Excerpt: ...ry duties of loyalty and good faith, usurped corporate assets and opportunities, and interfered with Plaintiffs' prospective economic advantage by engaging in a persistent pattern and practice of favoring his own interests over those of Plaintiff. Plaintiff claims Defendant Hamrell mischaracterized income received from Plaintiff to himself of approximately $1 million as “loans” on the corporate books and records of Plaintiff and failed to dec...

Excerpt: ...efendant's store. Now, Defendant moves for summary judgment, which Plaintiff opposes. The motion is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor...

Excerpt: ...tor vehicle collision. Now, Defendant moves for summary adjudication, arguing that there is insufficient evidence that he negligently entrusted the vehicle to Mirna Miguel. Plaintiffs oppose the motion, which is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of materi...

Excerpt: ...roperty Specialist Group Inc. (“Defendant” or “PSG”), PSG's agent (Sean Cohen), and Allstate Realty Group Inc., in which Plaintiff was to transfer ownership of the subject property to PSG. Plaintiff claims this was due to his experiencing financial hardship and subsequently beginning to fall into arrears on his loan on the subject property. However, the lease agreement failed to set forth clear terms as to what, if anything, PSG would do ...

Excerpt: ...walk outside Defendant's building. Defendant moves for summary judgment, arguing that it does not own the sidewalk and did not create the sidewalk defects at issue. Plaintiff opposes the motion, which is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of material fact i...

Excerpt: ...tative or whether they are requesting a hearing. If any party requests a hearing, one will be scheduled. If the parties do not email the Court's clerk before the hearing time to request a hearing, they will waive the right to be heard and shall submit to this tentative order, which shall issue. TENTATIVE ORDER BACKGROUND Plaintiffs Tracy Duronslet and Robert Almeida (“Plaintiffs”) filed this action against Defendant Eden Marketing Corp. Resta...

Excerpt: ...y are requesting a hearing. If any party requests a hearing, one will be scheduled. If the parties do not email the Court's clerk before the hearing time to request a hearing, they will waive the right to be heard and shall submit to this tentative order, which shall issue. NOTICE Judge Goorvitch was sworn-in as a Superior Court Judge on December 15, 2015. Prior to that time, Judge Goorvitch made the following campaign contributions to Michael N....

Excerpt: ...bmitting on the Court's tentative or whether they are requesting a hearing. If any party requests a hearing, one will be scheduled. If the parties do not email the Court's clerk before the hearing time to request a hearing, they will waive the right to be heard and shall submit to this tentative order, which shall issue. TENTATIVE ORDER BACKGROUND Plaintiffs Vaagn Karakhanyan and Karine Gyulvazaryan (“Plaintiffs”) filed this action following ...

Excerpt: ...hether they are requesting a hearing. If any party requests a hearing, one will be scheduled. If the parties do not email the Court's clerk before the hearing time to request a hearing, they will waive the right to be heard and shall submit to this tentative order, which shall issue. TENTATIVE ORDER Plaintiff Sudha Chinta (“Plaintiff”) filed this action against Defendant Micro Art, Inc. (“Defendant”), alleging that she sustained injuries ...

Excerpt: ...Court's tentative or whether they are requesting a hearing. If any party requests a hearing, one will be scheduled. If the parties do not email the Court's clerk before the hearing time to request a hearing, they will waive the right to be heard and shall submit to this tentative order, which shall issue. TENTATIVE ORDER BACKGROUND Plaintiff Richardo Bayawa Marcelo Jr. (“Plaintiff”) filed this action following a motor vehicle collision with D...

Excerpt: ...tive or whether they are requesting a hearing. If any party requests a hearing, one will be scheduled. If the parties do not email the Court's clerk before the hearing time to request a hearing, they will waive the right to be heard and shall submit to this tentative order, which shall issue. TENTATIVE ORDER BACKGROUND Plaintiff Shantia Bryant (“Plaintiff”) filed this action following a motor vehicle collision with Samuel Dale Reed, Jr., who ...

