Excerpt: ... or that a specialist might be needed; additionally, she alleges the surgery was negligently performed. Plaintiff's operative First Amended Complaint, filed on 2/08/22, includes two causes of action for professional negligence against Moving Defendant. 2. Motion for Summary Judgment a. Basis for Motion Defendant, Dr. Claire Sakae moves for summary judgment on the complaint, contending the care and treatment of Plaintiff complied with the standard...

Excerpt: ...ntiffs obtained a loan secured by a deed of trust from Defendant, and while the parties were communicating in an attempt to modify the loan, First American, the trustee on the deed, recorded a Notice of Default and Election to Sell. Plaintiff alleges Wells Fargo made numerous representations that the loan modification request was being considered and that the sale had been suspended, but the sale went forward in the course of these discussions an...

Excerpt: ...pled against Moving Defendants, Drs. Okuyemi and Milone. 2. Motion for Summary Judgment a. Standard on Summary Judgment Summary judgment is proper “if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Code Civ. Proc. §437c(c).) Where a defendant seeks summary judgment or adjudication, he must show that either “one or more elements of ...

Excerpt: ...ithout Plaintiff's permission. 2. Initial Note Plaintiff, on his civil case cover sheet, checked the box for “other petition” instead of “other complaint.” This resulted in the case receiving an LBCP case number instead of an LBCV case number. Petitions are set for summary hearings, whereas complaints are set for trial. The Court asks Counsel to ensure the correct box is checked in the future, as having the case designated a “petition�...

Excerpt: ...ubbish, electrical wiring not up to code, filth, intentional interference with estate, lack of hot water, leaking plumbing, and general non-maintenance. 2. Demurrer a. Initial Note Defendants filed demurrers to the complaint. Each defendant filed a separate demurrer. Each defendant demurs to the second and third causes of action in the complaint. Because the demurrers are substantially the same, the Court will rule on them together. b. Notice The...

Excerpt: ...1 and 2. On 2/03/23, Plaintiff filed ex parte applications to serve does 1 and 2. On 2/06/23, Plaintiff filed additional certificates of merit, under seal, for does 1 and 2. On 2/06/23, the Court granted the ex parte application to serve the doe defendants. On 5/05/23, Plaintiff filed proof of service on doe 1, which was named as LAUSD. On 6/16/23, LAUSD responded to the complaint by way of demurrer, which is scheduled for hearing today. 2. Demur...

Excerpt: ...e subject chassis was not equipped to handle this type of cargo, and DCLI, the owner of the chassis, failed to warn the necessary persons and entities that the chassis should not be loaded with this type of cargo. Plaintiff has added additional doe defendants to the action, including Moving Defendant, Taihan Electric USA, Ltd. Details concerning Taihan's involvement in the incident will be discussed below. 2. Motion for Summary Judgment a. Standa...

Excerpt: ...usations. Plaintiff's operative complaint is her First Amended Complaint, which she filed on 6/13/22. On 9/13/22, HOA filed a cross-complaint, against Hitchens, Robinson, McCoey, Portley, and Lakhdar for equitable indemnity, contribution, and declaratory relief, essentially seeking a ruling that, to the extent it is liable on either the complaint or the cross-complaint, these individuals were the true cause of the harm suffered. On 1/17/23, the c...

Excerpt: ...ervision, and retention and (2) negligent supervision of a minor against all defendants. Plaintiff is alleging a cause of action for negligence against Does 3 through 60. 2. Judicial Notice Defendant Doe 2 (“Doe 2”) requests the Court to take judicial notice of Plaintiff's original Complaint as Plaintiff omitted details of his assault in the First Amended Complaint (“FAC”), that were present in the Original Complaint. RJM, pp. 3. If a par...

Excerpt: ...Beach, CA 90813 without his knowledge or understanding of the changed terms. The Complaint alleges a cause of action for financial elder abuse. 2. Demurrer a. Legal Standard As a general matter, in a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleading alone, and not the evidence or facts alleg...

