Excerpt: ...Conklin (1) Motion to Quash Service of Summons and to Dismiss for Lack of Personal Jurisdiction (2) Motion to Quash Service of Summons and to Dismiss for Lack of Personal Jurisdiction The court considered the moving, opposition, and reply papers. RULING The motions are GRANTED. The complaint is DISMISSED as to Park Hotel & Resorts, Inc., f/k/a Hilton Worldwide, Inc. and Hilton Worldwide Holdings, Inc. BACKGROUND On November 22, 2023, plaintiff Ca...

Excerpt: ...pposition, and reply papers. RULING The motion is GRANTED. Defendant General Motors is ordered to produce responsive documents within 20 days to plaintiff's Request for Production of Documents, Nos. 16-21. BACKGROUND On April 3, 2023, plaintiff Edie Hartwick filed a complaint against General Motors LLC for violations of Song Beverly Act. On October 24, 2023, the parties entered into a stipulation and protective order – confidential designation ...

Excerpt: ...motion for determination of good faith settlement is GRANTED. The court ORDERS that in this action and all related actions, 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 Kiewit Infrastructure West Co. f/k/a Kiewit Pacific Co. be and are dismissed with p...

Excerpt: ... On January 27, 2022, plaintiff Marlene Thomas, ind. and as successor in interest to Ryan Thomas, filed a wrongful death and survival action against Aeolus Air Charter, Inc. for (1) negligence, (2) products liability – strict, and (3) products liability – negligence. On November 29, 2022, the case was transferred from the PI Hub to Dept. M. On December 27, 2022, the case was deemed related to 22VECV01878. On January 27, 2023, the court grante...

Excerpt: ...n is DENIED. BACKGROUND On November 22, 2022, plaintiff S.W. filed a complaint against defendants Ginder Marshall, M.D., an individual, and Ginder Marshall, M.D., a professional corporation for (1) sexual assault and battery, (2) IIED, (3) medical battery, (4) failure to obtain informed consent, and (5) negligent misrepresentation. On April 27, 2023, the court overruled defendants' demurrer as to the 1st and 2nd causes of action and sustained wit...

Excerpt: ... LEAVE TO AMEND as to the 1 st through 6 th causes of action in the complaint. BACKGROUND On July 20, 2023, plaintiff PVR Group, Inc. filed a verified complaint against defendant Woodforest National Bank for (1) breach of verbal contract, (2) breach of implied in fact contract, (3) breach of the covenant of good faith and fair dealing, (4) fraud, (5) declaratory relief, and (6) violations of Bus. & Prof. Code §17200. LEGAL AUTHORITY When conside...

Excerpt: ...and supplemental declarations. The hearing was continued from November 29, 2023 to December 4 and 11, and then to the herein date. RULING The motion is GRANTED. Defendant Festival Management's cross-complaint is STRICKEN. Defendant is ordered to pay monetary sanctions in the amount of $2,437 to plaintiff, within 30 days. The court orders that the truth of any matters specified in plaintiff's Requests for Admission, Set One be deemed admitted. BAC...

Excerpt: ...ition (filed on December 6), and opposition papers (filed on December 11). The hearing was continued from December 13 to allow the court to consider the documents filed on December 6 and 11. RULING The motion to compel the deposition of defendant's PMQ is DENIED as MOOT as the deposition has taken place and defendant has produced documents. BACKGROUND On November 29, 2022, plaintiff 6232 Manchester LLC filed an unlawful detainer complaint against...

Excerpt: ...to Approve the Withdrawal of Funds from Her Allstate Annuity Account The court considered the moving and opposition papers. RULING The motion is DENIED. BACKGROUND The court notes that the case documents are not scanned before September 21, 2022. On October 3, 2002, plaintiffs Taylor Theus and Latrecia Hale filed a complaint against Centinela Hospital Medical Center and Tracy Robinson, M.D. On April 2, 2003, plaintiff filed amendments to complain...

Excerpt: ... RULING The motion is DENIED WITHOUT PREJUDICE. BACKGROUND On November 29, 2022, plaintiff 6232 Manchester LLC filed an unlawful detainer complaint against Orb Tertius LLC based on a three-day notice to quit. On January 25, 2023, the court (Inglewood) overruled defendant's demurrer. On March 1, 2023, the court (Inglewood) grants defendant's motion to compel further responses and production to defendant's request for production of documents. On Ma...

Excerpt: ...OVERRULED as to the 5 th cause of action in the FAC. The motion to strike is DENIED. BACKGROUND On May 3, 2023, plaintiff Janie Vieyra filed a complaint against General Motors, LLC for violation of (1) violation of Civil Code §1793.2(d), (2) violation of Civil Code §1793.2(b), (3) violation of Civil Code §1793.2(a)(3), (4) breach of the implied warranty of merchantability, and (5) fraudulent concealment. On August 25, 2023, plaintiff filed a F...

Excerpt: ...te a Dangerous Condition The court considered the moving papers. No opposition papers have been filed. RULING The application is GRANTED. See order. BACKGROUND On October 12, 2023, applicant City of Manhattan Beach filed an application for warrant to enter and abate a dangerous condition on the property located at 116 9 th Street, Manhattan Beach, Los Angeles County Assessor's Parcel No. 4179-014-017. LEGAL AUTHORITY Health and Safety Code §1798...

Excerpt: ...GRANTED. Plaintiff Austin Brennan is ordered to appear at deposition within 30 days on a mutually acceptable date and time. The court orders plaintiff to pay sanctions in the amount of $450 in favor of defendant within 30 days. BACKGROUND On November 7, 2022, Austin Brennan filed a complaint against City of Culver City and Minerva Rodriguez alleging motor vehicle negligence. Plaintiff alleges that City of Culver City bus driver Minerva Rodriguez ...

