Excerpt: ...mpelling Plaintiff Andrew Duhancioglu's (“Plaintiff”) complaint to arbitration. (Notice of Mtn., at p. 1.) By way of background, Plaintiff filed suit against Defendant for violations of the Song Beverly Consumer Warranty Act (“Song Beverly”) in connection with his purchase or lease of a 2020 Mercedes-Benz A220 (“subject vehicle”). The subject vehicle presented with various nonconformities within the warranty period. Defendant, in turn...

Excerpt: ...court reconsiders the motion to compel arbitration under its own authority in light of Ochoa v Ford Motor Company (Ford Motor Warranty Cases) (2023) 306 Cal.Rprt.3d 611. (See Code Civ. Proc., § 1008, subd. (c).) Upon reconsideration of the court's prior ruling, the court DENIES Defendant's motion to compel arbitration. Ochoa is directly on point and compels this conclusion. The matter is remanded to superior court for all further proceedings. De...

Excerpt: ...part. Plaintiff has 30 days to file an amended pleading addressing the issues set forth below. The demurrer is sustained with leave to amend as to the first (quiet title), second (slander of title) and third (partition and accounting) causes of action. The demurrer is overruled as to the fourth (declaratory relief) cause of action. Defendants James D. Rose (“James”) and Regina L. Dabich (“Dabich”) (collectively “Defendants”) demurrer ...

Excerpt: ...Independent Medical Examination of Plaintiff Patricia Hill ID: 033764486558 filed by Defendant Rodolfo Alvarado on 06/08/2023 is GRANTED, in part as set forth below. The Defendants' Joint Motion to Compel Defense Mental Examination of Plaintiff, Patricia Hill ID: 39625359747 filed by Defendants Rodolfo Alvarado and City of Los Angeles on 06/12/2023 is GRANTED, in part as set forth below. Defendants Rodolfo Alvarado (“Alvarado”) and City of Lo...

Excerpt: ...ng Co., LLC, Aleem Wadhwania, William B. Declerq, and Declercq Law Group on May 25, 2023, is GRANTED in part and DENIED in part as set forth below. Defendants Limitless Trading Co., LLC, Aleem Wadhwania, William B. Declerq, and Declercq Law Group (collectively “Defendants”) move to strike the complaint for defamation filed by Plaintiff Chad Padilla (“Plaintiff”), pro per. (Notice of Mnt., at p. 1.) By way of background, on December 12, 20...

Excerpt: ...INED in Part and OVERRULED in part. The demurrer to the first (breach of contract), second (breach of the implied covenant of good faith and fair dealing), and fourth (declaratory relief) causes of action is overruled. The demurrer to the third (promissory estoppel) cause of action is sustained with 30 days' leave to amend. The Motion to Strike Certain Portions of Plaintiff's First Amended Complaint ID: 025249343247 filed by Defendant Leonis Prop...

Excerpt: ... 05/30/2023 is GRANTED in part and DENIED in part. Defendant Nissan North America, Inc.'s motion to compel arbitration is DENIED. Defendant Infiniti of Van Nuys motion to compel arbitration is GRANTED. The case against Defendant Nissan is stayed pending the outcome of arbitration of the claims against Defendant Infiniti of Van Nuys. Defendants Nissan North America, Inc., (“Nissan”) and Infiniti of Van Nuys (“Infiniti”) (collectively “Ni...

Excerpt: ...Judgment or Alternatively, Adjudication, of Cross-Complaint of Cross- Complainants Michael Mizrachi, Marina Mizrachi, and Weedmayhem, Inc., and Affirmative Defenses thereto; reservation no.: 574536463995 filed by Cross-Defendant Sardor Azimovich Abdullaev on 12/21/2022 is DENIED. Cross-Defendants motion for summary judgment is denied. Cross-Defendants motion for summary adjudication of issues one through eight are denied. Cross-Defendants Sardor ...

