Excerpt: ... to file her Second Amended Complaint within five days. BACKGROUND On August 9, 2022, Tania Godfrey (self-represented) filed a complaint against Glaxo Smith Kline, LLC for general negligence and products liability. Plaintiff alleges that she started taking the antidepressant Bupropion HCL XL 150 mg on November 9, 2021 and discontinued use on February 15, 2022. When she was on it, her suicidal ideation increased and she attempted suicide unsuccess...

Excerpt: ... The court considered the moving, opposition, and reply papers. RULING The motion to strike is DENIED. 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 February 24, 2022, the court granted with leave to amend defendant Jaynette D...

Excerpt: ... demurrer is OVERRULED as to the 1 st, 2 nd, 3 rd, 5 th, and 9 th causes of action and SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 8 th cause of action. The motion to strike is GRANTED WITH 20 DAYS LEAVE TO AMEND as to the allegations and prayer for punitive damages and DENIED as to the prayer for attorney's fees. BACKGROUND On September 30, 2022, plaintiff Darren Victorian filed a complaint against Steven D. Kennedy and Susan Elizabeth Kenne...

Excerpt: ...d the moving, opposition, and reply papers. RULING The motions are MOOT. Defendant is ordered to pay additional filing fees in the amount of $120. BACKGROUND On October 19, 2021, plaintiff First Transit, Inc. filed a complaint against LAZ Parking California, LLC for (1) breach of contract, (2) quantum meruit, and (3) common counts. On January 11, 2022, plaintiff filed a FAC for (1) breach of contract and (2) common counts. On March 2, 2022, plain...

Excerpt: ...otion for Leave to File a First Amended Complaint (filed on October 17, 2022) The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED except as to the proposed 3 rd cause of action against County for negligent hiring, retention, and supervision and claim for punitive damages under prayer (3) for punitive and exemplary damages as to the 1 st, 4 th, and 5 th causes of action, where such amendments would be futile...

Excerpt: ...Complaint The court considered the moving, opposition, and reply papers. RULING The motion to strike is DENIED. Defendant is ordered to file an answer within ten days. BACKGROUND On September 16, 2022, plaintiff Behrens and Associates, Inc. filed a complaint against Travelers Property Casualty Company of America for (1) declaratory relief, (2) breach of contract, (3) breach of the duty of good faith and fair dealing, (4) equitable contribution, (...

Excerpt: ... BACKGROUND On September 26, 2022, plaintiff 211 Crystal Cove Apts LLC filed a UD complaint against Devin Kelly based on three-day notices to pay rent or quit for 211 Yacht Club Way, Unit no. 327, Redondo Beach, CA 90277 for notices demanding rent for November and December 2021 and January, February, and March 2022 and April and May 2022. LEGAL AUTHORITY CCP §418.10 states: “(a) A defendant, on or before the last day of his or her time to plea...

Excerpt: ...in five days. BACKGROUND On May 16, 2019, plaintiff Jeff Widmann filed a complaint against Edward Leung, ind. and as trustee for Leung Edward T. Trust for (1) breach of contract, (2) breach of implied covenant of quiet enjoyment, (3) breach of covenant of good faith and fair dealing, (4) nuisance, (5) negligence, and (6) unfair business practices in violation of Bus. & Prof. Code §17200. On August 7, 2019, plaintiff filed a FAC. Plaintiff allege...

Excerpt: ...LING The motion is GRANTED WITH 20 DAYS LEAVE TO AMEND as to the 1 st and 2 nd causes of action and GRANTED WITHOUT LEAVE TO AMEND as to the 3 rd cause of action in the complaint. BACKGROUND On March 1, 2022, plaintiffs Martin B. Canter, aka Matador Professional Services and Roselle Maria Clark, aka Rnqueen Nursing Consultants, Inc. (self-represented) filed a complaint against Ketan Patel, Jayshree Patel, aka Purview Hospice & Palliative Care, an...

Excerpt: ...ply papers and status report. RULING The motion GRANTED. The court strikes plaintiff's complaint. 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, plaintiff was lawfully on the premises ...

Excerpt: ...ive Damages and Add Parties The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. Plaintiff is ordered to file the FAC within five days. BACKGROUND 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 – negl...

Excerpt: ...nsidered the moving and opposition papers. RULING The motions to strike are DENIED. BACKGROUND On September 1, 2022, plaintiff Kaila M. Gutierrez, a minor by and through her parent and guardian ad litem, Nikkie Parra Dowding, filed a complaint against defendants Juden C. Valdez, M.D., UHS of Delaware, Inc., and Del Amo Hospital, Inc. for (1) medical negligence/malpractice and (2) premises liability – failure to protect from criminal acts of thi...