Excerpt: ...on papers. RULING The demurrer is OVERRULED. Defendants are ordered to file an answer within five days. BACKGROUND On September 11, 2023, plaintiff Greystone Management Group, Inc. filed a complaint for unlawful detainer against Breanna Matthews and Talvin Wells based on a three-day notice to pay rent or quit for the property at 3311 Hollypark Drive, #1, Inglewood, CA 90305, based on monthly rent of $2557 for the period August 1, 2022 through Jul...

Excerpt: ...s a CMC and OSC re failure to file proof of service, failure to prosecute case, failure to request entry of default for __________________. Plaintiff's counsel is ordered to pay the sanctions previously ordered within 30 days. BACKGROUND On December 21, 2022, plaintiff Gloria Ann Secrest filed a complaint against DD's Discounts, Ross Dress for Less, Inc., and John Doe for negligence and premises liability based on a slip and fall on January 2, 20...

Excerpt: ...he motion is GRANTED. Case 22TRCV00926 is designated the lead case. All documents filed in the consolidated cases must include the caption and case number of the lead case, followed by the case numbers of all of the other consolidated cases. All hearing dates in cases other than the lead case are vacated. BACKGROUND 22TRCV00926 In 22TRCV00926, on October 11, 2022, plaintiff Alexis Mikayla Rodriguez filed a complaint against Los Angeles County MTA...

Excerpt: ...urt considered the moving, opposition, and reply papers. RULING The demurrer is OVERRULED as to the 1 st cause of action and SUSTAINED WITHOUT LEAVE TO AMEND as to the 3 rd and 4 th causes of action. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND. BACKGROUND On June 8, 2023, Evelyn Contreras, Arturo Quevedo, Rosa Mireles, Jose Luis Contreras, Araseli Contreras, Jose Luis Contreras Jr., and Mylene Contreras filed a complaint against Charle...

Excerpt: ...e moving, opposition, and reply papers. RULING The motion is GRANTED. The preliminary injunction issued on September 15, 2023 is set aside, the TRO remains in place, and the court sets an OSC hearing re preliminary injunction for ________________. BACKGROUND On April 19, 2023, plaintiff Martin Hutto filed a complaint against City of Torrance and Torrance Police Department for (1) violation of POBRA, (2) declaratory relief, and (3) Labor Code §11...

Excerpt: ...on is GRANTED. The court orders that plaintiff Joseph Loh pay $22,500 in penalties to defendants for violation of Para. L of the settlement agreement. The court orders that plaintiff Loh comply with Para. E within five days by removing “personal items,” including sandbags and pavers from the compost area. BACKGROUND On September 25, 2019, Joseph Loh and Joseph Loh as trustee of The Loh Family Trust filed a complaint against Robert Carruth, Ma...

Excerpt: ... and reply papers. RULING The demurrer is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 2 nd, 3 rd, and 4 th causes of action and OVERRULED as to the 6 th cause of action in the complaint. BACKGROUND On April 18, 2023, plaintiffs Nazanin Soleimany, Connor Mackey, and Ziba Soleimany filed a complaint against Abdul J. Sheriff, C On Adams, LLC, and Eagle Eye Home & Sewer Line Inspection Group LLC for (1) breach of written contract, (2) breach of f...

Excerpt: ...e GRANTED. BACKGROUND On July 20, 2023, plaintiff First Bank filed a verified complaint against A.V. Center Maintenance, LLC, White Hat Commercial Services, Inc., Joseph Jaworski, Justin Villanueva, and Steven/James Group, LLC for (1) breach of contract (Loan Agreement, Note and Security Agreement), (2) money lent, (3) account stated, (4) foreclosure and recovery of personal property, (5) conversion, (6) claim and delivery, (7) specific performan...

Excerpt: ...opposition was filed. RULING The motion is GRANTED. Receiver Stephen Donell is authorized to resolve any potential claims against the McEntyre Family Properties LLC pursuant to the claims resolution procedures proposed in the motion. Donnell is to submit a proposed order. BACKGROUND On March 27, 2019, Carol Jean Thompson, derivatively on behalf of McEntyre Family Properties, LLC, filed a complaint against Delmer James McEntyre for partition and d...

Excerpt: ...d the moving and reply papers. RULING The motion is CONTINUED to ______________ to allow defendants to file their opposition and for the court to consider. BACKGROUND On September 28, 2022, plaintiff Philadelphia Indemnity Insurance Company filed a complaint against Kaladar Co., Inc. dba Cal Auto Net and Mehdi Omrani for breach of contract. LEGAL AUTHORITY “Upon the filing of the complaint or at any time thereafter, the plaintiff may apply purs...

Excerpt: ...on The court considered the moving, opposition, and reply papers. RULING The motion is CONTINUED to _____________. The court sets an evidentiary hearing for _____________ on the issue of fraud in the execution/inception of the Residential Income Purchase Agreement. BACKGROUND On July 12, 2023, plaintiff Turquoise Investment Group LLC filed a complaint against defendant Louis F. Sciarrotta, successor trustee of The Louis J. Corosu Trust, originall...

Excerpt: ...cords (2) Motion to Compel Non-Party Medvantage Orthocare, LLC to Comply with Deposition Subpoena for Production of Business Records The court considered the moving papers. No opposition was filed. RULING The motions are GRANTED. The court orders that Anphon Medical Center comply with the deposition subpoena issued by defendant Don's Frozen Express, Inc. on May 8, 2023 within 15 days. The court orders that Medvantage Orthocare, LLC comply with th...

Excerpt: ...nued the hearing to allow plaintiff to file an opposition. RULING The motion to strike is GRANTED WITH 20 DAYS LEAVE TO AMEND as to punitive damages. The motion is DENIED as to “In addition, Plaintiffs are entitled to attorney's fees and costs pursuant to California Civil Code section 1942” contained in para. 39 BACKGROUND On March 10, 2023, Bonnie Busk filed a complaint against Equity Residential and Equity Residential, LLC for (1) negligent...

