication as to Issues Nos. 4 and 5 re: the eleventh cause of action is DENIED, but the motion for summary adjudication as to Issues Nos. 6 and 7 re: the eleventh cause of action is GRANTED. The motion for summary adjudication as to Issues Nos. ...

Excerpt: ...os Angeles County Criminal Court Case No. BA476023. The ground for this motion is “that good cause exists for a Stay of all proceedings because a temporary stay is warranted to protect the integrity of a current, ongoing criminal proceeding from civil discovery and proceedings that would interfere with and compromise the prosecution's case.” Notice of Motion, Page 1:26-28. “Trial courts generally have the inherent power to stay proceedings ...

Excerpt: ...G The motion is DENIED. BACKGROUND On January 3, 2020, Oscar Torres filed a complaint against General Motors, LLC for violation of statutory obligations. LEGAL AUTHORITY “Venue, the county in which an action takes place, is statutorily governed by the type or form of the particular action. [Citation omitted.] ‘Venue is determined based on the complaint on file at the time the motion to change venue is made.' [Citations.] (Brown v. Superior Co...

Excerpt: ...on on the date noticed, and would not agree to a date for the deposition to be reset. CCP § 2025.450 provides: (a) If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or ...

Excerpt: ... Defendants argue that adjudication of the affirmative defense based on the application of the applicable statute of limitations could potentially dispose of the need to litigate any other issues in this case or, at a minimum, significantly reduce the issues remaining to be tried. The Court has the discretion to order bifurcation in furtherance of convenience, the ends of justice, the economy and efficiency of handling the litigation, or to avoid...

Excerpt: ... Inc. Motion for Determination of Good Faith Settlement The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. The court ORDERS that in this action, all present claims and cross- complaints of any kind for implied indemnity, equitable comparative contribution and apportionment or partial or comparative indemnity and apportionment based on comparative negligence or comparative fault against CPRI be and are dis...

Excerpt: ...INED. In this regard, the Court also notes that Plaintiff filed a Second Amended Complaint on October 11, 2019 which did not include exhibits, then filed a “Second” (actually Third) Amended Complaint on October 18, 2019, which did include exhibits. This Second (actually Third) Amended Complaint was filed without leave of Court in violation of CCP § 472(a). Accordingly, the “Second” Amended Complaint filed on October 18, 2019 is ordered s...

Excerpt: ...14-00458130-CU-OR- VTA is GRANTED per Evid. Code § 452(d)(court records). Discussion Defendant Law Offices of Martin D. Gross, a Professional Corporation (erroneously sued and served as Martin D. Gross dba Law Offices of Martin D. Gross) demurs to the First Amended Complaint (“1AC”) on the following grounds: 1. Entire First Amended Complaint[1]. Defendant argues that Plaintiffs lack standing as to the entire 1AC because they are not the real...

Excerpt: ...l.4 th 1094). A party petitioning to compel arbitration has the burden of establishing the existence of a valid agreement to arbitrate and the party opposing the petition has the burden of proving, by a preponderance of the evidence, any fact necessary to its defense. Banner Entertainment, Inc. v. Superior Court (1998) 62 Cal.App.4th 348, 356-57. Defendants argue that the subject arbitration agreement is governed by the Federal Arbitration Act be...

Excerpt: ...Bernstein, Trustee of the Jessica Bernstein Trust dated June 20, 2009 demur to the Second Amended Complaint (“2AC”). 1. First Cause of Action (Common Counts—Services Rendered). A. Re: Failure To State A Cause of Action. Defendants Harvey L. Bernstein and Edith Lee Ann Clark, Trustees of the Harvey L. Bernstein and Edith Lee Anne Clark Living Trust dated October 11, 2006, and Jessica Bernstein, Trustee of the Jessica Bernstein Trust dated Ju...

Excerpt: ... documents. Plaintiff characterizes McWhorter as a percipient witness, whose testimony is required as to whether GM complied with its obligation to perform a good faith evaluation of Plaintiff's complaints and buyback request. Defendant has refused to produce McWhorter for deposition and produce the requested documents. CCP § 2025.450 provides in pertinent part: (a) If, after service of a deposition notice, a party to the action or an officer, d...

Excerpt: ...mplaint (“1AC”). 1. First Cause of Action (Intentional Interference with Expectation of Inheritance). A. Re: This Cause of Action Is Only Permitted In Narrow Circumstances, Which Are Not Present Here. Defendant argues that, because Plaintiff has an adequate remedy in probate court, she cannot state a cause of action in civil court. However, in setting forth the elements of the then-newly-recognized cause of action for intentional interference...

Excerpt: ...y of San Diego pursuant to CCP §§ 395, 396(b), 397(a) and 397(c). The basis for this motion is that this action was commenced in a court other than that designated as the proper court for trial thereof or, alternatively, that “the convenience of all parties and witnesses would be served best if the matter were transferred to the San Diego County Courts.” Notice of motion, Page 2:15-16. Re: Waiver. Plaintiff argues that Defendants waived the...

Excerpt: ...relieved as counsel for Defendants Avent Law Group, Inc. and Juan Torres. California Rules of Court, Rule 3.1362 requires that the following Mandatory Judicial Council forms be filed for a motion to be relieved as counsel: Notice of Motion and Motion to Be Relieved as Counsel--Civil (form MC-051); Motion to Be Relieved as Counsel--Civil (form MC-052); and Order Granting Attorney's Motion to Be Relieved as Counsel--Civil (form MC-053). See CRC Rul...