Excerpt: ...s tentative or whether they are requesting a hearing. If any party requests a hearing, one will be scheduled. If the parties do not email the Court's clerk before the hearing time to request a hearing, they will waive the right to be heard and shall submit to this tentative order, which shall issue. TENTATIVE ORDER BACKGROUND Plaintiffs James Savits and Diane Baron-Savits (collectively, “Plaintiffs”) filed this action against Oscar Humberto S...

Excerpt: ...itting on the Court's tentative or whether they are requesting a hearing. If any party requests a hearing, one will be scheduled. If the parties do not email the Court's clerk before the hearing time to request a hearing, they will waive the right to be heard and shall submit to this tentative order, which shall issue. TENTATIVE ORDER Plaintiff Garrett Rifkin (“Plaintiff”) filed this action against Defendant City of West Hollywood (“Defenda...

Excerpt: ...ey are requesting a hearing. If any party requests a hearing, one will be scheduled. If the parties do not email the Court's clerk before the hearing time to request a hearing, they will waive the right to be heard and shall submit to this tentative order, which shall issue. TENTATIVE ORDER BACKGROUND Plaintiffs Merilee Sandy, Steven Sandy, and James Robinson (“Plaintiff”) filed this action following a motor vehicle collision with Defendant C...

Excerpt: ...lacourt.org on or before Thursday, December 17, 2020, at 8:30 a.m., to inform the clerk whether they are submitting on the Court's tentative or whether they are requesting a hearing. If any parties requests a hearing, the Court shall hold one as scheduled on December 18, 2020, at 1:30 p.m. If no party requests a hearing, the Court does not intend to hold a hearing and will issue this order on the motion. The Court's clerk shall provide notice via...

Excerpt: ...heir settlement with Plaintiff Monica Elena Aleman (“Plaintiff”) was made in good faith. Defendants Guadalupe Barajas and Manuela Mercado (collectively, the “Objecting Defendants”) oppose the motion. In Tech‐Bilt, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488, the court set forth the factors to consider when determining whether a settlement is made in good faith. The Tech‐ Bilt factors are: (1) a rough approximation of pl...

Excerpt: ...not know Los Angeles County Sheriff's Deputy Tyler Russell Wheatcroft. Judge Goorvitch believes that he can be fair and impartial in this case. BACKGROUND Plaintiff Georgina Rivas Gonzalez (“Plaintiff”) filed this action following a motor vehicle collision with Los Angeles County Sheriff's Deputy Tyler Russell Wheatcroft on October 10, 2019. Now, the County of Los Angeles and Deputy Wheatcroft (collectively, “Defendants”) demurs to Plaint...

Excerpt: ...riathlon. Plaintiff asserts a common law claim for negligence, and the complaint cites no Government Code sections giving rise to a cause of action against a municipality. Now, Defendant demurs to the complaint, which Plaintiff opposes. The demurrer is sustained with leave to amend. LEGAL STANDARD “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App....

Excerpt: ...ts negligently removed portions of her teeth. Plaintiff asserts causes of action for professional negligence, medical battery, and intentional infliction of emotional distress. Now, Defendants demur to the second and third causes of action, which Plaintiff opposes. The demurrer is overruled. LEGAL STANDARD “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235...

Excerpt: ...��). Plaintiff asserts causes of action for premises liability, general negligence, gross negligence, and products liability. Now, Defendant demurs to the causes of action for gross negligence and products liability. Defendant also moves to strike the claim for punitive damages and related allegations. The demurrer is sustained in part and overruled in part. The motion to strike is granted. The Court grants leave to amend. LEGAL STANDARD “It is...

Excerpt: ...ness as “Powerhouse Gym” (“Defendant”). Plaintiff asserts causes of action for negligence, premises liability, and products liability. Now, Defendant moves for summary judgment or, in the alternative, summary adjudication of each cause of action. Plaintiff opposes the motion, which is granted in part and denied in part. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue ...

Excerpt: ...Bianco (“Defendant”). Defendant moves to strike the prayer for punitive damages, as well as the related allegations. Plaintiffs oppose the motion, which is denied. LEGAL STANDARD Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).) On a motion to strike, the court may: (1) ...

