Excerpt: ...Demurrer to Complaint (2) Motion to Strike The court considered the moving and opposition papers. RULING The demurrer is deemed MOOT as to plaintiff Marcelo Enriquez as he has been dismissed. The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 7 th cause of action for NIED. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND as to prayer for attorney's fees. Defendants are ordered to file an answer within ten days. BACKGROUND On October...

Excerpt: ...tion as to the 1 st cause of action for specific performance is DENIED. BACKGROUND On June 1, 2018, plaintiff Frank Khulusi filed a complaint against Leon Katz and Sharon Katz for specific performance and breach of contract. On September 24, 2019, the court granted defense counsel's motion to be relieved as counsel. On January 22, 2020, at the OSC re appointment of arbitrator and status conference re arbitration, plaintiff's counsel represented t...

Excerpt: ...nd SUSTAINED WITHOUT LEAVE TO AMEND as to the 4 th cause of action. Defendant Tony Oliva is ordered to file an answer within ten days. BACKGROUND On June 13, 2019, plaintiff Marisol Marcus filed a complaint against Tony Oliva and Michael Grant Construction Services, Inc. for (1) sexual battery in violation of Civil Code 1708.5, (2) battery, (3) IIED, (4) negligence, and (5) negligent hiring. On September 3, 2020, the court granted Tony Oliva's mo...

Excerpt: ...g, opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On December 26, 2012, Wells Fargo Bank filed a complaint against Sherri Taylor. On May 13, 2013, a default was entered against defendant. On May 15, 2013, a default judgment was entered against defendant for a total judgment of $39,120.70. On February 19, 2016, plaintiff filed a satisfaction of judgment-partial in the amount of $1935. On February 4, 2022, defendant filed the...

Excerpt: ...UND On September 14, 2021, plaintiff Jane Doe M.C. filed a complaint against Doe 1, Doe 2, Doe 3, and Does 4 to 50 for (1) childhood sexual assault, (2) sexual battery, (3) IIED, (4) negligent, (5) negligent retention/supervision/failure to warn, and (6) breach of fiduciary duty. Plaintiff alleges that in or around approximately 1957-1963, plaintiff, then a minor, was attending church services and related church events at Doe 2 when she became ac...

Excerpt: ...reply papers. RULING The motion is DENIED. BACKGROUND On October 29, 2020, plaintiff Gerhard Benthin, Jr. filed a complaint against Hilda Vargas and Ulysses Llanez Perez for (1) breach of written contract, (2) quantum meruit, (3) common count- services rendered, (4) common count – money had and received, and (5) fraud. Plaintiff alleges that on October 4, 2012, plaintiff and defendants entered into a written contract entitled Standard Coach/Soc...

Excerpt: ...ion for Preferential Trial Setting The court considered the moving and opposition papers. RULING The motion is DENIED WITHOUT PREJUDICE. BACKGROUND On February 4, 2021, plaintiff Gurmaij Sall filed a complaint against Homewood Suites by Hilton Los Angeles International Airport, Koar Airport Associates, LLC, Hilton Worldwide, Inc., Joyner Zecena, and Eguardo Aguayo for negligence and premises liability. Plaintiff alleges that on February 7, 2019, ...

Excerpt: ... court considered the moving, opposition, and reply papers. The hearing was continued from February 17, 2022 for supplemental briefing. RULING The motion is DENIED. BACKGROUND On February 10, 2020, plaintiff Nicole Barnes filed a complaint against Warner Brothers Entertainment, Inc. and Eye Productions, Inc. for (1) battery, (2) negligence, and (3) premises liability. Plaintiff alleges that this is an action for personal injuries arising out of a...

Excerpt: ..., opposition, and reply papers. RULING The motion for summary judgment is DENIED. The motion for summary adjudication is DENIED. BACKGROUND On February 1, 2017, plaintiff Stephen Eiges filed a complaint against defendants All American Asphalt, The Albert Gross Limited Partnership, dba Westway Auto Dismantlers, Inc. for (1) negligence, (2) premises liability, (3) negligent infliction of emotional distress, and (4) intentional tort. On October 17, ...

Excerpt: ... court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. BACKGROUND On February 10, 2020, plaintiff Nicole Barnes filed a complaint against Warner Brothers Entertainment, Inc. and Eye Productions, Inc. for (1) battery, (2) negligence, and (3) premises liability. Plaintiff alleges that this is an action for personal injuries arising out of an incident on April 1, 2019. She alleges that she is an actress and was in ...

Excerpt: ...ING The demurrer to the SAC is OVERRULED as to the 1 st through 3 rd causes of action. The demurrer is moot as to the 4 th cause of action as the court overruled it as to the FAC. Defendant Rita Collins is ordered to file an answer within 15 days. BACKGROUND On April 9, 2020, plaintiffs Randy Malveau and Erma Malveau filed a complaint for preliminary and permanent injunctions and for damages against Earl Collins, Rita Collins, and County Recorder...

Excerpt: ..., and reply papers. RULING The motion for summary judgment is DENIED. The motion for summary adjudication is GRANTED as to the 1 st cause of action for professional negligence and DENIED as to the 2 nd cause of action for breach of fiduciary duty. BACKGROUND On December 9, 2019, plaintiff Geoffrey Baker filed a complaint against Cummings & Franck, P.C. for (1) professional negligence, and (2) breach of fiduciary duty. LEGAL AUTHORITY The function...

Excerpt: ...ication (filed on January 21, 2021) The court considered the moving, opposition, and reply papers. RULING The motion for summary judgment is GRANTED only as against plaintiff Ella Alford; otherwise, it is DENIED. The motion for summary adjudication is DENIED as to the 1 st cause of action for general negligence and GRANTED as to the 2 nd cause of action for lack of informed consent. BACKGROUND On August 28, 2019, Ella Alford and Raymoni Gordon (s...