Excerpt: ...of $17,000.00 in attorney fees, and the amount of $2,575.30 in costs. ANALYSIS Motion For Attorneys' Fees Attorney Fees The parties settled this lawsuit, and Plaintiff now seeks an award of attorney's fees in the amount of $29,770.00 plus a lodestar multiplier of 0.1 in the amount of $2,977.00 for a total of $32,747.00 and costs of $2,575.30. Plaintiff brought causes of action pursuant to the Song-Beverly Act, Civil Code § 1790, et seq. § 1794(...

Excerpt: ...s senior repurchase reviewer Dave McWhorter, with production of documents. Plaintiff characterizes McWhorter as a percipient witness, whose testimony is required as to whether GM complied with its obligation to perform a good faith evaluation of Plaintiff's complaints and buyback request. Defendant has refused to produce McWhorter for deposition and produce the requested documents. CCP § 2025.450 provides in pertinent part: (a) If, after service...

Excerpt: ...s for obtaining these materials is through a Pitchess motion. (County of Los Angeles v. Superior Court (1990) 219 Cal.App.3d 1605, 1611.) A Pitchess motion shall (1) identify the proceeding in which discovery or disclosure is sought, the party seeking discovery or disclosure, the peace or custodial officer whose records are sought, the governmental agency which has custody and control of the record, and the time and place at which the motion for ...

Excerpt: ..., 2019, Plaintiff Taranom Hayesfiled this lawsuit against General Motors LLC, Martin Automotive Group, Casa de Cadillac, Beverly Hills C Property LLC, and Martin Cadillac (Doe 1) for claims arising from Plaintiff's lease of a 2016 Cadillac Escalade: C/A 1: Violation of Civil Code § 1793.2 (d) C/A 2: Violation of Civil Code § 1793.2(b) C/A 3: Violation of Civil Code § 1793.2 (a)(3) C/A 4: Breach of Express Written Warranty C/A 5: Breach of the ...

Excerpt: ...afety regulations. Defendant Aerovironment is a defense contractor and leading manufacturer of small, weaponized unmanned aircraft systems or “drones.” In 2017, AeroVironment gained notoriety for its “Switchblade” explosive-bearing drone that is substantially smaller than most other unmanned weaponized aircrafts (it weighs approximately 5.5 pounds, with a length and width of approximately 2 feet). In October 2007, AeroVironment hired Plai...

Excerpt: ...ranted without leave. Summary of Case This is a PAGA lawsuit. 1. Background Facts In September 2017, Clarence H. Dodson (“Plaintiff”) began working as a Store Clerk/ Service Clerk at Smart & Final located in Riverside, California. Plaintiff made $10.70 an hour and was paid $13.70 for Sunday shifts. While working at Smart & Final, Plaintiff was continuously not given meal breaks when he worked between 5-6 hours and did not get rest breaks for ...

Excerpt: ...aughn II appeal. SUMMARY OF CASE This is one of many cases between former tenants and their former landlords. BC454063 “Vaughn I” (filed 01.28.11): The action underlying this case. Tenants Jack Vaughn, Esmeralda Hernandez, Wayne Hart, Dennis Goldson, Carlos Rodriguez, and Ernest Johnson brought a wrongful eviction action against defendants: Barbara Darwish (individually & dba 13 Wish), Barbara Darwish dba 13 Wish,Trustee of 1132 Hyperion Ave....

Excerpt: ...crimination, and retaliation on the basis of sex, including gender identity and gender expression, and related claims. Defendants Forever 21, Inc. and Forever 21 Retail, Inc. move to compel arbitration and to dismiss or stay the action. TENTATIVE RULING: Defendants Forever 21, Inc. and Forever 21 Retail, Inc.'s motion to compel arbitration and to dismiss or stay the action is GRANTED. The action is stayed pending conclusion of the arbitration as ...

Excerpt: ... judicial notice is GRANTED as to exhibits 1, 4, and 5. -Defendant's request is DENIED as to exhibits 2 and 3. -Plaintiff's request for judicial notice of exhibit A is GRANTED. -Defendant's evidentiary objections (1-3) are OVERRULED. Summary of Case This is a legal malpractice action. On May 15, 2017, Plaintiff Alona Sudorzhenko retained Defendant Yousef Monadjemi to represent her as her attorney to effectuate and accomplish a buyout of the tenan...

Excerpt: ...became upset and called security. Dodgers private security came to the seats and asked Vanessa Gonzales to go with them. Plaintiff went with Ms. Gonzales to the concourse. While standing in the concourse with security, Plaintiff stated he had to use the restroom that was approximately 15-feet away. Dodger security told Plaintiff he had to use the men's room approximately 300 feet down the concourse. Because Plaintiff had to use the restroom urgen...

Excerpt: ...reach of written contract; (2) wrongful detention; (3) open account/unjust enrichment, as common count for goods/money had and received; (4) for account stated; (5) money damages for check for insufficient funds; (6) promissory fraud; (7) conversion; (8) illegal distributions; (9) unfair business practice; (10) unjust enrichment; and (11) claim & delivery/replevin. On November 17, 2018, Defendants were served. On December 18, 2018, default was en...