Excerpt: ...he Court, on 8/11/22, issued an order scheduling the parties' various motions, including the motion to compel arbitration and demurrer on calendar today. The pleadings in the case have a long and complicated history, which has culminated in the filing of a Second Amended Complaint on 3/30/23. The SAC includes causes of action for medical negligence, medical battery, various iterations of fraud, and IIED. 2. Motion for Leave to Amend a. Relevant P...

Excerpt: ...t. 2. Motion for Change of Venue a. Parties' Positions Numerous defendants move to change venue to Merced County. They contend that, first and foremost, venue is not proper in Los Angeles County because the only defendant who resides in LA County is Aldama, and she bears no fault in the accident. Alternatively, they contend convenience of witnesses and ends of justice will be served by having the action transferred to Merced County, because the a...

Excerpt: ...subject chassis was not equipped to handle this type of cargo, and DCLI, the owner of the chassis, failed to warn the necessary persons and entities that the chassis should not be loaded with this type of cargo. Plaintiff has added additional doe defendants to the action. Throughout this ruling, Moving Defendant Direct Chassislink, Inc. will be referred to as “Defendant” or “DCLI.” 2. Motion for Summary Judgment a. Standard on Summary Jud...

Excerpt: ...f is moving to compel further responses to 55 out of the 64 RPDs served. The Court will consider and rule on the objections asserted by Defendant in its reply. b. Verifications Plaintiff, in moving papers, contends Defendant has failed to serve verified responses. Defendant, in opposition, contends it served verifications. Plaintiff does not address this argument in reply. The Court presumes the responses are verified and this issue is moot. c. M...

Excerpt: ...the notice of deposition on numerous grounds, and the parties were unable to resolve their dispute. Plaintiff now moves to compel the deposition. b. Initial Note re: Documents Plaintiff's notice of deposition seeks production of documents. In opposition to the motion, Defendant argues various documents should not be produced. On 8/10/23, the Court granted Plaintiff's motion to compel further responses to RPDs, and overruled all of Defendant's obj...

Excerpt: ...he Court heard Defendants' demurrer to Plaintiff's First Amended Complaint, which he filed on 12/28/21. The FAC included causes of action for: · Wrongful Demotion in Violation of FEHA; · Discrimination on the Basis of Race – FEHA; · Harassment – FEHA; · Retaliation – FEHA; · Failure to Investigate – FEHA; · Failure to Prevent – FEHA. The Court issued a detailed ruling sustaining the demurrer with leave to amend. On 8/01/22, Plaint...

Excerpt: ...tive process. The operative complaint is the First Amended Complaint, which Plaintiff filed on 5/12/23. The crux of the FAC is that Plaintiff had been working for LAUSD as a teacher's assistant and early education aide since 1999, and that at the time of her termination, she was 59 years old and had high blood pressure. Plaintiff alleges she was wrongfully terminated when she was mere months away from retirement. Specifically, Plaintiff alleges s...

Excerpt: ... and to recover sanctions. The motion to compel is granted. CCP §2025.450(a) requires the Court to grant a motion to compel deposition unless the deponent has served a valid objection to the notice of deposition. Plaintiff did not object to the notice of deposition, but did not appear. Of note, any opposition to the motion was due on or before 8/09/23. The Court has not received opposition to the motion. Plaintiff is ordered to appear for deposi...

Excerpt: ...n 6/08/23, Plaintiffs attempted to file a Second Amended Complaint, but the filing was rejected due to Plaintiffs' failure to file a noticed motion. 2. Motion for Leave to File SAC a. Relief Sought Plaintiffs seek leave to add a prayer for damages under the CLRA. b. Standard for Granting Leave to Amend The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading. (CCP §§473 and 576.) Judicial...

Excerpt: ...ground Facts Plaintiff, MOC Products Company, Inc. filed this action against Defendants, Hooman Automotive Group and Hooman Michael Nissani for breach of contract and related claims arising out of Defendants' alleged breach of an exclusive distribution contract. Plaintiff filed the complaint on 9/10/19. The complaint includes causes of action for breach of contract, quantum meruit, account stated, and open book account. Plaintiff has added numero...