Excerpt: ...mary judgment is GRANTED. See Interlocutory Judgment. BACKGROUND On January 13, 2023, plaintiff Daphne Mercado filed a complaint for partition by real property against Porfirio Jimenez and Wells Fargo Financial California, Inc. (“Wells Fargo”) for partition of the two-unit duplex at 3527 W. 132 nd Street, Hawthorne, CA 90250, held as joint tenants by plaintiff, who is agreeable to sell, and defendant, who has refused to sell and also refused ...

Excerpt: ...papers. RULING The demurrer is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 4 th, 6 th, and 7 th causes of action and OVERRULED as to the 8 th cause of action as to defendant Finnell. The motion to strike is GRANTED WITH 20 DAYS LEAVE TO AMEND as to punitive damages and Exh. A attached to the complaint. The motion is DENIED as to paras. 29, 47-50 and Exhs. C-E. BACKGROUND On November 7, 2022, Jesus Escochea, Jr. filed a complaint against Ralph...

Excerpt: ...el Further Responses to Requests for Production, Set One The court considered the moving, opposition, and reply papers. RULING The motions are GRANTED. Defendant Kaleo Marketing, LLC is ordered to serve further responses to plaintiff's Form Interrogatories – Employment, Nos. 209.2, 211.1, 214.1, 214.2, and 216.1 and Special Interrogatories, Nos. 18, 30, 36, 42, and 48, within 15 days. Defendant Kaleo Marketing, LLC is ordered to serve further r...

Excerpt: ...Law) The court considered the moving papers. No opposition was filed. RULING The motion is GRANTED. Plaintiff Jonathan Cruz is ordered to respond further without objections to defendant City of Hermosa Beach's Form Interrogatories – General (Set No. 1), Nos. 6.1-6.3, 8.2-8.8, 11.1- 11.2, 17.1 (as to RFA Nos. 1, 9, 11) and Form Interrogatories – Employment Law (Set No.1), Nos. 202.1, 202.2, 207.2, 210.4, 212.1-212.7, 213.1, 213.2, and 217.2 wi...

Excerpt: ...Complainant Airport Urgent Care & Industrial Medicine, a Professional Corporation Responding Parties: Cross-Defendants Pacific Medical Laboratory, Reza Zarghami, Jalal Zarghami aka J. Zarghami, Suzan Asilzadeh Dardashti Motions to Compel Four Cross-Defendants' Initial Responses to First Set of Form Interrogatories, First Set of Requests for Admission, First Set of Special Interrogatories, and First Set of Request for Production of Documents and R...

Excerpt: ... Marier's Motion for an Order Compelling Arbitration is GRANTED. BACKGROUND A summons on the petition was filed on July 13, 2023. Petitioner Nick Marier then filed the instant Petition for an Order Compelling Arbitration (hereinafter, “Petition”). Petitioner alleges that on April 13, 2022 petitioner and respondents Belen Katzen and Barry Katzen entered into a Residential Income Property Purchase Agreement and Joint Instructions (hereinafter, ...

Excerpt: ...urrer is SUSTAINED without leave to amend. BACKGROUND On June 26, 2023, plaintiff Liberty Alversado filed a complaint against defendant PennyMac Loan Services Inc. for (1) violation of constitutional right, and (2) violations of Executive Orders 13818 and 13903. As alleged in the complaint, plaintiff asserts that defendant rejected plaintiff's attempt to “payoff debt w[ith] silver coins [and] wet signature for complete payoff” and sold her ho...

Excerpt: ...ing, Inc.'s First Set of Requests for Admission and First Set of Form Interrogatories The court considered the moving, opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On March 28, 2023, plaintiff Force Framing, Inc. filed a complaint against defendants KCS West, Inc., Silicon Beach Live, LLC, Western Bank, and Does 1 through 100, inclusive, asserting causes of action for (1) breach of written contract, (2) breach of oral agr...

Excerpt: ...The motion is DENIED WITHOUT PREJUDICE. BACKGROUND On February 24, 2023, Monica Sewell and Robert Olsen filed a complaint against High Point Condominiums Homeowners Association, Inc. and First Light Property Management, Inc. for (1) breach of governing documents, (2) breach of fiduciary duties, (3) breach of covenant of good faith and fair dealing, (4) breach of covenant of quiet enjoyment, (5) negligence, (6) NIED, and (7) declaratory relief. On...

Excerpt: ...file the cross-complaint within 5 days. BACKGROUND On October 13, 2022, plaintiff Debra Andrea Von Sprecken filed a complaint against Shannon Lynn Davison, ind. and DOES 1-20, inclusive for (1) motor vehicle negligence and (2) general negligence. The complaint alleges that on January 29, 2022 at Palos Verde Blvd. and Avenue G in Redondo Beach, CA, defendant negligently drove their motor vehicle so as to cause said motor vehicle to come into conta...

Excerpt: ..._______, 2023, 10:00 AM, Dept. M, Torrance Courthouse. BACKGROUND On May 24, 2023, petitioner Jennifer Lanchinebre filed a petition for leave to present late governmental claims against the City of Inglewood, County of Los Angeles, and State of California. LEGAL AUTHORITY Before a suit for damages may be filed against a public entity, a claimant must present a timely written claim to the public entity and the claim must have been acted upon by th...

Excerpt: ...e court considered the moving, opposition, and reply papers. RULING The demurrer is overruled. The motion to strike is denied. BACKGROUND On December 20, 2022, plaintiff HL Group 2 Limited Partnership filed this action against defendants Trang Luyen, Truc Luyen, Huan Luyen, Loanco Mortgage Services LLC (“Luyen defendants”), and Stephanie Lan Nguyen. On March 30, 2023, Stephanie Lan Nguyen filed a cross-complaint against Luyen defendants. On M...