Excerpt: ...Plaintiff and Defendants. Defendants' motion to compel arbitration is thus GRANTED. Defendants' reply relies on evidence produced by Plaintiff after the moving papers were filed. To the extent Plaintiff believes he should have an opportunity to respond before the Court rules on this motion, counsel may request that the hearing be continued. Summary of Case Plaintiff Randolph Redmon sues his former employer and coworkers, Defendants Exemplis LLC, ...

Excerpt: ...(wrongly sued as Progressive Direct Insurance Company) and JP Morgan Chase Bank. The complaint alleges the following: On July 27, 2018, Plaintiff purchased an automobile liability policy from Defendant United that insured against loss connected to the operation of Plaintiff's Toyota Matrix. At the time he purchased this policy, Plaintiff held a valid checking/bank account with Defendant Chase. In early August 2018, Plaintiff was involved in an au...

Excerpt: ...ATIVE RULING 1. Plaintiffs Shonna Marie Carter and Garry Michael Kann's motion to continue trial is GRANTED. 1. Plaintiffs Shonna Marie Carter and Garry Michael Kann's motion for leave to file a SAC is CONTINUED to allow Plaintiffs to provide a copy of the entire proposed SAC. 1. Plaintiffs Carter and Kann's request for judicial notice in support of their opposition to Defendant Farhang's motion for leave to file a cross-complaint is GRANTED. Def...

Excerpt: ...d causes of action. Flying Colors Group's FACC fails to allege sufficient facts to constitute fraud and intentional misrepresentation claims. Yen's demurrer based on insufficiency is OVERRULED as to the fourth, fifth, sixth, and eleventh causes of action. Yen's demurrer based on uncertainty is OVERRULED. Summary of Case On December 31, 2018, Yin Yen filed this lawsuit against the following Defendants:  Auto Palace LLC  Robert Wolfenden (Wam...

Excerpt: ...s tax-exempt nonprofit status). Per section 2033.290(d), Plaintiff requests the court to impose $1,740 in sanctions against Defendant. On July 22, 2019, Defendant filed an opposition, arguing: (1) Plaintiffs failed to meet and confer in good faith; (2) Plaintiffs actively withheld information that would have resolved this dispute, i.e., Plaintiffs' motion agrees to “withdraw” three of the RFAs that Defendant took issue with; (3) Plaintiffs' m...

Excerpt: ... invest Plaintiffs' funds safely on their behalf and provide a reasonable return. Although Plaintiffs' subsequently made numerous requests for the return of their funds, Ling continuously refused. Ling diverted the money for personal use as part of a fraudulent shell game, Ponzi scheme, or related investment scam. On September 25, 2017, Plaintiffs filed the lawsuit against Ling. On January 23, 2018, Ling filed a cross-complaint against Eric Chang...

Excerpt: ... bankruptcy protection on February 22, 2002, as a result of financial difficulties caused in whole or in party by construction defect issues and sales problems. A construction defect lawsuit was filed, which included defects to the “Hilldale stair repairs.” On January 15, 2011, a settlement was reached for $1,400,000. Desmond allegedly hired Savel Defendants and Defendant Blackstone as a general contractor to make repairs after the settlement...

Excerpt: ...iolation of Song‐Beverly Act – Breach of Implied Warranty C/A 3: Violation of Song‐Beverly Act section 1793.2 C/A 4: Fraudulent Inducement – Concealment C/A 5: Fraudulent Inducement – Intentional Misrepresentation On May 29, 2019, Kia filed this demurrer and motion to strike. On June 27, 2019, Plaintiff filed oppositions. On July 3, 2019, Kia filed replies. Summary of Issues Per Code of Civil Procedure section 430.10(e), Kia demurs to P...

Excerpt: ...rietta Amos (“Plaintiff”) sues Harold Coleman Hall,Green Rock II dba Total Lending Solutions Inc., and 2nd Orchard LLC (Doe 1) (collectively “Defendants”) for claims arising from the unauthorized quitclaim sale of decedent's property located at 1217-1219 W. 60th Place, Los Angeles, CA 90044. On November 1, 2001, Leonard Amos (“Leonard”) and Henrietta Amos (“Henrietta”) acquired title to the property as joint tenants pursuant to a ...

Excerpt: ...d remain in Plaintiff until such product(s) were sold by O My Sole. Shortly after, Plaintiff commenced shipping goods to O My Sole and continued to do so until the third week of May 2018. At the end of May 2018, O My Sole breached the agreement by: (1) failing to make payments due to Plaintiff; (2) refusing to account for product that had been shipped from Plaintiff to Defendant; (3) failing and refusing to return product that had been shipped fr...

Excerpt: ...7 KIA Forte on September 20, 2016. On August 3, 2018, Plaintiff filed this action for: C/A 1: Violation of Civil Code section 1793.2(d) C/A 2: Violation of Civil Code section 1793.2(b) C/A 3: Violation of Civil Code section 1793.2(a)(3) C/A 4: Breach of Express Written Warranty C/A 5: Breach of the Implied Warranty of Merchantability On February 11, 2019, Plaintiff filed this motion to compel further responses. On June 26, 2019, Defendant filed a...

Excerpt: ...r Avenue, Playa Del Rey, California, 90293. The complaint is based on the following allegations: On February 6, 2017, the subject property sustained substantial water damage. At the time, Plaintiff had a homeowner's insurance policy through Defendant State Farm. Plaintiff presented a timely claim for the loss. After four months, Defendant only approved a total of $9,241.35 (of which only $3,198.74 was issued for dwelling repairs—the remainder w...