Excerpt: ...ered to file an answer within five days. BACKGROUND On December 13, 2022, plaintiff Venice Dreams, LLC filed a complaint for unlawful detainer against Maya Peak based on a three-day notice to pay rent or quit for the property at 740 Glenway Dr., #3, Inglewood for the period October 1, 2021 through November 30, 2022. LEGAL AUTHORITY When considering demurrers, courts read the allegations liberally and in context. Taylor v. City of Los Angeles Dept...

Excerpt: ...ourt considered the moving, opposition, and reply papers. The court declines to consider the additional evidence submitted in plaintiffs' reply brief and supplemental declaration, as improperly submitted. RULING The motion is GRANTED. BACKGROUND On February 5, 2019, Kurt Baker, individual dba as Riviera Fitness, LLC and Dustin Holcomb, ind. dba as Riviera Fitness, LLC filed a complaint against Redondo Riviera Associates, LLC for (1) fraud, (2) br...

Excerpt: ...LING The motion is GRANTED. Judgment debtor Milagros J. Macaraig D.D.S. Inc. dba All Smiles Dental is ordered to respond to plaintiff and judgment creditor Business GPS LLC's Request for Production of Documents without objections and to produce responsive documents within 20 days. The court orders that judgment debtor Milagros J. Macaraig D.D.S. Inc. dba All Smiles Dental pay sanctions in the amount of $610 to plaintiff and judgment creditor Busi...

Excerpt: ... August 23, 2022, the court scheduled the hearing on the petition for writ of mandate for January 24, 2023 and set a briefing schedule: opening brief due December 12, 2022; opposition by December 27, 2022; and reply by January 9, 2023. Plaintiff did not file an opening brief or a reply. RULING The petition for writ of mandate is DENIED. BACKGROUND On January 15, 2020, plaintiff Michael Frilot filed a complaint against defendants City of Hermosa B...

Excerpt: ... Review Hearing Date Pending Motion Resolution The court considered the moving, opposition, and reply papers. RULING The motion is DENIED. The OSC re dismissal will remain set for February 24, 2023. BACKGROUND On June 12, 2020, plaintiffs Davon Dean, Hugo Aceves, and Juan Abel Gomez filed a complaint against Lennox School District, Estate of Kent Taylor, deceased, and Janet Taylor, successor in interest of Kent Taylor for (1) sexual harassment qu...

Excerpt: ...RULING The motion to compel further responses is DENIED WITHOUT PREJUDICE. Counsel are ordered to meet and confer as to any further deficiencies, if any, and to contact the court to arrange for an IDC. Plaintiff is ordered to pay additional filing fees in the amount of $120. The court orders that the 45-day deadline does not apply to motions to compel further responses as to the further second supplemental responses as the original hearing date f...

Excerpt: ...ion was filed. RULING The motion for judgment on the pleadings is GRANTED. See judgment. BACKGROUND On September 13, 2022, plaintiff Sinatra-Castle Point Sponsor Holdings, LLC filed a verified complaint against L5 Odyssey Management, LLC for (1) reformation and (2) declaratory relief. 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 ...

Excerpt: ... is GRANTED WITHOUT LEAVE TO AMEND as to plaintiffs Brenda Session and Lowdean Session as to the FAC. BACKGROUND On June 1, 2021, plaintiffs Brenda Session, Lowdean Session, and Micah Session filed a complaint against Memorial Hospital of Gardena and Los Angeles County Metropolitan Transportation Authority for (1) wrongful death, (2) governmental negligence, and (3) medical malpractice. On May 31, 2022, the court (PI Hub) denied defendant Gardena...

Excerpt: ...the complaint. Defendant is ordered to file an answer within 20 days. BACKGROUND On July 15, 2022, plaintiff Raul Zamora Cruz filed a complaint against Allstar Logo for (1) disability discrimination, (2) failure to provide reasonable accommodation, (3) failure to engage in the interactive process, and (4) wrongful termination in violation of public policy. LEGAL AUTHORITY When considering demurrers, courts read the allegations liberally and in co...

Excerpt: ...on to Strike The court considered the moving, opposition, and reply papers. RULING The demurrers are SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 st, 3 rd, 5 th, and 6 th causes of action, SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 4 th cause of action, and OVERRULED as to the 7 th cause of action. The motions to strike are MOOT as to paras. 40 and 64, GRANTED WITHOUT LEAVE TO AMEND as to para. 57 and prayer for attorney's fees, and GRANTED ...