Excerpt: ... Responses to Request for Production, Set One (3) Motion to Deem Request for Admissions, Set One Admitted The court considered the moving papers. No opposition was filed. RULING The motions to compel plaintiff's responses to interrogatories and requests for production are GRANTED. The motion to deem requests for admissions admitted is DENIED WITHOUT PREJUDICE. Plaintiff Rufus Minniefield is ordered to respond without objections to defendant's For...

Excerpt: ...o Compel Responses to Request for Production of Documents, Set One (4) Motion to Deem Request for Admissions, Set One Admitted The court considered the moving papers. No opposition was filed. RULING The motions to compel are GRANTED. Defendants LB Property Management, Inc. and 612 E. Queen, LLC are ordered to respond without objections to plaintiff's Form Interrogatories-General, Set One and Special Interrogatories, Set One, within 20 days. Defen...

Excerpt: ...d the moving, opposition, and reply papers. RULING The motion is CONTINUED to July 28, 2023, at 8:30 a.m. as noticed by the motions. BACKGROUND On January 13, 2023, plaintiff Elissa Riley (self-represented) filed a complaint against Avana Rancho Palos Verdes and GSIC II Palos Verdes Owner, LP for breach of contract and nuisance. The complaint alleges that she moved into the apartment on August 24, 2022, based on a lease agreement signed on August...

Excerpt: ...oving papers. No opposition was filed. RULING The motion for attorney's fees is GRANTED. Defendant Carolyn Ausweger, as the trustee of the Carolyn C. Ausweger Trust dated October 8, 2008, is awarded $19,700 in attorneys' fees against plaintiff. BACKGROUND On August 11, 2020, St. Andrews Equities LLC filed a complaint against Curry Parkway L.P., Platino, Inc., and First American Title for breach of contract, breach of the implied covenant of good ...

Excerpt: ...el's supplemental declaration and oral argument. RULING The motion to expunge lis pendens is GRANTED. BACKGROUND On October 22, 2015, plaintiff Ivan K. Stevenson filed a complaint against Wai Ching Shilon aka Anne Shilon and Moti Shilon for negligence, breach of oral contract, breach of implied contract, fraud, personal injury, and property damage. On October 18, 2016, plaintiff filed a First Amended Complaint. On May 1, 2017, plaintiff filed a S...

Excerpt: ...ary Adjudication on All Claims in Defendant/Cross-Complainant Lodi Realty, L.P.'s FACC; and (2) Summary Adjudication on Its Claim for Declaratory Relief and Lodi Realty's Contract-Based Affirmative Defenses The court considered the moving, opposition, and reply papers. RULING The motion for summary judgment is DENIED. The motion for summary adjudication is DENIED. BACKGROUND On May 25, 2021, plaintiff Stern Realty 1, LP d/b/a 2955 Columbia Street...

Excerpt: ...cond Amended Complaint The court considered the moving and opposition papers. RULING The motion is DENIED in part and GRANTED in part. The court DENIES the motion as to paras. 16 (“That in conscious, deliberate, reckless, disregard . . . on the PATH.”), 21, 28, 30, 31, 37-42, and 48 and prayer at 3. with respect to punitive damages as amendment would be futile. The court DENIES the motion as to para. 3 to add multiple individual employees. Th...

Excerpt: ...rrer is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 1 st and 2 nd causes of action in the FAC. The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 3 rd and 4th causes of action. BACKGROUND On March 22, 2023, Megna Real Estate Investments, Inc. filed a complaint against Center Street Lending VIII SPE, LLC and Prestige Default Services, LLC for (1) violation of Civil Code §2923.5, (2) violation of Civil Code §2923.7, and (3) violation ...

Excerpt: ...NTED WITH TEN DAYS LEAVE TO AMEND. BACKGROUND On April 6, 2023, plaintiff Elvira Minerva Ramirez Aquino filed a complaint against Jose Luis for (1) negligence, (2) premises liability, and (3) strict liability under Civil Code §3342 (dog bite). LEGAL AUTHORITY The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. CCP § 436(a). The...

Excerpt: ...C is set for ________________. The trial is set for _____________. BACKGROUND On January 10, 2023, Doris Booten filed a complaint against De Miranda Management, Inc., Demiranda Enterprises, LLC, De Miranda, LLC, Demiranda Management Company, Demiranda Management, LB Property Management, LLC, LB Property Management Group LLC, and LB Property Group, LLC for (1) general negligence/premises liability, (2) breach of the implied warranty of habitabilit...

Excerpt: ...ITH 20 DAYS LEAVE TO AMEND as to the 4 th cause of action for fraudulent concealment. BACKGROUND On February 17, 2023, plaintiffs David Dinh, Thi Do, and Ryan Dinh, a minor by and through his GAL David Dinh, filed a complaint against Gwen Maria Allen, M.D. ind. and dba Gardena Women's Center, Gwen M. Allen MD, Inc. and Gardena Women's Center for (1) wrongful life, (2) wrongful birth, (3) negligence, and (4) fraudulent concealment. On February 8, ...

Excerpt: ...ND On November 21, 2022, plaintiff Daniel Puga filed a complaint against Pedro Luis Esquivel for general negligence and motor vehicle negligence based on an incident that occurred on September 16, 2020. LEGAL AUTHORITY CCP § 438 states, in relevant part: “(b)(1) A party may move for judgment on the pleadings. . . . (c)(1) The motion provided for in this section may only be made on one of the following grounds: (A) If the moving party is a plai...

Excerpt: ...otion to Compel Responses to Requests for Production of Documents, Set One The court considered the moving, opposition, and reply papers. RULING The motions are GRANTED IN PART. Cross-defendant Decoma Industries is ordered to pay sanctions to plaintiff Briana Maturi in the amount of $807, within 30 days, in total for the three motions. BACKGROUND On June 7, 2022, plaintiffs Briana Maturi, Robert Dixon, Julian Dixon, Debbie Bittick, and Paul Bitti...