Excerpt: ...n July 2016, Plaintiff began working for a staffing company (nonparty Connect Staffing) and was assigned to work for Defendant Bakers in the packaging department. In October 2017, Plaintiff began receiving treatment for various orthopedic injuries. Plaintiff missed several days from work for medical treatment. In January 2018, Plaintiff severed her employment with nonparty Connect Staffing and began a new employment relationship with Defendant AS...

Excerpt: ...urity protocols and violated laws and safety regulations. Defendant Aerovironment is a defense contractor and leading manufacturer of small, weaponized unmanned aircraft systems or “drones.” In 2017, AeroVironment gained notoriety for its “Switchblade” explosive-bearing drone that is substantially smaller than most other unmanned weaponized aircrafts (it weighs approximately 5.5 pounds, with a length and width of approximately 2 feet). In...

Excerpt: ...ciences Inc., MusiCares Foundation Inc., Grammy Museum Foundation Inc., Grammy Foundation Inc. (“Defendants”) for the Recording Academy leadership's efforts to cover up misconduct and hide MusiCares' hostile and discriminatory workplace culture. The Academy's main activities include the Grammy Awards. MusiCares and the Grammy Museum are non-profit organizations established by and affiliated with the Academy. The Grammy Foundation was a non-pr...

Excerpt: ...tain is DENIED. Defendants' request for$25,025 in sanctions is DENIED. Defendants' motion to strike portions of the SAC is DENIED. Summary of Case This case involves the purchase and sale of Hyde Park Convalescent Hospital, a skilled nursing facility located at known as located at 6520 West Boulevard, Los Angeles, California. “Purchasers”  6520 West Blvd LLC (“West LLC”) purchased the real property.  Hyde Park Rehabilitation Center ...

Excerpt: ...n Freesmeier, and Sara Freesmeier sue Defendants Jean Paul Inversion, Magna Seating of America, Inc. (Doe 1), and Magna Seating, Inc. (Doe 2), and Magna International, Inc., for the car accident that resulted when Iverson collided with the Freesmeier's vehicle and injured Sophia on March 8, 2009. The FAC alleges that, while driving in lane number 1 (the left-most travel lane) on northbound I-5, north of Garfield Avenue, Defendant Iverson failed t...

Excerpt: ... Defendants are an investment advisory firms, which provides advisory and brokerage services. Defendants manage approximately 330 million dollars of assets for its clients. Defendants do their brokerage under its third-party broker-dealer DFPG Investments, Inc. (“DFPG”). From March 8, 2018 until June 2, 2018, Plaintiff was Defendants' COO, where he was responsible for the overall management and operations, i.e., overseeing accounting, personn...

Excerpt: ... and proper, when Cross-Complainant realized it needed to add its “companion corporate entity,” and the reasons why the request for amendment was not made earlier. Summary of Case On March 1, 2017, Plaintiff Prats, Inc. filed a lawsuit against Defendant Reyna Garcia dba Reyna's Bakery for breach of contract, common counts, and a mechanic's lien foreclosure related to the parties' construction contract wherein Prats would design and build a ba...

Excerpt: ...f Case Plaintiffs Connor Abbot, by and through his guardian ad litem Kathleen Kitts- Struyk, and Kathleen Kitts-Struyk, as an individual, sue Defendants Dennis Huynh Cailles, Philip Matthew Tardo Florendo, Regents of the University of California, and The Stewart and Lynda Resnick Neuropsychiatric Hospital for claims arising from Cailles and Florendo's use of inappropriate force on then 13-year-old Connor while he was a patient at the Hospital. Co...

Excerpt: ...erred to as 8516 Borson Street, Downey, California 90242. The complaint is based on the following allegations: Plaintiffs' father and mother, Pok Son Pak and Chong Suk Pak purchased the subject property around 1980. Title to the property was taken by Pok and Chong as husband and wife. In 1991, Chong passed away and title was changed to reflect Chong's death. (Exh. A [Affidavit – Death of a Joint Tenant, recorded July 20, 2000].) Pok continued t...

Excerpt: ...s for partition of real property. Plaintiff resides in Arizona. Defendant resides in Los Angeles. Plaintiff seeks the partition of real property commonly known as 1328 W. 59th Street in Los Angeles, California. On October 3, 1997, Plaintiff and Defendant purchased the property. Plaintiff paid the down payment in the amount of $15,000. There is an encumbrance with Bank of America on the property. Plaintiff requests partition of the property and to...

Excerpt: ...17, 18-month-old Landen was diagnosed him Spinal Muscular Atrophy (SMA), a rare neuromuscular genetic disease that affects the control of voluntary muscle movement. [1] On September 7, 2017, Plaintiff Landen's doctor at Children's Hospital Los Angeles, Dr. Leigh Ramos-Platt, made urgent requests for coverage of a medication called Spinraza to treat Landen's SMA. Spinraza is not a cure for SMA, but can halt or reduce the regression and atrophy of ...

Excerpt: ... driver. In September 2014, Plaintiff was involved in an accident while driving at work and suffered serious injuries. In September 2016, Plaintiff underwent surgery for his back due after work exacerbated his injuries. Plaintiff needed time off between September 2016 and February/March 2017. On January 13, 2017, Central terminated Plaintiff's employment. At the time, Plaintiff was over the age of 40. On January 30, 2017, per request, Plaintiff's...