Excerpt: ...on was filed. RULING The motion is GRANTED. The court ORDERS that the documents lodged by plaintiff on October 11, 2022, which are referenced as “Exhibit 29” in A. Lysa Simon decl. in support of plaintiff's reply to the motion for leave to file a second amended complaint are sealed. At this time, no other records relating to this case are to be sealed. No person other than the court is authorized to inspect the sealed records. CRC Rule 2.551(...

Excerpt: ...osk Group, Inc. is ordered to file its SAC within five days. BACKGROUND On February 9, 2022, plaintiffs 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, plaint...

Excerpt: ...tels Corporation filed an unlawful detainer complaint against Linda Taylor based on a three-day notice to pay rent or quit. Demurrer When considering demurrers, courts read the allegations liberally and in context. Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1216, 1228. “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on th...

Excerpt: ...dered the moving, opposition, and reply papers. RULING The motion is GRANTED. Cross-complainant is ordered to file the proposed FACC forthwith. Cross- defendant is ordered to file a responsive pleading within 15 days of the filing of the FACC. BACKGROUND On May 25, 2021, plaintiff Stern Realty 1, LP d/b/a 2955 Columbia Street Associates filed a complaint against Lodi Realty, L.P. for (1) continuing trespass, (2) continuing nuisance, (3) declarato...

Excerpt: ...d the moving papers. No opposition was filed. RULING The motion is GRANTED. See order below. BACKGROUND On May 18, 2020, Yajaira Chaves, Yadira Gomez, Cristina Parra, and Maria De La Torre filed a complaint against Jessica Tucker, Spencer Kimball Tucker, and American Honda Motor Co., Inc. (“American Honda”) alleging causes of action for (1) Motor Vehicle Negligence (against Jessica Tucker and Spencer Kimball Tucker); (2) Negligence (against A...

Excerpt: ...oving papers. RULING The motion is GRANTED. The court orders that the attorney is relieved as counsel of record for cross-defendants Lucie Idleman, Charles Idleman, and D'Oro Development Inc., effective upon the filing of the proof of service of the signed “Order Granting Attorney's Motion to Be Relieved as Counsel – Civil” (Judicial Council form MC-053) upon the client. An OSC re: why defendant's answer should not be stricken and default e...

Excerpt: ...No opposition was filed. RULING The motion is DENIED. The court restores the case to active status. Defendants are directed to file a responsive pleading within 20 days. The court vacates the OSC hearing regarding dismissal set for May 11, 2023. The court sets an OSC re entry of default for _______________. BACKGROUND On March 10, 2022, plaintiff Broadway Advance, LLC filed a complaint against Superior Trucking A- Z, LLC and Aamir Iftikhar for (1...

Excerpt: ...pers. 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 an incident on April 1, 2019. She alleges that she is an actress and was in full costume on the set of the television show, Jane th...

Excerpt: ...DAYS LEAVE TO AMEND to show revivor. BACKGROUND On December 28, 2021, plaintiff Calstate Construction Solutions, Inc. filed a complaint against New Life Textured Painting Company, Eduardo Padron, and Yolanda Padron for breach of contract and fraud. LEGAL AUTHORITY When considering demurrers, courts read the allegations liberally and in context. Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1216, 1228. “A demurr...

Excerpt: ...dants for Use During Case Proceedings The court considered the moving and opposition papers. RULING The motion is GRANTED in part. The court orders that defendants and plaintiff's counsel coordinate a mutual date and time to view the documents at the courthouse and to coordinate with the clerk as to an available location. BACKGROUND On November 22, 2019, Michael Dyberg filed a complaint against Laura Gehley and Mark Gehley for (1) defamation and ...

Excerpt: ...l Arbitration The court considered the motion, opposition, and reply. RULING The motion is DENIED. BACKGROUND On July 21, 2022, Judith Whitesman, in and through her successor in interest Robert Whitesman, Robert Whitesman, Richard Whitesman, and Deena Whitesman filed a complaint against Avenir Memory Care Westside, Avenir Senior Living, LLC dba Avenir Memory Care Westside, AMCLA GP, Inc. dba Avenir Memory Care Westside, and AMCLA LP dba Avenir Me...

Excerpt: ...ply papers. The hearing was continued from October 14, 2022 to allow counsel to meet and confer as to a stipulation re plaintiff's deposition and testimony at trial and for plaintiff's counsel to provide a declaration from plaintiff's physician as to her inability to appear at a deposition. Neither party has submitted any additional documents for the court's consideration or status update as to the meet and confer and stipulation. RULING The moti...