Excerpt: ...e Insurance Company and Liberty Mutual Group, Inc. ID: 883363127428 filed by Defendants Liberty Mutual Fire Insurance Company and Liberty Mutual Group, Inc., on 05/05/2023 is SUSTAINED in part and OVERRULED in part. The demurrer to the first (breach of contract) cause of action is OVERRULED. The demurrer to the fifth (negligent infliction of emotional distress) cause of action is SUSTAINED with leave to amend. Plaintiff has 30 days to file an ame...

Excerpt: ...ia Department of Public Health and Tomas J. Aragon on 05/23/2023 is CONTINUED to August 4, 2023, at 8:30 a.m. in Department 24 of Stanley Mosk Courthouse. Respondents are ordered to file a declaration confirming that the motion for consolidation was filed in the other action - Lakeview Terrace Skilled Nursing Facility, LLC dba Lakeview Terrace v. California Department of Public Health of the State of California et al (Case No., 22STLC07146) and/o...

Excerpt: ...Fees and Costs of Partition to be Borne by Defendant Tarzana Crossing, LLC; filed by Plaintiff Richard K. Ullman, Sr. Trustee of the Richard K. Ullman Separate Property Trust dated March 28, 2001, et al on 03/16/2023 is GRANTED in part as set forth below. Instead of equitable apportionment based on Defendant's ownership interest of 5.1948%, the court orders Defendant to bear 10.1948% of fees and costs of the partition. Plaintiffs' 03/16/2023 and ...

Excerpt: ... City of Los Angeles (named in the complaint as the Los Angeles Police Department [“LAPD”]) (“Defendant”) demurrers to the entire complaint of Plaintiff Walter Harris (“Plaintiff”) on the grounds Plaintiff failed to state facts sufficient to constitute a cause of action and/or it is uncertain. (Notice of Demurrer, at p. 2; see also Code Civ. Proc., §430.10.) Plaintiff filed no opposition. By way of background, on June 15, 2022, Plain...

Excerpt: ...enth, eleventh, and twelfth causes of action is overruled. The demurrer to the ninth, tenth, and thirteenth causes of action is sustained without leave to amend. Defendant County of Los Angeles (“Defendant”) demurrers to seventh (Intentional infliction of emotional distress), ninth (wrongful termination), tenth (constructive termination), eleventh (failure to hire), twelfth (CRFA violations), and thirteenth (Violation of labor code sections 5...

Excerpt: ...efendant Paul Sado, to Strike his Answer and his Defamation Complaint; Request for Monetary and Terminating Sanctions; ID: 324550280395 filed by Plaintiff Zelia Scott on 05/30/2023 is GRANTED. The court imposes sanctions in the amount of $3,561.00 against Defendant Paul Sado payable to Plaintiff Zelia Scott forthwith. Plaintiff Zelia Scott (“Plaintiff”) moves for terminating against Defendant Paul Sado (“Defendant”), pro per. (Notice of M...

Excerpt: ...ended complaint forthwith. In light of the court's ruling on the motion for leave to file an amended complaint the Motion for Judgment on the Pleadings by Defendant WM & Co.; reservation no.: 036106482698 filed by Defendant WM & Co. on 04/06/2023; the Demurrer to Complaint; reservation no.: 713339707498 filed by Defendant The Bank of New York Mellon on 02/17/2023; and Motion for Judgment on the Pleadings reservation no.: 374514808696 filed by Def...

Excerpt: ...a for Production of Business Records to Non-Party Your Healing Begins Here; reservation no.: 337934434881 filed by Defendant city of Los Angeles on 04/04/2023 is DENIED without prejudice. Defendant City of Los Angeles (“Defendant”) moves for an order compelling non-party deponent Your Healing Begins Here (“Your Healing”) to produce all documents responsive to Defendant's deposition subpoena. (Notice of Mtn., at p. 2) By way of background,...

Excerpt: ...liams (“Plaintiff”) moves for an order of sanctions against Defendants Windsor Twin Palms Healthcare Center, LLC (“Defendant”) for fees and costs incurred as a result of “Defendant Windsor Twin Palms Healthcare Center, LLC's material breach of the arbitration agreement in the amount of $3,386.65.” (Notice of Mtn. at p.1.) The court previously denied Plaintiff's motion for sanctions without prejudice. (Minute Order, May 23, 2023.) Plai...