Excerpt: ...ly explain why partition by sale is more equitable; (4) Plaintiff does not provide any explanation as to why no referee must be appointed; and (5) Plaintiff did not file summary of case. Summary of Case On December 13, 2018, Plaintiff Mayra Alejandra Silva filed this complaint for partition against Defendant Julio Rafael Salazar. The complaint alleges that Plaintiff and Defendant are co-owners, as joint tenants, of real property commonly known as...

Excerpt: ... Angeles Medical Group Inc.  Grand Medical Associates  Scott A. Beasley, M.D., Inc. (formerly dba California Neonatology Services Medical Group)  Michelle D. Henry, M.D.  Keith A. Kolber, M.D.  Roy Silver, M.D.  David N. Steinberg, M.D.  Dr. Thomas J. Cachur, D.O. On April 9, 2010, Plaintiff was born at Defendant Dignity Health Center. Five days after birth, on April 14, 2010, a CT scan of Plaintiff's head and brain was perfo...

Excerpt: ...cs, LLC  Gal Batzri  Reem Lewit  Meni Daniel  MDRC LLC (Doe 1)  Menahem Moris Daniel (Doe 2) Plaintiff was employed by Defendants from May 2015-Aug. 19, 2017 as a non-exempt salesperson. During her employment, Defendants allegedly failed to: (1) pay Plaintiff over $300,000 in commissions she earned; (2) give Plaintiff meal and rest breaks; (3) reimburse Plaintiff for over $10,000 in travel/work related expenses; and (4) issue Plain...

Excerpt: ...nvest $820,000. The complaint alleges the following: Jonathan Ling represented that he would invest their funds safely and appropriately on their behalf and provide a reasonable return. Plaintiffs made numerous requests for the return of their funds, but Ling continuously refused. Ling diverted the money for personal use as part of a fraudulent shell game, Ponzi scheme, or related investment scam. On September 25, 2017, Plaintiffs filed the lawsu...

Excerpt: ...rior Court (1987) 192 Cal.App.3d 1251, 1261.) The court intends to sign and file the proposed order which has been served and lodged with the motion. Notice of ruling and of entry of order by moving party. SUMMARY OF CASE On July 20, 2017, Plaintiffs Antonio Alvarado and Linda Alvarado initiated this toxic tort action against Defendants United States Steel Corporation, International Business Machines Corporation (“IBM”), Shasta Petroleum, Inc...

Excerpt: ...ff Ernest J. Franceschi, Jr. sues Defendant the University of Southern California for breaching its oral agreement that gave Plaintiff an irrevocable license and right to continue to renew USC football season tickets, commencing in 1986, as long as Plaintiff renewed every year and USC continued to play football in the Coliseum. The complaint alleges the following: In 1986, he contacted USC regarding the procurement of football season tickets. Pla...

Excerpt: ...oduction Resource Group (“PRG”) (collectively “Defendants”) for wrongful termination after Plaintiff took a medical leave connected to Plaintiff's diagnosis of Still's disease.. Per the complaint, Plaintiff alleges the following: Plaintiff began working for VER on July 30, 2014, in package fulfillment and was later promoted to project manager. On May 27, 2016, Plaintiff started to experience symptoms of an autoimmune disease called Still'...

Excerpt: ...CONDITION (filed 3/26/19) MP: Plaintiff Elizabeth Taylor RP: None TENTATIVE RULING Plaintiff's motions to compel are DENIED. The motions are untimely per Code of Civil Procedure section 2024.020(a). The last day for discovery motions to be heard in this action was March 18, 2019. Plaintiff's pre-trial motion for an order allowing evidence of prior and subsequent acts of sexual harassment and sexual battery by David Alkiviades is GRANTED AS PREVIO...

Excerpt: ...Plaintiffs and Defendant entered a promissory note agreement for Plaintiffs to lend Defendant $100,000 (and to allow Defendant to borrow further funds) in exchange for Defendant to ship quality produce and other sellable goods to Plaintiff's company per separate invoices (deducting 30% of the total invoice as payment to the agreement). In the event of default, Plaintiffs could terminate the agreement and demand payment of monies owed due within 7...

Excerpt: ... Sky Blue Trans, Inc. as Doe 1. On May 9, 2017, Plaintiff filed an amendment designating Defendant Nevada Interstate Trucking, Inc. as Doe 2. On December 5, 2018, Wilshire Insurance Company filed an answer in intervention on behalf of Nevada Interstate Trucking, Inc. dba Nit Trans. in response to Plaintiff's complaint. On January 2, 2019, Cross-Complainants Sky Blue Trans, Inc. and Tajender Singh filed a cross-complaint against Cross-Defendants K...

Excerpt: ...laintiffs were on their bicycles.¿ On December 13, 2017, Defendant Colin Wayne Erwin filed a cross-complaint against Plaintiff Carolina Padilla Lopez and defendants VW Credit, Inc. and Susanne Kerstin Birgitt von Den Stemmen seeking implied indemnity, contribution, and declaratory in relation to the July 17, 2015 incident. On April 19, 2019, the Court granted Defendants VW Credit, Inc.'s and Susanne Kerstin Birgitt von Den Stemmen's motion for s...