Excerpt: ...Demurrer The sole issue presented on demurrer is whether Plaintiff has pled sufficient facts in his FAC to state a claim against the individual defendant, Jonathan David Myers, on an alter ego theory. Defendant argues Plaintiff has not done so, both because Plaintiff has not pled the elements showing unity of interest, and also because Plaintiff has not pled facts showing an inequitable result in the event the corporate veil is not pierced. b. Un...

Excerpt: ...arged with taking the shipment to Kansas City. However, the rig carrying the batteries was involved in a single vehicle accident, resulting in the vehicle over-turning and damaging the batteries. Plaintiff alleges it suffered loss in the amount of $620,199.27, as it had to pay its insured for the damage to its goods. On 5/06/21, the Court heard and denied Defendant's special motion to strike. Defendant appealed the ruling, and the Court of Appeal...

Excerpt: ...ntiff has added numerous defendants as doe defendants in the action, including R&H Automotive Group, Inc., HTL Automotive, Inc., and HTL Automotive, Inc. 2. Motion to Compel Deposition On 5/18/23, the Court heard and granted Plaintiff's motion to compel the depositions of Defendants' PMKs. The Court also imposed monetary sanctions. The Court detailed the long history of the deposition dispute, and fully analyzed the parties' positions concerning ...

Excerpt: ...endant filed the same day. Defendant's cross-complaint is against Shoreline for breach of contract and seeks past-due rent. On 7/14/22, Defendant filed an FACC against Shoreline, Collin Mitzenmacher, and Mark Mitzenmacher, which adds a claim for breach of personal guarantee of the lease obligations against the two individual defendants. 2. Motion for Summary Judgment a. Burdens on Summary Judgment Summary judgment is proper “if all the papers s...

Excerpt: ...posing party's pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. Blank v. Kirwan 39 Cal.3d 31...

Excerpt: ...aintiff alleges Vincent, prior to working at Paramount, worked at Glacial Garden, which was owned by White. Plaintiff alleges Glacial Garden fired Vincent when a staff member caught him in a dark locked room with a minor skater, a small boy, hiding under a bench with Vincent sitting over him. The staff member had witnessed other boundary violating behaviors by Vincent. After Glacial Garden fired Vincent, he applied with Paramount; Paramount vette...

Excerpt: ...argomatic pursuant to a written agreement. Cargomatic made the first two payments per the contract, then ceased making payments and indicated an intention not to make further payments. The crux of the complaint against CU and Norton is that they were customers of Cargomatic, and they were the ones who insisted Cargomatic enter into the agreement. Soon after Cargomatic entered into the contract, CU and Norton realized they did not need Cargomatic'...

Excerpt: ...se manager, Keely Coleman, obtained housing for Plaintiff at a Motel 6 managed by Defendant, Mario Cordova. Plaintiffs allege Gregory Brown was another resident at the motel, and that he murdered Decedent on the premises. Plaintiff alleges Demurring Defendant, County of Los Angeles, owned, managed, regulated, and operated LAHSA, DHS, and Star Clinic, and also owns, manages, and maintains the property where the assault occurred. Additional details...

Excerpt: ... action. The declaratory relief causes of action seek declarations that (a) Plaintiff did not have to pay rent to Defendant, at all, during the time it was not allowed to operate under Covid regulations, and (b) Plaintiff only has to pay proportionate rent to Defendant during the time Plaintiff was subject to maximum occupancy regulations due to Covid. Plaintiff also seeks a return of monies it paid prior to determining it did not need to pay mon...

Excerpt: .... On 1/23/23, Defendant served responses. The parties attempted to meet and confer, but the parties were unable to resolve their issues. Plaintiff is seeking documents relating to GM's internal investigation and analysis of the powertrain and brake defects plaguing Plaintiff's vehicle and establishing that Defendant previously knew of such defects but nevertheless refused to repurchase the vehicle. c. Evidentiary Objections Plaintiff submitted ob...