Excerpt: ... collision with Defendant Sergey Dermendzhyan (“Defendant”). Now, Plaintiffs move to compel Defendant to complete his deposition, and Defendant moves for a protective order to preclude him from completing his deposition. The Court grants Plaintiffs' motion and denies Defendants' motion. LEGAL STANDARD At the demand of a deponent, the deposition officer must suspend the deposition to permit the deponent to seek a protective order terminating o...

Excerpt: ...d and operated by Defendants Economy Inn and Pravin M. Bhakta (collectively, “Defendants”). Plaintiffs assert the following causes of action: (1) Battery, (2) Negligence, (3) Negligence per se, (4) Negligent infliction of emotional distress, (5) Intentional infliction of emotional distress, (6) Fraudulent concealment, and (7) Public nuisance. Now, Defendants demur to the following causes of action: First Cause of Action – Battery Fifth Caus...

Excerpt: ... requesting a hearing. If any party requests a hearing, one will be scheduled. If the parties do not email the Court's clerk before the hearing time to request a hearing, they will waive the right to be heard and shall submit to this tentative order, which shall issue. TENTATIVE ORDER BACKGROUND Plaintiff Steven Philip Mulleady (“Plaintiff”) filed this action following a motor vehicle collision with Defendant Michael Mitchell (“Defendant”...

Excerpt: ...ry”). At the time of the accident, Defendant Echeverry was driving a truck that he rented from Defendant Penske Truck Leasing Co., LP (“Defendant Penske”). Plaintiff Ahmed Hijazi asserts causes of action for general and motor vehicle negligence against Defendants, and Plaintiff Marta Hijazi asserts a related cause of action for loss of consortium. Now, Defendants move for summary judgment on Plaintiffs' complaint, which Plaintiffs oppose. T...

Excerpt: ...butions to Michael N. Feuer: (1) $100 to Mr. Feuer's 2008 campaign for the 42nd Assembly District on or about November 9, 2007; (2) $100 to Mr. Feuer's 2010 campaign for the 42nd Assembly District on or about October 19, 2010; and (3) $100 to Mr. Feuer's 2013 campaign for Los Angeles City Attorney on or about May 30, 2012. Judge Goorvitch has no personal relationship with Mr. Feuer and has had no communications with Mr. Feuer since he became the ...

Excerpt: ...ively, “Defendants”) following a motor vehicle collision with co‐defendant Zhicheng Liu (“Liu”), who is Holly Butler's father. Defendants move for summary judgment on Plaintiff's complaint. Defendants also move for summary adjudication on the issue whether their liability is limited to $15,000. Finally, the Court set an Order to Show Cause why Zhicheng Liu should not be dismissed for failure to serve the summons and complaint. The Court...

Excerpt: ...lectively, “Plaintiffs”) move to compel further responses from Defendants Sergey Dermendzhyan and Miran Poladian (collectively, “Defendants”) to certain Form Interrogatories and Requests for Production. Defendants oppose the motions. The Court must first address several predicate issues. First, Defendants argue that certain discovery, like Dermendzhyan's cell phone records and criminal history, is not relevant because Defendants have conc...

Excerpt: ...lding accident. Defendants move for summary judgment on the single cause of action, one for negligence, which Plaintiff opposes. The motion is denied. FACTUAL BACKGROUND Plaintiff has been an auto body repair professional for over 40 years and was unemployed at the time of the accident. (Plaintiff's Response to Defendant's Separate Statement of Material Facts, ¶¶ 1, 10.) Defendants are the sole proprietors of a business known as “LF Trucking....

Excerpt: ...$100 to Mr. Feuer's 2008 campaign for the 42nd Assembly District on or about November 9, 2007; (2) $100 to Mr. Feuer's 2010 campaign for the 42nd Assembly District on or about October 19, 2010; and (3) $100 to Mr. Feuer's 2013 campaign for Los Angeles City Attorney on or about May 30, 2012. Judge Goorvitch has no personal relationship with Mr. Feuer and has had no communications with Mr. Feuer since he became the City Attorney. The Court can be f...