Excerpt: ...is deemed to be the motion. RULING The motion is DENIED. BACKGROUND On December 17, 2018, plaintiff Kathleen Thompson filed a complaint against The Terraces Homeowners Association for (1) breach of conveyance, conditions, and restrictions, (2) nuisance, and (3) negligence. Plaintiff alleges that Terraces HOA breached its obligation to maintain the common areas in a good condition by allowing the common area slope, sub-adjacent to plaintiff's prop...

Excerpt: ...court considered the motion, opposition, and reply papers. RULING The motion is GRANTED. The lis pendens are EXPUNGED. CCP §§405.31 and 405.32. Plaintiffs are ordered to pay reasonable attorney's fees and costs in the amount of $5435 to non-party Vijelas, LLC. BACKGROUND On October 22, 2021, plaintiff Wedgewood, LLC and Neighborhood Stabilization, LLC filed a complaint against Griselda Ruiz, Briselda Ruiz, and Vijelas, LLC for (1) misappropriat...

Excerpt: ...RANTED. The action is STAYED. BACKGROUND On September 21, 2021, Toya Ladwan Jackson filed a complaint against Lebo Automotive Inc. dba Manhattan Beach Toyota for violation of Song-Beverly Consumer Warranty Act. LEGAL AUTHORITY Under CCP § 1281, a “written 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 of any c...

Excerpt: ...the moving, opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On September 12, 2016, plaintiffs Jackie Robinson and Mozella Robinson filed a complaint against Digestive Care Consultants, Dr. Hool, Dr. Chung, Timothy T. Tran, M.D., and Neil H. Bhayani, M.D. for professional negligence, NIED (bystander victim and direct victim), and loss of consortium. In the complaint, plaintiffs allege that in 2015, plaintiff Mozella Robinson ...

Excerpt: ...f Arbitration Proceedings The court considered the moving, opposition, and reply papers. RULING The motion to compel arbitration is GRANTED. The case is STAYED. BACKGROUND On June 30, 2021, plaintiff Murray Plumbing and Heating Corporation, dba Murray Company filed a complaint against S E Pipe Line Construction Company, Turner-PCL, a Joint Venture, and Los Angeles World Airports to enforce stop payment notice, breach of contract, breach of oral c...

Excerpt: ...ile a declaration in compliance with CCP §2015.5. Plaintiff's declaration is missing, “I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.” BACKGROUND On July 8, 2019, plaintiff Deborah J. Waltrip (self-represented) filed a complaint against American Airlines, Inc. On January 10, 2020, plaintiff filed a FAC for general negligence. Plaintiff alleges that on July 12,...

Excerpt: ...red the moving, opposition, and reply papers. Defendant Lorton did not file an opposition. RULING The motion for summary judgment is GRANTED. BACKGROUND On August 19, 2019, plaintiff All American Asphalt filed a complaint against Dennis Lorton and SW Westchester Land, LLC for (1) breach of contract, (2) foreclosure of mechanic's lien, (3) services rendered and goods, wares, and merchandise sold and delivered, (4) open book account, and (5) accoun...

Excerpt: ...file his cross-complaint within five days. BACKGROUND On May 5, 2021, plaintiff Danny One Yamnitsky filed a complaint against Javier Ordonez for (1) specific performance and (2) declaratory relief. Plaintiff alleges that on April 7, 2021, the parties entered into a written California Residential Purchase Agreement and Joint Escrow Instructions wherein defendant agreed to sell to plaintiff real property at 1938 West 146 th Street, Gardena for $1 m...

Excerpt: ... and reply papers. RULING The motion is DENIED. BACKGROUND On September 12, 2016, plaintiffs Jackie Robinson and Mozella Robinson filed a complaint against Digestive Care Consultants, Dr. Hool, Dr. Chung, Timothy T. Tran, M.D., and Neil H. Bhayani, M.D. for professional negligence, NIED (bystander victim and direct victim), and loss of consortium. In the complaint, plaintiffs allege that in 2015, plaintiff Mozella Robinson began to experience som...

Excerpt: ...rer is SUSTAINED WITHOUT LEAVE TO AMEND. Defendant is to submit proposed judgment of dismissal. BACKGROUND On September 23, 2021, plaintiff Damian Walters (self-represented) filed a complaint against John Doe for intentional tort. On November 19, 2021, plaintiff filed a FAC against Juan Prieto for (1) intentional tort and (2) negligence. LEGAL AUTHORITY When considering demurrers, courts read the allegations liberally and in context. Taylor v. Ci...

Excerpt: ...Request for Production of Documents, Set No. 5 (3) Motion to Compel Responses to Special Interrogatories, Set No. 5 (4) Motion to Compel Responses to Request for Production of Documents, Set No. 6 The court considered the moving, opposition, and reply papers. RULING The motions are DENIED AS MOOT. Plaintiff and plaintiff's attorney of record Strongin Berger are ordered to pay sanctions in the amount of $570 to each defendant for both motions, wit...

Excerpt: ...tion is GRANTED WITH 20 DAYS LEAVE TO AMEND as to the 2 nd and 3 rd causes of action. BACKGROUND On August 17, 2020, plaintiff Michael Monsalve filed a complaint against Eric Edenholm, Jaynette “JJ” Denham, Zoey Air LLC, and Imports of Scottsdale LLC for (1) conversion, (2) fraud – intentional misrepresentation, and (3) fraud – false promise. On April 20, 2021, defense counsel was relieved as counsel. The court granted plaintiff's motions...