Excerpt: ...ondo seeking indemnity, apportionment of fault, and declaratory relief. On January 18, 2019, Defendant/Cross-Complainant Daniel Cuevas Elizondo filed a cross-complaint against Cross-DefendantEmerik Urban seeking indemnification and apportionment of fault. On March 4, 2019, the Court ordered trial to be continued from April 4, 2019 to August 9, 2019. In that same order, the Court did not order the discovery cutoff deadlines to follow the new trial...

Excerpt: ...s arrested Mr. Moreno. Plaintiff Teresa Moreno's Complaint alleges, inter alia, that Defendants, including Defendant Korey Reynolds, “negligently, carelessly, recklessly, wantonly, and unlawfully treated, attended, restrained, and took care of Plaintiff's son such that German, in a state of disorientation, entered the traffic lanes of the Freeway and was struck by a motor vehicle . . . and sustained fatal injuries as a result thereof.” Compla...

Excerpt: ...int to name Ahern Trust as Doe 1. On November 4, 2016, the Court dismissed Defendants Alliance Food, L.L.C. dba Coral Tree Café, Ahern Trust, and Eulalie F. Ahem from this action without prejudice. On January 23, 2018, Plaintiff amended her complaint to name Eulalie F. Ahern as Doe 2 and Thomas G. Stolpman as Doe 3. On December 10, 2018, Plaintiff served the summons and complaint on Defendant Alliance Food, L.L.C. dba Coral Tree Café, among oth...

Excerpt: ...ndants/Cross-Complainants Gaska, Inc. and GGF II LLC filed a cross-complaint against Roes 1-100 seeking express and equitable indemnity, equitable contribution, and declaratory relief. On May 4, 2018, Defendants/Cross-Complainants Gaska, Inc. and GGF II LLC filed an amendment to their cross-complaint to name ABM Industries Incorporated dba Amtech Elevator Services as Roe 1. On May 11, 2018, Plaintiff filed an amendment to her complaint to name AB...

Excerpt: ...��). The complaint alleges negligence; negligence per se; wrongful death; survival action; premises liability; negligent hiring, training, supervision, and retention; and breach of warranties of habitability, fitness for residential occupation, and violation of Civil Code section 1941.1. The complaint arises out of the death of Eric Young due to a May 19, 2015 fire. On July 9, 2017, Plaintiffs filed a First Amended Complaint to allege a violation...

Excerpt: ...On March 13, 2019, Plaintiff filed a motion to quash a deposition subpoena issued to his prior employer because Plaintiff is not pursuing a loss of earnings claim. Trial is set for June 20, 2019. PARTIES' REQUESTS Plaintiff requests that the Court quash Defendants' deposition subpoena for all documents and records from the person most qualified at Rooter Master Plumbing Services. Plaintiff also requests the Court to impose $1,350.00 in monetary s...

Excerpt: ...Civil Procedure section 2032.220, a defendant may demand one physical examination of a plaintiff who is seeking recovery for personal injuries, provided certain conditions are met. On December 7, 2018, the Court in this case granted Defendant's motion for leave to conduct an examination under section 2032.220 and ordered Plaintiff to submit to an mental examination to be conducted by neuropsychologist Charles Hinkin, Ph.D. on December 20, 2018 at...

Excerpt: ...otion was brought on the grounds that the relevant statute of limitations applies and that there are no triable issues of material fact indicating Moving Defendant breached a duty of care or caused Plaintiff's injuries. Trial is set for September 18, 2019. PARTY'S REQUEST Moving Defendant requests this court to enter summary judgment against Plaintiff pursuant to Code of Civil Procedure section 437c on the grounds that the relevant statute of lim...

Excerpt: ...ember 1, 2015. On February 28, 2019, Defendants filed a motion to compel Plaintiff to submit to a physical and mental examination due to Plaintiff's claimed traumatic brain injury. Trial is set for July 16, 2019. PARTY'S REQUESTS Defendants request the Court for an order compelling Plaintiff to submit to a mental examination before neuropsychologist Kyle Boone on March 6, 2019 and a physical examination <001500130014001c001100 030003> LEGAL STAND...

Excerpt: .... On February 28, 2019, Plaintiff filed a motion to quash a deposition subpoena issued to his prior employer because Plaintiff is not pursuing a loss of earnings claim. Trial is set for June 20, 2019. PARTIES' REQUESTS Plaintiff requests that the Court quash Defendants' deposition subpoena for all documents and records from the custodian of records at Rooter Master Plumbing Services. Plaintiff also requests the Court to impose $2,100.00 in moneta...

Excerpt: ... Plaintiff amended her complaint again to allege additional statutory violations under her negligence per se cause of action and to allege negligent entrustment. On April 5, 2019, Defendants Sergio Garcia and Manuela T. Garcia (“Moving Defendants”) filed a motion to strike punitive damages and attorney's fees from Plaintiff's First Amended Complaint (“FAC”) filed on February 19, 2019. Trial is set for February 3, 2020. PARTIES' REQUESTS M...

Excerpt: ...ntiff's memorandum of costs be withdrawn and (2) Defendant's motion to strike or, alternatively, tax costs be taken off calendar as moot. The court is inclined to so order. Plaintiff's motion for attorney fees under Civil Code section 1717 is DENIED. Plaintiff fails to establish entitlement to attorney fees under the residential purchase agreement that is limited to the prevailing party in an action between the “Buyer and Seller”—not in an ...