Excerpt: ...lowing a motor vehicle collision. Now, Plaintiff moves to compel further responses to certain Requests for Admissions, Set Two (“RFAs”) and Form Interrogatory Number 17.1. Defendant served responses on February 21, 2020, but the responses effectively stated that he could not admit or deny the matters specified in the RFAs. Indeed, most of Plaintiff's RFAs seek information that reasonably can be provided only after Defendant's expert witnesses...

Excerpt: ...cle collision. Defendant now seeks an order compelling Plaintiff to submit to physical examinations with Vernon Williams, M.D., a neurologist, and Philip K. Stenquist, Ph.D., a neuropsychologist. Plaintiff opposes the motion, which is granted with certain conditions. PROCEDURAL HISTORY This action was filed on December 14, 2018. On September 9, 2020, based upon the parties' oral stipulation, the Court continued the trial date to August 13, 2021. ...

Excerpt: ...Defendant”). Specifically, Plaintiff allegedly was filling his car with gasoline when another driver, Defendant Noel Orpina Tuldanes, exited the car wash, lost control of his vehicle, and struck Plaintiff. Plaintiff asserts causes of action for negligence and premises liability against Defendant. Now, Defendant moves for summary judgment, or in the alternative, summary adjudication of each cause of action. Plaintiff opposes the motion, which is...

Excerpt: ...�Liu”) and Patrick Hsieh, M.D. (“Hseih”) (collectively, “Defendants”). Plaintiff alleges that Defendants left a foreign body inside his body during a surgical procedure. Now, Defendants move for summary judgment on Plaintiff's complaint, which Plaintiff does not oppose. The motion is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that ...

Excerpt: ...ated by Costco Wholesale Corporation (“Defendant”). Plaintiff moves to compel further responses to her Request for Production of Documents, specifically: (1) A statement of an interview of an eyewitness taken by the insurance adjuster, (2) A statement of Plaintiff taken by the insurance adjuster, (3) A report prepared by Defendant's store manager, and (4) reports, complaints, claims, and lawsuits relating to similar types of incidents. Plaint...

Excerpt: ...�UCLA”), Steven Lerman, M.D. (“Lerman”) and Erika Wood, M.D. (“Wood”) (collectively, “Defendants”). Lerman and Wood are urologists who treated plaintiff at UCLA's hospital. Plaintiff alleges that Defendants failed to address his complaints of testicular pain and that he lost a testicle as a result. Now, Defendants move for summary judgment, which Plaintiff opposes. The motion is denied. LEGAL STANDARD “[T]he party moving for summa...

Excerpt: ...cia Morgan and Gary Morgan (“Defendants”) following the death of Decedent William Elliot Suggs (“Decedent”) in a motor vehicle collision. The complaint listed the wrong name, and the plaintiff should have been listed as “George Edward Suggs, Jr.” Now, Plaintiff seeks leave to amend to fix this issue. Defendant opposes the motion, which is granted with conditions. The Court denies Defendant's motion for judgment on the pleadings. LEGAL...

Excerpt: ...move for summary judgment on the single cause of action, one for negligence, which Plaintiff opposes. The Court continues the hearing on Defendants' motion for summary judgment but issues this tentative order in advance of the hearing. FACTUAL BACKGROUND Plaintiff has been an auto body repair professional for over 40 years and was unemployed at the time of the accident. (Plaintiff's Response to Defendant's Separate Statement of Material Facts, ¶...

Excerpt: ...t”), as well as Greg S. Khounganian, M.D., an orthopedic surgeon. Plaintiff alleges that Dr. Khounganian negligently performed spinal surgery on Plaintiff. Specifically, Plaintiff alleges that Dr. Khounganian negligently removed and replaced a Medtronic implant and negligently placed a spinal cord stimulator, resulting in paralysis. The Court previously granted summary adjudication of Plaintiff's claim for lack of informed consent against Dr. K...

