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: ...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: ...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: ...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: ..._______, 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: ...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: ...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: ...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: ...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: ...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...