Excerpt: ...alth System/West Inc., dba Adventist Health (“AH”), and Does 1-100 (collectively “Defendants”), alleging the following causes of action against all Defendants for: C/A 1: Negligence C/A 2: Elder Abuse C/A 3: Elder Abuse Per Se Plaintiff alleges that he is an elder and was over the age of 65 at all relevant times. Plaintiff alleges that, on July 27, 2016, he sought treatment from the emergency room of GAMC for severe weakness in his legs a...

Excerpt: ...ion 2032.220, a defendant may demand one physical examination of a plaintiff who is seeking recovery for personal injuries, provided certain conditions are met. On December 7, 2018, the Court in this case granted Defendant's motion for leave to conduct an examination under section 2032.220 and ordered Plaintiff to submit to an mental examination to be conducted by neuropsychologist Charles Hinkin, Ph.D. on December 20, 2018 at 9:00 a.m. Prior to ...

Excerpt: ...nt fails to plead sufficient facts to state a cause of action for negligence, (2) the negligence cause of action is uncertain, and (3) the premises liability cause of action is duplicative of the negligence cause of action. Trial is set for August 6, 2020. PARTY'S REQUEST Defendant requests that the Court sustain its demurrer to Plaintiff's complaint because it fails to state facts sufficient to constitute a cause of action for negligence, the ne...

Excerpt: ...ndants filed a motion to reclassify this action from an unlimited jurisdiction matter to a limited jurisdiction matter due to special damages amounting to $6,775.00. Trial is set for June 6, 2019. PARTIES REQUEST Defendants requests the court for an order reclassifying the complaint filed by Plaintiff as a limited jurisdiction matter pursuant to California Code of Civil Procedure section 403.040. LEGAL STANDARD Actions in which the amount in cont...

Excerpt: ...n May 12, 2017. On April 2, 2019, Defendants filed a motion for an order requiring Plaintiff Coshan Miles to file an undertaking to secure an award of costs, which may be awarded to Defendants. Trial is set for August 8, 2019.¿ PARTIES' REQUEST Defendants ask the Court for an order requiring Plaintiff Coshan Miles to file an undertaking in the amount of $9,708.34 pursuant to California Code of Civil Procedure section 1030. LEGAL STANDARD Under C...

Excerpt: ...torey, Dorian Shepherd, and City of Los Angeles alleging motor vehicle and general negligence for an automobile collision that occurred on January 24, 2018. Trial is set for July 10, 2020. PARTY'S REQUEST Plaintiff requests leave to file a complaint against the City of Los Angeles pursuant to Government Code section 946.6. LEGAL STANDARD Before a suit for damages may be filed against a public entity, a claimant must present a timely written claim...

Excerpt: ...on to compel arbitration pursuant to an agreement entered into between Plaintiff and Defendant on February 1, 2012. Trial is set for April 2, 2020. PARTY'S REQUESTS Defendant requests this Court to compel Plaintiff to engage in arbitration pursuant to an agreement between the parties that had been entered into on February 1, 2012. LEGAL STANDARD California Code of Civil Procedure section 1281.2 permits a party to file a petition and motion to req...

Excerpt: ...amended her complaint to name S & N Construction, Inc. as Doe 1. On March 6, 2019, S & N Construction, Inc. (“Moving Defendant”) filed a motion for leave to file a cross-complaint against Room and Board, Inc., based, inter alia, on the allegation that it custom-built the cabinet that fell on Plaintiff. This motion is based on the discovery of new information that Moving Defendant argues gives rise to causes of action it has against Room and B...

Excerpt: ...l incident that occurred on December 23, 2016. <0003004400030047004800 00560056004800550057>ing that the complaint is untimely because it was filed after the expiration of the applicable two-year statute of limitations. In opposing the demurrer, Plaintiff contended that she timely submitted her complaint for e-filing on December 20, 2018, but was notified after two-year period had run that the Clerk rejected her complaint because of technical def...

Excerpt: ...onsolidation of these cases was ever ordered, as discussed in the ruling issued concurrently herewith in BC701776. Trial is set for October 15, 2019. PARTY'S REQUEST Defendant requests the court for an order imposing a terminating sanction against Plaintiff for willfully disobeying a November 20, 2018 court order compelling Plaintiff to serve verified responses, without objections, to: (1) Defendant's Form Interrogatories (Set One), (2) Special I...

Excerpt: ...arbara, Inc. as Doe 1. Trial is set for July 15, 2019. PARTY'S REQUESTS Defendant Cancer Support Community Valley/Ventura/Santa Barbara, Inc. (“Moving Defendant”) requests the court for an order continuing: (1) the trial date to January 13, 2020; and (2) all discovery and motion deadlines to correspond to the January 13, 2020 trial date. LEGAL STANDARD Pursuant to California Rules of Court, rule 3.1332, subdivision (a), “[t]o ensure the pro...

Excerpt: ... infliction of emotional distress arising from plaintiff Xzander Alain Barboza falling off of bleachers on April 19, 2015. On February 20, 2019, the court continued the hearing on petitioner Adelina Delgado's Petition to Confirm Minor's Compromise due to: (1) the declaration from counsel failing justifying 33% in attorney's fees and (2) the failure to correctly fill out paragraph 11 of the petition. On April 16, 2019, the court continued the hear...

Excerpt: ...ants request the court for an order continuing: (1) the trial date to March 9, 2020; (2) the final status conference to February 28, 2020; and (3) all discovery and motion cut-off dates to follow the new trial date. LEGAL STANDARD Pursuant to California Rules of Court, rule 3.1332, subdivision (a), “[t]o ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set ...