Excerpt: ...lliam Suggs, Individually and as the Successor-in-Interest to the Estate of William Elliot Suggs,” filed this action against Defendants Bonnie Patricia Morgan and Gary Morgan (“Defendants”) following the death of Decedent William Elliot Suggs (“Decedent”) in a motor vehicle collision. The complaint listed the wrong name, and the plaintiff should have been listed as “George Edward Suggs, Jr.” Now, Plaintiff seeks leave to amend to fi...

Excerpt: ...staurants of California, Inc. (“Defendant”) moves for summary judgment, arguing that it did not own, operate, or control the premises, because the restaurant was a franchise. Plaintiff opposes the motion, which is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of ...

Excerpt: ...i's counsel indicated that his client would rather oppose the motion, as opposed to stipulating to the motion and then arguing that the related case should be dismissed. The Court denies the motion and voids the settlement agreement. PROCEDURAL HISTORY Kohavi filed this action (Case No. 19STCV44776) against Abouzar following a motor vehicle collision. The collision occurred on May 10, 2018, in Los Angeles, California, and the complaint was filed ...

Excerpt: ...r the Court granting this motion. BACKGROUND Plaintiff Claudia Pangelinan (“Plaintiff”) filed this action against Defendant ADW- NO1-LLC (“Defendant”) after she tripped and fell on the walkway of Defendant's property. Defendant filed a motion for summary judgment, following which Plaintiff identified a defect in her complaint. Therefore, Plaintiff moves to amend the complaint, which Defendant opposes. LEGAL STANDARD Per Code of Civil Proc...

Excerpt: ...s hit by another person, who also had rented a scooter from Bird Rides, in the tunnel underneath the Santa Monica Pier, in the City of Santa Monica (“the City”). Plaintiff asserts the following causes of action: (1) Negligence against Bird Rides, (2) Dangerous Condition of Public Property against the City; and (3) Premises Liability against the City. Defendants now demur to all three causes of action, which Plaintiff opposes. The Court sustai...

Excerpt: ...00 a.m., to inform the clerk whether they are submitting on the Court's tentative or whether they are requesting a hearing. If the parties do not affirmatively request a hearing, they will waive the right to be heard; the hearing will be taken off-calendar; and they will submit to this tentative order, which shall issue. If the City of Beverly Hills requests a hearing, it should be prepared to address the omissions in Rock Miller's declaration, w...

Excerpt: ...arrived at his opinion that the cause of death was a heart attack. TENTATIVE ORDER BACKGROUND Plaintiffs Wanda Hadley, Alexandria Hadley, and Gabrielle Hadley (“Plaintiffs”) filed this medical malpractice action against Defendant Anthony Ho, M.D. (“Defendant”). Plaintiffs allege that Daryl Hadley (“Decedent”) presented at St. Vincent Medical Center on November 19, 2016, with elevated blood pressure, chest pains, and dizziness. (Compla...

Excerpt: ...dent”) opposes the motion, arguing that it provided code-complaint responses. Per Code of Civil Procedure section 2031.230, if a party cannot comply with a request for production of documents, it must state: (1) It cannot comply with the request; (2) “[A] diligent search has been made in an effort to comply with that demand;” and (3) “[W]hether the inability to comply is because the particular item or category has never existed, has been ...

Excerpt: ...wned and operated by Defendant A2Z Health.Net, Inc. (“Defendant”). Plaintiff asserts the following causes of action in the first amended complaint: (1) Negligence; (2) Sexual Battery in violation of California Civil Code section 1708.5; (3) Battery; (4) Negligent Hiring and Retention; (5) Negligent Supervision; and (6) Intentional Infliction of Emotional Distress. A2Z demurs to the second, third, and sixth causes of action in Plaintiff's comp...

Excerpt: ...ative order in advance of the hearing: TENTATIVE ORDER BACKGROUND Plaintiff Hannah Valencia (“Plaintiff”) filed this action against Defendant Dean M. Anselmo, M.D. (“Defendant”), alleging that Defendant committed malpractice relating to the removal of a lipomatous mass. Plaintiff asserts causes of action for professional negligence and medical battery. Now, Defendant demurs to the cause of action for medical battery. Defendant also moves ...