Excerpt: ...G The motion to strike is DENIED. BACKGROUND On January 12, 2023, plaintiff Carlos Arambula filed a complaint against Henry Gordon Ficke for (1) premises liability, (2) general negligence, (3) retaliatory eviction, and (4) breach of implied warranty of habitability. LEGAL AUTHORITY “The court may, upon a motion . . . , or at any time in its discretion, and upon terms it deems proper: (a) Strike any irrelevant, false, or improper matter inserted...

Excerpt: ...ving, opposition, and reply papers. RULING The motion is GRANTED. Cross-complainants are ordered to file the proposed FACC within ten days. BACKGROUND On June 16, 2021, plaintiff Marcia Pyin-Shan Chiang filed a complaint against defendants Joseph Yeh aka Joseph Cha-Dea Yeh, IDJ Enterprise Inc., and Grandtower Group Inc. for (1) breach of contract and (2) declaratory relief and cancellation of instruments. On July 9, 2021, the court found this mat...

Excerpt: ...d reply papers. RULING The motion to strike is GRANTED WITHOUT LEAVE TO AMEND as to plaintiff's claim for punitive damages. The motion is DENIED as to plaintiff's request for attorney's fees. Defendant is ordered to file an answer within ten days. BACKGROUND On February 10, 2023, plaintiff Emmanuel Essienete filed a complaint against International Auto Logistics, LLC. for (1) negligence, (2) breach of contract, (3) breach of the implied covenant ...

Excerpt: ...and reply papers. RULING The motion to dismiss is DENIED. BACKGROUND On December 29, 2020, plaintiff Pedro Susano Herrera Marquez filed a complaint against Research Metal Industries, Inc. for (1) strict liability and (2) negligence. On February 10, 2023, plaintiff filed an amendment designating Ross Operating Valve Company as Doe 1 and Ross Controls as Doe 2. On April 18, 2023, the case was transferred from the PI Hub. The original trial date of ...

Excerpt: ...Set One The court considered the moving, opposition, and reply papers. RULING The motion is CONTINUED to _________________ to allow plaintiffs to file declaration and supplemental declaration by _______________. BACKGROUND On August 19, 2022, Kelly Darley and Vincent Darley filed a complaint against American Honda Motor Co., Inc. for violation of statutory obligations. On October 7, 2022, plaintiffs filed a FAC for (1) violation of Civil Code §1...

Excerpt: ...ring to allow defendants to file an opposition after the default was set aside and vacated. No opposition was filed. RULING The motion is DENIED WITHOUT PREJUDICE. BACKGROUND On February 24, 2023, Monica Sewell and Robert Olsen filed a complaint against High Point Condominiums Homeowners Association, Inc. and First Light Property Management, Inc. for (1) breach of governing documents, (2) breach of fiduciary duties, (3) breach of covenant of good...

Excerpt: ...LING The demurrer to the 2 nd cause of action for medical battery against defendant Torrance Memorial Medical Center is SUSTAINED WITHOUT LEAVE TO AMEND. BACKGROUND On January 13, 2023, plaintiffs Kathie Lopez and Joe Marino filed a complaint against defendants Duncan Q. McBride, M.D., Duncan Q. McBride, M.D., Inc. and Torrance Memorial Medical Center for (1) medical negligence, (2) medical battery, and (3) common law battery. On February 1, 2023...

Excerpt: ..., opposition, and reply papers. RULING The demurrer as to the second and eighth causes of action is SUSTAINED WITH LEAVE TO AMEND. The demurrer as to the first, third, fourth, fifth, sixth, seventh, and ninth causes of action is OVERRULED. BACKGROUND Plaintiff Therese Murphy brought this employment action against Skechers USA Inc. The First Amended Complaint states causes of action for (1) unpaid wages and overtime, (2) failure to provide accurat...

Excerpt: ...ed the movmg and opposition papers. RULNG The motion is DENIED BACKGROUND On February 1 2023, plaintiff Villa Catalina South I LLC brought this unlawfi_ll detainer action against defendants Anne C Thurman and David Thurman. On February 24: 2023: the coult granted plaintiffs application for order to post. On March 23, 2023: default was entered: and a judgment was signed for possession of the premises. On March 30, 2023, a writ ofpossession was Iss...

Excerpt: ...The demurrer is sustained with 20 days leave to amend as to the 2nd, 3rd, 4th, 5th, 9th, 11th, 12th, 13th, 14th, 15th, 16th, 194 20th, 21st, 224 23" 24th, 25th, 26th, 274 28th, and 29±.affinnative defenses. The demurrer is sustained without leave to anlend as to the 3 1 ? affirmative defense. The demurrer is overruled as to 6th, 7th, 8th: 17th, 30th, 32nd, 33rd: and 34th affirmative defenses. BACKGROUND On January 1 1 2023, plaintiffs Derek and ...

Excerpt: ...ntal briefs (as to Ochoa v. Ford Motor CQ). The hearing had been continued from March 28, 2023 to allow defendant to file supplemental evidence or declaration. On April 27 2023, the hearing was continued at the request of defendant RULING The motion is DENIED BACKGROUND On August 22: 2022: plaintiff Michael Guerrero filed a complaint against Nissan North America: Inc. for (1) Song-Beverly Act, (2) Magnuson-Moss Act, and (3) breach of express warr...

Excerpt: ... a petition for leave to present late govemmental claims. LEGAL AUTHORITY Before a suit for damages may be filed against a public entity , a claimant must present a timely 'vritten claim to the public entity and die claim must have been acted upon by the board or deemed rejected. Gov_ Code 5945.4; Munoz v. State of Cal. (1995) 33 Cal. App. 4th 1767: 1777 _ A claim relating to a cause of action for injury to person or personal property must be pre...

Excerpt: ...ING The motion is GRANTED. Plaintiff Is ordered to file her FAC within five days BACKGROUND On October 1 1 , 2022, Alexis Mikayla Rodriguez filed a complaint against Los Angeles County Metropolitan Transponation Authority CLACMTA") for (1) negligence (Gov. Code #15.2): (2) violation of Vehicle Code: and (3) negligence (Gov. Code 5820(a)) based on a motor vehicle accident with a bus on August 3:2022. On January 10: 2023: LACMTA filed a cross-compl...