Excerpt: ... SAC The court considered the moving, opposition, and reply papers. RULING The demurrer to the SAC is OVERRULED. The motion to strike is DENIED. Defendants are ordered to file an answer within fifteen days. 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 act...

Excerpt: ...ion, and reply papers. RULING The motion for summary judgment is DENIED. The motion for summary adjudication is DENIED. BACKGROUND On January 31, 2022, plaintiff Arnold Lutz (self-represented) filed a complaint against County of San Bernardino and San Bernardino Treasurer and Tax Collector for damages. On June 3, 2022, plaintiff filed a request for dismissal as to San Bernardino Treasurer and Tax Collector. LEGAL AUTHORITY The purpose of a motion...

Excerpt: ...ustalvo Arellano, and Corey Emanuel filed a complaint against Jack Goldberg, Millee Goldberg, Jayem Enterprises, Inc., ACME Metals & Steel Supply, Inc., and the trustees of the Goldberg Family Trust Dated April 23, 1997 for (1) fraud in the inducement, (2) breach of oral contract, (3) breach of the covenant of good faith and fair dealing, (4) tortious breach of the covenant of good faith and fair dealing, (5) promise made without intent to perfor...

Excerpt: ...ition, and reply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 3 rd cause of action for intentional misrepresentation and 4 th cause of action for negligent misrepresentation. The demurrer is OVERRULED as to the 5 th cause of action for promissory estoppel. Cross-defendants are ordered to file an answer within ten days. BACKGROUND On November 12, 2020, plaintiff Probelle Enterprises, Inc. filed a complaint against defe...

Excerpt: ...tered by Default, to Set Aside the Order of Dismissal and to Permit the Filing of a Second Amended Complaint The court considered the moving, opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On February 3, 2022, plaintiff Martin G. Torres filed a complaint against Robyn Wonnell, First Magnus Financial Corporation, Trojan Capital Investments, LLC, and Trinity Financial Services, LLC for (1) predatory lending practices, (2) fra...

Excerpt: ...tion for Breach of Warranty in FAC The court considered the moving and opposition papers. RULING The motion to strike is GRANTED IN PART and DENIED IN PART. The court strikes the 3 rd cause of action in its entirety. The motion is DENIED as to plaintiffs' claim for punitive damages and allegations referencing the King case. BACKGROUND On December 30, 2020, plaintiffs Glynis Cynthia Bogda and Michael Leonard Larsen filed a complaint against Toucho...

Excerpt: ...Defendants' Supplemental Expert Witness Designation The court considered the moving, opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On December 6, 2018, plaintiff Prabhakar Reddy filed a complaint against Twenty4Seven Hotels, Corporation for (1) negligence, (2) strict products liability defective manufacturing, (2) strict products liability design defect, and (4) strict products liability defect due to inadequate warning. P...

Excerpt: ...The demurrer is OVERRULED as to the Fourth Amended Complaint. The motion to strike is DENIED. Defendants are ordered to pay additional filing fee for the motion to strike forthwith. Defendants are ordered to file an answer within ten days. BACKGROUND On January 23, 2020, plaintiff Jingqui He, trustee of the He Trust, filed an unlawful detainer action against Douglas L. De Coster and Elsa De. De Coster as to property at 6532 Via Siena, Rancho Palo...

Excerpt: ... Perez and Joe Perez filed a complaint against defendants City of Los Angeles, CST Industries, Inc., CST Covers Industries, Inc., Kiewit Construction, Inc., and Does 1-30. On April 13, 2022, plaintiffs filed an amendment designating Kiewit Infrastructure West Co. as Doe 11. defendant. On April 20, 2022, CST Industries, Inc. filed a cross-complaint against Kiewit Infrastructure West Co. and Kiewit Construction Inc. for indemnification, apportionme...

Excerpt: ...ply papers. RULING The motion is CONTINUED to _________to allow counsel to meet and confer as to a stipulation re plaintiff's deposition and testimony at trial and for plaintiff's counsel to provide a declaration from plaintiff's physician as to her inability to appear at a deposition. BACKGROUND On February 4, 2021, plaintiff Gurmaij Sall filed a complaint against Homewood Suites by Hilton Los Angeles International Airport, Koar Airport Associat...

Excerpt: ...ce Documents Requested; Request to Continue Trial The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. The court orders that the deposition of plaintiff's PMQ Lars Viklund of Nola Properties be resumed within ____ days and that PMQ Viklund respond to questions regarding redevelopment, conditional use permits, and offers to pay and to produce responsive documents. The trials are CONTINUED to 10/26/22 10:00a....