Excerpt: ... and Marlene Canas, Husband and Wife as Joint Tenants.” Subsequently, in 2005, a grant deed was recorded that transfers Plaintiff's interest in the subject property entirely to Defendant; Plaintiff contends the signature on the deed is a forgery, and she only discovered the forgery this year. Evelyn Marie Canas is John Canas's current spouse, and Bank of America holds the mortgage on the subject property. 2. Demurrer a. Legal Standard on Demurr...

Excerpt: ...er, waste, breach of contract, and financial elder abuse. Plaintiff alleges he and White are co- owners of the subject property, and White has committed waste and other acts on the property, such that it needs to be partitioned. One of the issues posed by way of the complaint is whether Defendant has improperly made a claim for 100% of insurance proceeds per a claim on the property, when in reality the parties are entitled to split those proceeds...

Excerpt: ... On 2/17/23, Defendant served responses. The parties attempted to meet and confer, but the parties were unable to resolve their issues. Plaintiff is seeking the following general categories of documents: (1) those relating to GM's internal investigation and analysis of the powertrain and electrical defects plaguing Plaintiff's vehicle and establishing that Defendant previously knew of such defects but nevertheless refused to repurchase the vehicl...

Excerpt: ...laims. LBUSD contends the cross-complaint is compulsory and the motion is timely made, such that leave should be granted. Flores opposes the motion. He argues the proposed cross-complaint is time- barred, LBUSD lacks standing to bring the cross-complaint, and he will be prejudiced if the motion is granted because trial is only four months away. b. Timeliness of Motion Defendant filed its answer on 10/21/22. It contends it attempted to file its cr...

Excerpt: ... On 7/28/23, at Plaintiff's request, the Court advanced the hearing date and rescheduled the motion for hearing on 8/03/23. At the same time, the Court specially set a hearing on Defendant's demurrer, and ordered Defendant to file a demurrer by 7/31/23. 2. Motion to Strike Defendant moves to strike the entire complaint, contending Plaintiff improperly had her attorney verify her complaint instead of verifying it herself. The parties discuss the r...

Excerpt: ... projects were complete. Plaintiff alleges Defendants completed and sold the projects, but made no payments to Plaintiff. 2. Cross‐Complaints DDSW and Thompson filed a cross-complaint against Sazegar, and Sazegar filed a cross- complaint against DDSW and Thompson. DDWS and Thompson, on the one hand, and Sazegar, on the other hand, settled their cross-claims, and the settlement included a provision obligation Sazegar to pay Thompson/DDSW's attor...

Excerpt: ...ng was continued several times, and on 6/02/23, Plaintiff filed a First Amended Complaint. The FAC includes the original forcible detainer causes of action, but also contains causes of action for breach of contract, promissory estoppel, interference with economic relations and contractual relations, conversion, and declaratory relief. Prior to the hearing on the continued demurrer, the Court issued a tentative ruling indicating it was inclined to...

Excerpt: ... a first cause of action as "negligence against all defendants," then lists "first cause of action – continued negligence per se allegations,” then a second cause of action for general negligence, and a third cause of action for negligent hiring, training, supervision, and retention. 2. Demurrer a. Legal Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, rega...

Excerpt: ...ard and granted Defendant's motion for attorneys' fees. The Court ordered Plaintiff to pay $13,790 in attorneys' fees to Defendant. 3. Motions to Compel a. Initial Note Plaintiff has, at all times in this action, been represented by James McCone at the Law Offices of Vincent Real. Plaintiff has not, either prior to or subsequent to entry of judgment, filed any substitution of attorney. Defense Counsel declares he served the subject discovery on P...

Excerpt: ... moving papers. The Court cannot, therefore, meaningfully consider the subpoena in ruling on the motion. Additionally, CRC 3.1345(a)(5) requires a separate statement with a motion to quash, which allows the Court to meaningfully evaluate each category of documents sought and make a determination as to whether the documents are the proper subject of discovery. Review of the parties' papers reveals that the subpoena at issue was propounded on Movin...