Excerpt: ..., general negligence, and negligence per se for a rear-end automobile collision that occurred on July 30, 2016. Trial is set for January 30, 2020. PARTY'S REQUESTS Plaintiff requests the court for an order compelling defendant Lilia Valdez to provide verified responses, without objections, to Plaintiff's: (1) Form Interrogatories, (2) Special Interrogatories, and (3) Request for Production of Documents (All Set One). Plaintiff also requests the c...

Excerpt: ...rt for an order imposing a terminating sanction against Defendant for willfully disobeying a December 24, 2018 court order compelling Defendant to: (1) serve verified responses, without objections, to Plaintiff's Form Interrogatories (Set One) to Plaintiff within twenty days of that order and (2) pay Plaintiff $1,060.00 in monetary sanctions within thirty days of that order. Plaintiff also requests $1,155.65 in monetary sanctions against Defendan...

Excerpt: ...ed additional facts under Defendant's general negligence cause of action. Trial is set for September 25, 2019. PARTY'S REQUEST Defendant requests this court to strike punitive damages from Plaintiff's first amended complaint (“FAC”). LEGAL STANDARD Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Code of Civ. Proc. § 435, subd. (b)(1); Cal. Rules of Co...

Excerpt: .... (“Opposing Defendant”) filed an answer to Plaintiff's complaint through the Law Offices of Bassett, Discoe, McMains & Kargozar. On October 10, 2017, Opposing Defendant filed a second answer to Plaintiff's complaint through the Law Office of Steven D. Levine. On March 21, 2018, the Law Office of Steven D. Levine filed a notice of errata stating it erroneously stated it represented Opposing Defendant. On March 28, 2018, the Defendants stipula...

Excerpt: ...sion that occurred on January 3, 2017. Trial is set for July 2, 2020. PARTY'S REQUEST Defendants Rasier, LLC, Rasier-CA, LLC, and Rasier-PA, LLC (“Demurring Defendants”) request the court to sustain their demurrer to Plaintiff's complaint because it fails to plead sufficient facts to state causes of action for vehicular negligence and negligence per se. Demurring Defendants also request the court to sustain its demurrer to Plaintiff's causes ...

Excerpt: ..., negligent entrustment, negligent hiring, negligent undertaking, negligent retention, negligent supervision, negligent training, and negligence per se for an automobile collision that occurred on April 22, 2016. Trial is set for October 21, 2019. PARTY'S REQUEST Defendant Enterprise Rent-A-Car Company of Los Angeles, LLC (erroneously sued as Enterprise Rent-A-Car and Enterprise) (“Demurring Defendant”) requests the court to sustain its demur...

Excerpt: ..., general negligence, and negligence per se for a rear-end automobile collision that occurred on July 30, 2016. Trial is set for January 30, 2020. PARTY'S REQUESTS Plaintiff requests the court for an order compelling defendant Rafael Valdez to provide verified responses, without objections, to Plaintiff's: (1) Form Interrogatories, (2) Special Interrogatories, and (3) Request for Production of Documents (All Set One). Plaintiff also requests the ...

Excerpt: ...ssions (Set One) propounded to Defendants as admitted. Trial is set for May 10, 2019 PARTY'S REQUEST Defendants request that this Court set aside a May 22, 2018 order deeming the matters in Plaintiff's Request for Admissions (Set One) propounded to Defendants as admitted pursuant to California Code of Civil Procedure section 473, subdivision (b). LEGAL STANDARD California Code of Civil Procedure section 473, subdivision (b) states: “The court m...

Excerpt: ... a curb in front of the properties located at 5222 Bellingham Ave., Valley Village, CA and 5230 Bellingham Ave., Valley Village, CA. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal. App. 4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1216, 1228.) In a demu...

Excerpt: ...er to Plaintiff's complaint because it fails to state facts sufficient to constitute a cause of action due to the expiration of the relevant statute of limitations. LEGAL STANDARD Meet and Confer Before filing a demurrer, the demurring party is required to meet and confer with the party who filed the pleading demurred to for the purposes of determining whether an agreement can be reached through a filing of an amended pleading that would resolve ...

Excerpt: ...for negligence arising out of a motor vehicle accident. Trial is set for July 31, 2019. On December 4, 2018, the Court granted Defendant's motions to compel responses. Defendant requests that the Court impose a terminating sanction against Plaintiffs for Plaintiffs' failure to comply with the court's order dated December 4, 2018. Defendant also requests additional monetary sanctions in the amount of $1,800.00. If a party fails to comply with a co...

Excerpt: ...cal malpractice. Defendant Clifford T. Wang, M.D. (“Defendant” or “Dr. Wang”) requests that the court enter summary judgment in his favor and against Plaintiff pursuant to CCP section 437c on the ground that no triable issues of material fact exist and Defendant is therefore entitled to judgment as a matter of law. The elements of medical malpractice are: “(1) the duty of the professional to use such skill, prudence, and diligence as ot...

Excerpt: ...g machine and flooded Plaintiff's unit, damaging the real property and Plaintiff's personal property. As a result of the flood, the condominium became uninhabitable and Plaintiff had to temporarily relocate. On March 13, 2019, Defendant filed the instant motion. Plaintiff filed an opposition brief on March 19, 2019. Defendant filed a reply brief on April 3, 2019, which is beyond the time required under CCP § 1005; consequently the court will not...