Excerpt: ... and Motion to Compel “All Discovery to Date” The court considered the moving and opposition papers. RULING The demurrer to the first amended answer is OVERRULED. The requests to strike and to compel responses are DENIED WITHOUT PREJUDICE. BACKGROUND On March 1, 2022, plaintiffs Martin B. Canter, aka Matador Professional Services and Roselle Maria Clark, aka Rnqueen Nursing Consultants, Inc. (self-represented) filed a complaint against Ketan ...

Excerpt: ...anta Fe Home Care, Inc. Responding Party: Plaintiffs, Estate of Cecelia Bethel (by and through its personal representative, Anthony Curtis) and Frazer Payton (2) Defendant Gardena Hospital, L.P.'s Demurrer to Plaintiffs' First Amended Complaint; and Motion to Strike Portions of Plaintiffs' First Amended Complaint Moving Parties: Defendant Gardena Hospital, L.P. Responding Party: Plaintiffs, Estate of Cecelia Bethel (by and through its personal re...

Excerpt: ...and reply paper. RULING The motion is GRANTED. Cross-complainant John Christodoro is ordered to respond to cross-defendant Lupe Powell's Amended Form Interrogatories (Set One) within ten days. The court orders that cross-complainant John Christodoro and his attorney of record Bobbi Samini pay to cross-defendant Lupe Powell monetary sanctions in the amount of $560, within 30 days. BACKGROUND On September 8, 2016, Attessa Properties CA LLC filed a ...

Excerpt: ... considered the moving, opposition, and reply papers. RULING The motion for summary judgment is DENIED. BACKGROUND On May 16, 2016, Plaintiff Jeff Widmann filed a omplaint against Defendant Edward Leung, as an individual and as Trustee for Leung Edward T. Trust and Does 1 through 50 alleging six causes of action for (1) breach of contract, (2) breach of implied covenant of quiet enjoyment, (3) breach of covenant of good faith and fair dealing, (4...

Excerpt: ...9, 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, 2017, she was aboard a flight at LAX when upon landing, another passenger was removing her bag from the overhead bin, and it fell and landed on plaintiff's head and necks. The bag was an oversized duffle bag that did not fit the size criterion for...

Excerpt: ...response was filed. RULING The petition is GRANTED. BACKGROUND On April 29, 2022, petitioners 20927 Amie Owner, LLC, 21023 Amie Owner, LLC, 21107 Amie Owner, LLC, 4006 Emerald Owner, LLC, and 21007 Victor Owner, LLC filed a petition for order compelling arbitration against Realty Holdings PSJC LLC, Shikha Vidjeardji, and Perumal Radakichenan. LEGAL AUTHORITY Under CCP § 1281, a “written agreement to submit to arbitration an existing controvers...

Excerpt: ... papers. RULING The motion is GRANTED. Defendant is ordered to produce its PMQ by October 31, 2022 as to all the categories in plaintiff's deposition notice. BACKGROUND On August 7, 2019, plaintiff Maria Gomez filed a complaint against Hyundai Motor America for violations of statutory obligations under the Song-Beverly Consumer Warranty Act. On September 30, 2020, the court overruled defendant's demurrer as to the 2 nd, 3 rd, and 5 th causes of a...

Excerpt: ...ving papers. No opposition was filed. RULING The motion is GRANTED. The dismissal entered on September 28, 2015 is set aside and vacated. Judgment is entered in the amount of $30,797.37, less $4,447.08 in credits, for total of $26,350.29 in favor of plaintiff and against defendant Poorang Mohajer. BACKGROUND On September 27, 2013, National Collegiate Student Loan Trust filed a complaint against Poorang Mohajer. On June 11, 2015, plaintiff filed a...

Excerpt: ... moving, opposition, and reply papers. RULING The motion is GRANTED. LEGAL AUTHORITY Under CCP §598, “[t]he court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order . . . that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the ca...

Excerpt: ...ND 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 motion to quash service of summons as to the proof of service filed on February 24, 2020. On June 1, 2021, the court granted Tony Oliva's motion ...

Excerpt: ...dant's Motion To Quash for Lack of Personal Jurisdiction is DENIED. BACKGROUND On June 7, 2022, plaintiff Dawn Ryerson initiated the present action by filing a complaint against defendant George Neuner and Does 1 through 10. Plaintiff's complaint alleges a single cause of action for conversion against defendants. On July 28, 2022, rather than file an answer in response to plaintiff's complaint, defendant George Neuner filed a motion to quash for ...