Excerpt: ...at Defendants are agreeing to permit Plaintiffs to file an SAC, but that they reserve the right to attack the pleading on any and all available grounds. 2. 6/01/23 Ruling on Demurrer On 6/01/23, the Court ruled on Defendants' demurrer to the complaint. The Court incorporates its 6/01/23 ruling into this order by reference. 3. Motion for Reconsideration a. Parties' Positions Plaintiffs move for reconsideration of the Court's 6/01/23 ruling. Plaint...

Excerpt: ...njunction a. Procedural History of Motion On 5/24/23, Plaintiff filed a motion for preliminary injunction, emergency injunctive relief, and restraining/protective order, setting it for hearing on 9/14/23. On 6/21/23, the Court granted Plaintiff's ex parte application to advance the hearing on the motion, and rescheduled the hearing for 7/27/23. The Court indicated Plaintiff could not combine motions, and limited Plaintiff to hearing on a motion f...

Excerpt: ...JX Companies, Inc., and Marshalls of CA, LLC erroneously sued as Marshall's Department Stores of California, Inc. (“Marshalls”) for injuries Plaintiff sustained after slipping and falling on a allegedly unsafe flooring. At this time, Marshalls moves for terminating sanctions and/or monetary sanctions in the amount of $1,522.50 against Plaintiff for failure to comply with the Court's March 14, 2023 order compelling responses to Marshall's set ...

Excerpt: ...1-50 for damages arising out of a trip and fall on the sidewalk on November 6, 2020. The complaint alleges causes of action for (1) negligence against Does 1-15, (2) premises liability against Does 16-30, and (3) dangerous condition of public property under Gov. Code section 835, et seq. against the City of Whittier and Does 31 through 50. As against the City of Whitter (“Defendant”), Plaintiff alleges the height differential caused by the di...

Excerpt: ...ndants Wendel A. Swisher (“Swisher”), Enterprise Rent-A-Car Company of Los Angeles, LLC (“Enterprise”), Liberty Mutual Fire Insurance Company (“Liberty Mutual”) (collectively, “Defendant”) for damages relating to a motor vehicle accident that occurred on July 2, 2020. The complaint alleges one cause of action for negligence against Swisher and Enterprise, and two causes of action for declaratory relief and breach of contract again...

Excerpt: ...ed to the notice of deposition on various grounds, and the parties were unable to resolve their dispute. Plaintiff now moves to compel the deposition. b. Initial Note re: Documents Plaintiff's notice of deposition seeks production of documents. In opposition to the motion, Defendant argues various documents should not be produced. In reply, Plaintiff indicates the Court granted his motion to compel further responses to RPDs on 3/09/23, and he is ...

Excerpt: ...unction of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. Blank v. Kirwan 39 Cal.3d 311 (1985). No other extrinsic evidence ca...

Excerpt: ...ose. On 10/20/22, Plaintiff dismissed El Galleon from the complaint, leaving the case pending against the other two defendants. On 1/17/23, the remaining defendants filed an answer to the complaint. The answer includes a general denial and 36 affirmative defenses. 2. Demurrer to Answer Plaintiff demurs to the answer, contending affirmative defense fail to state a defense and the 16 th and 30 th defenses are uncertain. a. Law Regarding Answers A v...

Excerpt: ...ction for wrongful eviction and violation of the Covid-19 moratorium. 2. Motion to Compel Arbitration a. Relief Sought Regus Management Group, LLC (“Regus”) moves to compel arbitration. It contends Plaintiff and it entered into a binding arbitration agreement, and the agreement governs all claims set forth in this action. It seeks a written statement of decision in the event the Court denies the motion. b. Analysis Defendant supports its moti...

Excerpt: ...r could retain a life estate in the property. Plaintiff filed her complaint on July 22, 2022, and the case is set for trial on July 31, 2023. The instant Motion for Discovery into Financial Condition Pursuant to CCP § 3295(c), (hereinafter, “Motion”) was filed on May 3, 2023. Defendant filed Opposition Papers on July 7, 2023. Plaintiff filed Reply Papers on July 13, 2023. 2. Motion For Discovery Into Financial Condition Pursuant to CCP § 32...