Excerpt: ... the court reporter fees is granted with respect to the amount of $4,336.77 in court reporter fees. In all other respects the motion to tax is denied. Plaintiffs Gilbert Wayne Hedgpeth; Raul Caiz, Jr.; and Raul Caiz, Sr. (collectively “Plaintiffs”) move for an order taxing the costs sought by Defendants the California State Athletic Commission and Andrew Foster (collectively “Defendants”). (Notice of Mtn., at p. 1.) Defendants seek at tot...

Excerpt: ...ge! Learning LLC and Engage Learning, Inc., on 05/24/2023 is SUSTAINED in part, and OVERRULED in part. The demurrer to the first and third causes of action is overruled. The demurrer to the fifth cause of action is sustained with leave to amend. Defendants Engage Learning LLC and Engage Learning, Inc. (collectively “Defendants”) demurer to the first (failure to pay wages), third (constructive termination), and fifth (failure to provide accura...

Excerpt: ...re Inc. TENTATIVE RULING: The above-captioned matters are called for hearing. The Court has read the moving and opposing papers in the above-captioned motions and announces its tentative rulings in open Court. The Motion to Compel Further Discovery Responses to Request for Production Nos. 29-32 by Columbia Care LLC ID: 293732444448 filed by Plaintiff MM Acquisition Co. LLC on 04/28/2023; The Motion to Compel Further Discovery Responses to Special...

Excerpt: ...ant Children's Hospital of Los Angeles on 03/17/2023 is DENIED. Defendant Children's Hospital of Los Angeles motion for summary judgment is denied. Defendant's motion for summary adjudication of issue twenty-two is GRANTED. In all other respects the motion for summary adjudication of the issues is denied. Defendant Children's Hospital of Los Angeles (“Defendant”) moves for summary judgment or in on the complaint filed by Plaintiff Diana Lalan...

Excerpt: ...rs to the first (breach of contract) and second (promissory estoppel) causes of action in the cross-complaint filed by Defendant/Cross- Complainant Cindy Iskandar (“Iskandar”). (Notice of Dem., at p. 2.) Builder Boy moves pursuant to Code of Civil Procedure section 430.10. (Notice of Dem., at p. 2.) By way of background, on October 14, 2021, Builder Boy filed suit against Iskandar. Iskandar, in turn, filed her initial cross-complaint on Novem...

Excerpt: ...ant Wolfram Ermel (“Defendant”) moves for an order setting aside a void judgment against him. By way of background, on October 12, 2017, Martial Etame (“Plaintiff”) filed suit against Defendant regarding the fallout of their car restoration business and Defendant's alleged conversion of Plaintiff's cars. Both parties proceeded in pro per. Defendant filed a responsive pleading to the complaint on November 22, 2017, but thereafter failed to...

Excerpt: ...arc A. Smith II on 05/17/2023 is DENIED. Defendant Marc A. Smith II (“Defendant”) moves for an order to disqualify the law firm of Phillips Lex and Robin Phillips (collectively “Counsel”) from representing Plaintiff Roberto Orci (“Plaintiff”) in the present suit. (Notice of Mtn., at p. 2.) Plaintiff's 06/06/2023 objections to the declaration of David V. Luu (“Luu”) are overruled. Defendant's 06/09/2023 objections to the declaratio...

Excerpt: ...ve rulings in open Court. The Motion for Order Approving Settlement Claims Brought Pursuant to Private Attorneys General Act of 2004 ID: 477506149335 filed by Plaintiff Felipe Carrera Puente on 05/25/2023 is continued to July 31, 2023, at 8:30 a.m. in Department 24 of Stanley Mosk Courthouse for the reasons set forth below. Plaintiff is to provide the court with a copy of the email from LWDA confirming the submission of the Settlement, and the no...