Excerpt: ...e Cross-Complaint is GRANTED. BACKGROUND On May 16, 2019, plaintiff Jeff Widmann initiated the present action by filing a Complaint against defendant Edward Leung, as an individual and as trustee for Leung Edward T. Trust, and Does 1 through 50. On August 7, 2019, plaintiff filed a First Amended Complaint against defendant Edward Leung, as an individual and as trustee for Leung Edward T. Trust, and Does 1 through 50. On January 13, 2020, plaintif...

Excerpt: ...lwood, and Genesis Healthcare, Inc. Responding Party: None (1) Motion for Judgment on the Pleadings The court considered the moving papers. No opposition has been filed. RULING The Motion for Judgment on the Pleadings is GRANTED. BACKGROUND On October 28, 2021, Plaintiffs Gordana Mercer, by and through her Successor-in-Interest, David Rosini, and David Rosini (collectively “Plaintiffs”) filed a complaint against Defendants Sunbridge Hallmark ...

Excerpt: ...ENIED. BACKGROUND On March 22, 2022, plaintiff Mike Harsini filed a complaint against defendant Marcello Curko for slander/libel (defamation of character) and intentional infliction of mental distress. LEGAL AUTHORITY CCP § 425.16 permits the court to strike causes of action arising from an act in furtherance of the defendant's right of free speech or petition unless the plaintiff establishes that there is a probability that the plaintiff will p...

Excerpt: ...ition, and reply papers. RULING The Motion is GRANTED in part and DENIED in part, as specified below. BACKGROUND On September 10, 2021, plaintiff Tony Talbert filed a complaint. The operative pleading is the First Amended Complaint and asserts causes of action for (1) dental malpractice, (2) lack of informed consent, (3) battery, (4) intentional misrepresentation, (5) negligent misrepresentation, and (6) concealment against several defendants, in...

Excerpt: ... On November 26, 2019, plaintiff Bank America, N.A. filed a complaint against defendant Andrea Thatcher asserting one cause of action for common counts. On February 3, 2021, the court entered an Order on Settlement Agreement and Stipulation for Judgment and retained jurisdiction under CCP § 664.6. On June 17, 2022, plaintiff filed the instant motion for entry of judgment under terms of the stipulated settlement. No opposition to the motion has b...

Excerpt: ...TED. The proof of service of summons filed on May 27, 2022 is quashed. BACKGROUND On May 12, 2022, Mia Morgan White (self-represented) filed a complaint against Alpine Village and Alpine Market for motor vehicle negligence, general negligence, premises liability, and “hate crime after incident.” The court notes that plaintiff did not attach the “causes of action” forms to the complaint. The court also notes that the caption to the complai...

Excerpt: ...ted The court considered the moving and opposition papers. RULING The motions are DENIED as MOOT. The court orders that cross-complainant John Christodoro and his attorney of record, Bobbi Samini, pay to cross-defendant Lupe Powell monetary sanctions in the amount of $1,620 in total for both motions, within 30 days. BACKGROUND On September 8, 2016, Attessa Properties CA LLC filed a complaint against Lucie Idleman to quiet title. On September 14, ...

Excerpt: ...position, and reply papers. RULING The motion 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 Grand Hall USA, Inc. be and are dismissed with prejudice. Any and all present and futur...

Excerpt: ...g, opposition, and reply papers. RULING The motion is GRANTED. The court orders that the attorney is relieved as counsel of record for defendants Business Alliance Insurance Company, Sephirot Constructors Corp., Sephirot Materials Corp., Sephirot Rentals Corp., and Sephirot Royal Funds LLC, effective upon the filing of the proofs of service of the signed “Order Granting Attorney's Motion to Be Relieved as Counsel – Civil” (Judicial Council ...

Excerpt: ...s in the amount of $39,600 plus $503.75 in costs against Adecco USA, Inc. and Air Fayre, CA, Inc. BACKGROUND On November 17, 2020, plaintiff Maria Cubias filed a complaint against Air Fayre CA, Inc. and Adecco USA, Inc. for (1) disability discrimination, (2) failure to accommodate, (3) failure to engage in interactive process, (4) retaliation (Gov. Code §12945.2), (5) retaliation (Gov. Code §12940(h), (6) retaliation in violation of Labor Code ...

Excerpt: ...l Interrogatories, Set One, and (3) Request for Production of Documents, Set One The court considered the moving papers. No opposition was filed. RULING The motion is GRANTED upon defendant's payment of an additional $120 in filing fees. Plaintiff Raymond Wright is ordered to respond without objections to defendant Honda Development and Manufacturing of America, LLC's Form Interrogatories, Set One and Special Interrogatories, Set One, within 20 d...