Excerpt: ...iled. RULNG The demurrer to the complamt is SUSTAINED 20 DAYS LEAVE TO AMEND. The motion to strike is G-mNTED UITHOUT LEAVE TO AMEND. The claim for punitive damages is STRICKEN _ BACKGROUND On December 28, 2022, plaintiff Janae Bellamy (self-represented) filed a complaint against defendant Maltin Luth King: Jr.: Community Hospital for general negligence. LEGAL AUTHORITY Demurrer lVhen considering demurrers: courts read the allegations liberally a...

Excerpt: ...TATEMENT OF FACTS On October 29, 2014, defendant and plamtiff entered into a residential lease agreement for Apartment 4 at 10425 Crenshaw Boulevard in the Civ of Inglewood. Decl. Katie LeGardye, Exh. A. Thereafter, on June 1, 2021, September 1, 2021, and June 11, 2022, plaintiff executed separate lease agreements for other tenants withm the same building and for similar units as to that which is occupied by defendant ld. at Para. 2,3; Exh. B. A ...

Excerpt: ...e motion to strike is DENIED _ BACKGROUND On February 9, 2022, plaintiff TelcoLynx: LLC and The Roosk Group Inc. filed a complaint against Jamie McDaniel, Friendly Llama, Inc. Diane Zane: and Zane Consulting: Inc. for (1) breach of contract: (2) breach of covenant of good faith and fair dealing: (3) breach of fiduciary duties, (4) fraud, (5) rescission of contract: and (6) unjust enrichment On June 28, 2022: plaintiffs filed a FAC_ On August 12, ...

Excerpt: ...d the movmg, opposition: and reply papers. RULNG The demurrer is OVERRULED as to the and yd causes of action in the Six-dl Amended Complaint _ The motion to strike is WTHOUT LEAVE TO AMEND as to the claim for punitive damages. Defendant Wasserman is ordered to file an answer within ten days. BACKGROUND On September 10, 2021 , plaintiffs A _ Terry Ivan and Neal S. Ivan filed a complaint against defendants Ronald T. Wasserman and Fumiko Wasserman f...

Excerpt: ...defendants are set aside and vacated. Plaintiff is ordered to file the supplemental complaint within five days. The clerk is to issue an amended or supplemental summons pursuant to CCP 5412_10_ Service of the supplemental summons and complaint shall be made m the manner provided for the Initial service of a summons by this code. BACKGROUND On December 1 1 2018, plaintiff Hank Hung-Quoc Mal filed a complaint against ADG Investrnent Company, Franci...

Excerpt: ...ors LLC, Omega Community Labor Union: Marcus Asay Fernando Pena, and Antonio Gastelum Motion for Leave to File First Amended Complaint to Include Additional Damages The Court considered the moving papers and the non-oppositiom RULING The motion is GFUNTED_ BACKGROUND Plaintiff Javes, Inc. filed this action on March 24, 2022 against Defendants Omnis Benefit Plan Administrators LLC, Omega Community Labor Union: Marcus Asay: Femando Pena, and Antoni...

Excerpt: ...strike is GFUNTED WITHOUT LEAVE TO AMEND. The STRIKES prayer for punitive damages at para_ BACKGROUND On January 12: 2023, plaintiffr Freddy Rivera and Gladis Gutierrez filed a complaint against Dennis Castillo and Adela Castillo for motor vehicle negligence based on an incident that occurred on May 22, 2022 at Crenshaw Blvd. and Lomita Blvd. in Torrance. LEGAL AUTHORITY The court may, upon a motion, or at any time in its discretion, and upon ter...

Excerpt: ...ourt considered the movmg, opposition: and reply papers. RULNG The motion is GRANTED. The demult entered on November 14, 2022 is set aside and vacated. Defendant Grace Memorial is ordered to file and serve a responsive pleading forthwith. BACKGROUND On May 27, 2021, plaintiff Lee Cynthia Wynder: Vincent Wynder: and Latonya Renay Wynder filed a complaint against Grace Memorial Chapel and Funeral Home: Inc.: New Gardens Memorial Chapel & Funeral Ho...

Excerpt: ...NTED. The demult entered on October 12, 2022 and the default udgment entered on October 13, 2022 are vacated and set aside. Defendant is ordered to file a responsive pleading within five days. BACKGROUND On June 15, 2022, plaintiff Hongchun Ma filed a complaint against Feng Jun Li for common counts. On October 12, 2022, a default was entered. On October 13 2022, a demult judgment was entered. On January 9, 2020, a default judgment was entered aga...

Excerpt: ...action and SUSTAINED WITH20DAYSLEAVE TO ANIENDastot_he31d 4th and Themotiontostrlkeis DENIED BACKGROUND On November 22, 2022, plaintiff S.W_ filed a complaint against defendants Ginder Marshall, M.D_, an individual, and Ginder Marshall: M_D_, a professional corporation for (1) sexual assault and battery: (2) IKED, (3) medical batten' : (4) failure to obtain Informed consent, and (5) negligent misrepresentation. LEGAL AUTHORITY Demurrer lVhen cons...

Excerpt: ...te Insurance Company is ordered to file its complaint-in-mtervention within five days. BACKGROUND On September 20, 2020, plaintiff Paull Quiroa filed a complaint against Prime Wheel for general negligence and products liability as to a bed bunk incident on October 5, 2018. On October 5, 2020, plaintiff filed a FAC adding IKEA North America Services, LLC, IKEA Distribution Services, [nc„ and Dorel Asia dba Dorel Asia: Inc. as defendants. DISCUSS...