Excerpt: ...pers. RULING The motion is GRANTED. Defendant Caroline Londergan is awarded $18,495 in reasonable attorney's fees as the prevailing party against plaintiffs Rocco A. Mondello and Margaret A. Mondello. BACKGROUND On February 17, 2022, plaintiffs Rocco A. Mondello and Margaret A. Mondello (self-represented) filed an unlawful detainer complaint against Caroline Lundergan and Karmic Energy, Inc. based on a 30-day notice to quit. On April 7, 2022, pla...

Excerpt: ...the moving, opposition, and reply papers and request for dismissal as to defendant Suh. RULING The demurrer is OVERRULED as MOOT as defendant Suh has been dismissed. BACKGROUND On May 2, 2022, plaintiff Del Amo Fashion Center Operating Company, L.L.C. filed an unlawful detainer complaint against Akisan Restaurant Group, LLC and Steve Suh based on a notice to pay rent or quit. On July 5, 2022, plaintiff filed a request for dismissal as to individu...

Excerpt: ...ND On January 15, 2020, plaintiff Michael Frilot filed a complaint against defendants City of Hermosa Beach, Hermosa Beach Police Department, and Suja Lowenthal, City Manager for (1) violation of POBRA, (2) declaratory relief, (3) whistleblower retaliation (Labor Code §1102.5), and (4) writ of mandate (CCP §1085). On September 14, 2020, plaintiff filed a FAC for (1) violation of POBRA, (2) declaratory relief, and (3) Labor Code §1102.5. Plaint...

Excerpt: ...ply papers. RULING The motion is GRANTED in part and DENIED in part. Defendant Lennox School District is ordered to produce for deposition a PMK for 90 minutes, within seven days, either in person or remotely, as allowed under CCP §2025.310, as to the affirmative defense “avoidable consequences doctrine.” The motion is DENIED as to search for ESI records. BACKGROUND On June 12, 2020, plaintiffs Davon Dean, Hugo Aceves, and Juan Abel Gomez fi...

Excerpt: ...court considered the moving, opposition, and reply papers. RULING The motion is DENIED WITHOUT PREJUDICE. BACKGROUND On July 12, 2019, plaintiffs Steven Oppenheimer, Shelice Oppenheimer, Ashton Oppenheimer, by and through his Guardian ad Litem Steven Oppenheimer, Aiden Oppenheimer, by and through his Guardian ad Litem Steven Oppenheimer, and Avery Oppenheimer, by and through his Guardian ad Litem Steven Oppenheimer filed a complaint against Publi...

Excerpt: ...nd cross- complainant Faranak M. Kamnei (1) Motion to Compel Further Responses to Requests for Production, [Set] One (2) Motion to Compel Further Responses to Requests for Admission, [Set] One (3) Motion to Compel Further Responses to Requests for Production, [Set] One The court considered the moving, opposition, and reply papers. RULING The motions to compel further responses to requests for production, set one, Nos. 8-15 are MOOT and thus DENIE...

Excerpt: ...s and plaintiff's non-opposition. RULING The motion for summary judgment is GRANTED. BACKGROUND On December 6, 2018, plaintiff Prabhakar Reddy filed a complaint against Twenty4Seven Hotels, Corporation for (1) negligence, (2) strict products liability defective manufacturing, (2) strict products liability design defect, and (4) strict products liability defect due to inadequate warning. Plaintiff alleges that on October 23, 2017, he was staying i...

Excerpt: ...LING The demurrer is OVERRULED as to the 5 th cause of action. Defendant is ordered to file an answer within ten days. BACKGROUND On March 25, 2022, plaintiffs Robert Knox and Rock Construction and Management filed a complaint against Volkswagen Group of America, Inc. for (1) violation of Song Beverly Consumer Warranty Act – breach of express warranty, (2) violation of Song Beverly Consumer Warranty Act – breach of implied warranty, (3) viola...

Excerpt: ...ing, opposition, and reply papers. RULING The motion is GRANTED. BACKGROUND On June 25, 2020, John Doe V.M. and John Doe R.M. filed a complaint against Does 1 to 50 for (1) battery, (2) sexual battery, (3) IIED, (4) negligence, (5) violation of Tom Bane Civil Rights Act, (6) violation of Unruh Civil Rights Act, (7) violation of Ralph Civil Rights Act of 1976, (8) gender violence, and (9) sexual harassment. On October 9, 2020, the court granted pl...