Excerpt: ...the moving, opposition, and reply papers and the notice of new authority. The hearing was continued to allow defendant Downey Import Cars, Inc. to file an answer or amended answer as the answer filed on August 8, 2022 was ambiguous and inconsistent as to whether it was filed by one or two defendants. Defendants filed a joint stipulation to include defendant Downey Import Cars, Inc. dba Downey Nissan as a defendant in the herein motion to compel a...

Excerpt: ... Motion to Compel Arbitration and Stay the Action The court considered the moving, opposition, and reply papers and plaintiff's notice of supplemental authority. RULING The motions are DENIED. BACKGROUND On November 2, 2022, plaintiff Jonah J. McKinley filed a complaint against FCA US, LLC for violations of statutory obligations under the Song-Beverly Consumer Warranty Act and Magnuson-Moss Warranty Act and against and Scott Robinson Chrysler Dod...

Excerpt: ...H 20 DAYS LEAVE TO AMEND as to the complaint and each of the causes of action. BACKGROUND On January 10, 2023, plaintiff Hector Gutierrez (self-represented) filed a complaint against defendant Inner City Education Foundation for (1) general negligence, (2) intentional tort, and (3) sexual assault and battery. LEGAL AUTHORITY When considering demurrers, courts read the allegations liberally and in context. Taylor v. City of Los Angeles Dept. of Wa...

Excerpt: ...ers. No opposition was filed. RULING The motion is GRANTED. Receiver Stephen Donell is authorized to sell the property at 2905 and 2909 N. Sepulveda, Manhattan Beach to Benjamin Soleimani in accordance with the proposed Purchase and Sale Agreement and such sale is confirmed in accordance with CCP §568.5. BACKGROUND On March 27, 2019, Carol Jean Thompson, derivatively on behalf of McEntyre Family Properties, LLC, filed a complaint against Delmer ...

Excerpt: ...apers and plaintiff counseVs supplemental declaration and oral argument RULNG The motion to expunge lis pendens is GRANTED BACKGROUND On October 22, 2015, plaintiff Ivan K Stevenson filed a complaint against Wai Ching Shilon aka Anne Shilon and Moti Shilon for negligence, breach of oral contract, breach of Implied contract: fraud, personal injury: and property damage. On October 1 S, 2016, plaintiff filed a First Amended Complaint On May 1 , 2017...

Excerpt: ... (2) Summary Judgment on its Claim for Declaratory Relief and All Claims in FACC The court considered the movmg, opposition: and reply papers. RULNG The motion is DENIED in its entirety. BACKGROUND On May 25, 2021 plaintiff Stem Realty 1 LP d'b/a 2955 Columbia Street Associates filed a complaint against Lodi Realty, L.P for (1) continuing trespass: (2) continumg nuisance, (3) declaratory relief, and (4) unjust enrichment On July 8, 2021, Lodi Rea...

Excerpt: ...AINED WTH 20 DAYS LEAVE TO AMEND. BACKGROUND On January 13: 2023, plaintiffE1issa Riley (self-represented) filed a complaint against Avana Rancho Palos Verdes and GSIC II Palos Verdes Ovmer: LP for breach of contract and nuisance. LEGAL AUTHORITY lVhen considering demurrers: courts read the allegations liberally and in context. Taylor v. City ofLos Angeles Dept of Water and Power (2006) 144 Cal. App. 4th 1216: 1228. "A demurrer tests the pleading...

Excerpt: ...G The motion is DENIED BACKGROUND On December 8, 2022, plaintiff Ibeül Jennifer Meza filed a complaint against American Honda Motor Company for violations of statutory obligations under die Song-Beverly Consumer Warranty Act LEGAL AUTHORITY Under CCP 1281: a "Mitten agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid: enforceable and revocable, save upon such grounds as exist for the revocation...

Excerpt: ...he pleadings is DENIED BACKGROUND On June 16, 2021, Marcia Pyin-Shan Chiang filed a complaint against Joseph Yeh aka Joseph Cha- Dea Yeh: IDJ Enterprise Inc.: and Grandtower Group Inc. for (1) breach of contract: and (2) declaratory relief and cancellation of instruments. On July 7 2021 the case was deemed related to 21TRCV00414 (Yokohama Group, Inc. v _ Marcia Pyin-Shan Chiang) On August 6, 2021 a default was entered against defendants. On 15 , ...

Excerpt: ...is SUSTAINED WTH 20 DAYS LEAVE TO AMEND. BACKGROUND On September 14: 2022: plaintiff Danny Morris filed a complaint against Allegiant Air, LLC and Does 1 through 20 for (1) negligence (agamst Does), (2) negligent hinng, retention: and supervision: (3) negligence (against Allegiant): and (4) gross negligence. On November 10, 2022, the case was transferred to Dept M from the PI Hub. LEGAL AUTHORITY lVhen considering demurrers: courts read the alleg...

Excerpt: ...is SUSTAINED WTH 20 DAYS LEAVE TO AMEND. BACKGROUND On September 14: 2022: plaintiff Danny Morris filed a complaint against Allegiant Air, LLC and Does 1 through 20 for (1) negligence (agamst Does), (2) negligent hinng, retention: and supervision: (3) negligence (against Allegiant): and (4) gross negligence. On November 10, 2022, the case was transferred to Dept M from the PI Hub. LEGAL AUTHORITY lVhen considering demurrers: courts read the alleg...

Excerpt: ...dered the movmg, opposition: and reply papers. RULNG The motion is DENIED BACKGROUND On May 13, 2021, plaintiff Melinda Lou Minkus filed a complaint against defendant Rodnei Da Silva Lopez for motor vehicle negligence. Plaintiff alleges she was lav.ftlly and properly crossing the north crosswalk of Monterey Boulevard heading westbound on Pier Avenue in the City of Hermosa Beach, Califomia, when defendant negligently drove his motor vehicle into p...

Excerpt: ...e court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. The court orders defendant's first amended answer STRICKEN, and default issued against defendant. BACKGROUND On May 13, 2021, plaintiff Melinda Lou Minkus filed a complaint against defendant Rodnei Da Silva Lopez for motor vehicle negligence. Plaintiff alleges she was lawfully and properly crossing the north crosswalk of Monterey Boulevard heading westbound...

Excerpt: ...bert Dobson Motion to Compel Responses to First Set of Special Interrogatories and First Set of Inspection Demands The court considered the moving papers. Plaintiffs filed no opposition. RULING The motion is GRANTED. Plaintiffs' counsel is ordered to pay sanctions to defendant, by and through counsel of record, in the total amount of $1,320, within twenty days. BACKGROUND On January 6, 2020, plaintiffs Shawn Ellis, John Ellis, Genevieve Ellis, We...

Excerpt: ...ion and Stay the Action The Court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. BACKGROUND On October 28, 2022, plaintiff Lavale Graham (“Plaintiff”) filed a representative action for Civil Penalties Pursuant to Labor Code § 2699, et seq. for violations of Labor Code §§ 201, 202, 203, 204 et seq., 210, 221, 226(a), 226.7, 227.3, 510, 512, 558(a)(1)(2), 1194, 1197, 1197.1, 1198, 2802, California Code of ...

Excerpt: ...to expunge lis pendens is GRANTED. BACKGROUND On October 22, 2015, plaintiff Ivan K. Stevenson filed a complaint against Wai Ching Shilon aka Anne Shilon and Moti Shilon for negligence, breach of oral contract, breach of implied contract, fraud, personal injury, and property damage. On October 18, 2016, plaintiff filed a First Amended Complaint. On May 1, 2017, plaintiff filed a Second Amended Complaint. On January 16, 2018, filed amendments desi...

Excerpt: ...g papers. No opposition was filed. RULING The motion is GRANTED. Plaintiff Abiodun Owosibo is ordered to appear for his deposition within ten days, either in person or remotely, as allowed under CCP §2025.310, on a mutually agreed date and time. The court orders that plaintiff Owosibo pay sanctions in the amount of $840.00 to defendant, within 30 days. BACKGROUND On July 21, 2020, plaintiff Abiodun Owosibo filed a complaint against Universal Pro...

Excerpt: ...ividual PAGA Claims to Arbitration and to Dismiss Representative PAGA Claims or, Alternatively to Stay the Representative PAGA Claims The court considered the motion, opposition, and reply. RULING The motion is GRANTED IN PART and DENIED IN PART. Plaintiff Joana Flores is ordered to arbitrate her individual PAGA claims. The representative PAGA claims are stayed. BACKGROUND On June 10, 2021, plaintiff Joana Flores, individually and on behalf of ot...

Excerpt: ...pposition, and reply papers. RULING The demurrer is OVERRULED. Defendant is ordered to file an answer within 20 days. BACKGROUND On August 19, 2022, Kelly Darley and Vincent Darley filed a complaint against American Honda Motor Co., Inc. for violation of statutory obligations. On October 7, 2022, plaintiffs filed a FAC for (1) violation of Civil Code 1793.2(d); (2) violation of Civil Code 1793.2(b); (3) violation of Civil Code 1793.2(a)(3); (4) b...

Excerpt: ... The court considered the moving, opposition, and reply papers. RULING The demurrer is OVERRULED as to the 1 st, 2 nd, and 3 rd causes of action in the complaint. The motion to strike is DENIED. Defendant is ordered to file an answer within 20 days. BACKGROUND On November 14, 2022, plaintiffs Alameda Construction Services, Inc. and ACS Investments LLC filed a complaint against California Water Service Company for (1) continuing nuisance, (2) cont...

Excerpt: ... the moving papers. No opposition was filed. RULING The motions are GRANTED. Defendants Jennifer Benitez and Sade Benitez are ordered to serve on plaintiff Carolyn Hemker verified responses without objections to plaintiff's Form Interrogatories – Unlawful Detainer, Set One, Special Interrogatories, Set One, and Requests for Admission, Set One, within 5 days. Defendants Jennifer Benitez and Sade Benitez are ordered (1) to serve on plaintiff a ve...

Excerpt: ...papers. RULING The motion is GRANTED IN PART and DENIED IN PART as stated below. BACKGROUND On June 15, 2018, plaintiffs Kevin J. May, Albert Carlos, Miguel Lozano, and Anthony Digiorgio filed a complaint against City of Los Angeles, Los Angeles World Airports Police Department, and Chief David Maggard, Jr. for (1) disability discrimination – disparate treatment, (2) disability discrimination – disparate impact, (3) failure to prove reasonabl...

Excerpt: ...r to the amended answer is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to each of defendant's affirmative defenses. BACKGROUND On November 7, 2022, plaintiff Brittany Harman filed a complaint against Kaleo Marketing, LLC and Michael Oberlander for (1) pregnancy discrimination, (2) retaliation for taking pregnancy leave, (3) violation of Family Rights Act, (4) violation of pregnancy disability leave, (5) disability discrimination, (6) failure to enga...

Excerpt: ...int against Deputy Sheriff Marcello Curko for slander/libel and IIED. Plaintiff alleges that on November 9, 2021, defendant rudely called plaintiff and said that “there is an outstanding warrant for your arrest which he has filed it with Torrance District Attorney's Office on behalf of attorney Marsh for eavesdropping and illegal tape recording conversation.” Plaintiff asked defendant what actual tape recording evidence he had. On November 15...

Excerpt: ...reply papers. RULING The demurrer is OVERRULED as to the 1 st and 2 nd causes of action in the cross-complaint. Cross- complainant is ordered to file an answer within ten days. BACKGROUND On August 25, 2022, plaintiff 1008 The Strand LLC filed a complaint against Steel Partners, Ltd by Warren Lichtenstein for (1) breach of contract and (2) common count – open book. On October 21, 2022, Steel Partners, Ltd. filed a cross-complaint against 1008 T...