Excerpt: ...e motion is GRANTED. Plaintiff Amelia A. Yuhas is awarded $101,174 in reasonable attorney's fees as the prevailing party against defendants Gizmo Media LLC and Nayeem Ahmed Khan. BACKGROUND On February 15, 2019, plaintiffs Amelia A. Yuhas and Vincent C. Yuhas Jr. filed a complaint against Gizmo Media LLC and Nayeem Ahmed Khan for (1) breach of contract [against Gizmo only] and common counts – account stated [against both defendants]. Plaintiffs...

Excerpt: ...dgment is DENIED. BACKGROUND On March 15, 2021, plaintiffs Mariposa Commons, LLC and RH Mariposa Partners, LLC filed a complaint against 360Workhub, LLC and Zul Amat for (1) breach of lease, (2) breach of guaranty, and (3) declaratory relief. LEGAL AUTHORITY The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable...

Excerpt: ...November 9, 2021, Los Angeles Federal Credit Union filed a complaint against Teresa Marie Harmon for (1) breach of contract, (2) money lent, and (3) claim and delivery. On April 20, 2022, the court granted plaintiff's motion to deem admissions. 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 ...

Excerpt: ...ing and opposition papers. RULING The motion is GRANTED. The default entered on January 28, 2022 against Kwan Cheung is SET ASIDE and VACATED. The proof of service of summons filed on January 18, 2022 is QUASHED. Defendant's answer filed on May 27, 2022 is STRICKEN. Defendant's answer is deemed filed as of the hearing date. BACKGROUND On March 1, 2021, plaintiff Jesse Franklin Esphorst, ind. and as successor in interest to the estate of Jesse Eri...

Excerpt: ... The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. The court awards $449,750 in attorneys' fees in favor of plaintiffs and against defendant Amitiss Nasiri. BACKGROUND On February 1, 2018, plaintiffs Kenneth L. Creal and Kenneth L. Creal, an accountancy corporation filed a complaint against Amitiss Nasiri for libel based on a negative Yelp review. On March 2, 2018, Nasiri (self-represented) filed a cross...

Excerpt: ...dered to comply with CRC Rule 3.1324 to file a declaration in compliance with CCP §2015.5 to state “I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.” Plaintiff is also ordered to have the notice, motion, and declaration served in compliance with CCP §1013 and to file a proof of service of the motion in compliance with CCP §1013a for the next hearing date. BACK...

Excerpt: ...s. The hearing was continued from May 11, 2022 to allow defendant to file an opposition. RULING The motion is GRANTED. Counsel are ordered to meet and confer as to available dates and times to depose plaintiff's experts. Plaintiff is ordered to make the experts available immediately for deposition. BACKGROUND On June 15, 2018, plaintiff Cassandra Lee Webster filed a complaint against Jennifer C. Chu, M.D. and Providence Little Company of Mary Med...

Excerpt: ...motion is GRANTED. 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 to compel discovery responses. On April 27, 2021, defense counsel ...

Excerpt: ...ving, opposition, and reply papers. RULING The motion is GRANTED. Plaintiff Amir Rad is ordered to appear for his deposition within seven days, either in person or remotely, as allowed under CCP §2025.310. The second deposition of plaintiff Amir Rad shall be solely on the subject of injuries he claims he has suffered are a result of his tenancy. BACKGROUND On October 2, 2017, Marhnaz Rad and Amir Rad filed a complaint against Salome L. Shek and ...

Excerpt: ...Information During Discovery Period The court considered the moving, opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On June 12, 2020, plaintiffs Davon Dean, Hugo Aceves, and Juan Abel Gomez filed a complaint against Lennox School District, Estate of Kent Taylor, deceased, and Janet Taylor, successor in interest of Kent Taylor for (1) sexual harassment quid pro quo, (2) hostile work environment harassment, (3) failure to pre...

Excerpt: ...ULING The motion is GRANTED. Plaintiff is ordered to file its FAC within five days. BACKGROUND On April 2, 2021, plaintiff The Montecito Apts Investment, LP filed a complaint against Dadson Laundry, Inc. for (1) breach of written contract, (2) breach of the implied covenant of good faith and fair dealing, (3) common counts, (4) violation of Bus. and Prof. Code §17200, et seq., (5) conversion, (6) Penal Code §496(a), (7) fraudulent concealment, ...

Excerpt: ...ition papers. RULING The demurrer is OVERRULED. Defendants are ordered to file an answer within ten days. BACKGROUND On March 1, 2022, plaintiffs Martin B. Canter, aka Matador Professional Services and Roselle Maria Clark, aka Rnqueen Nursing Consultants, Inc. (self-represented) filed a complaint against Ketan Patel, Jayshree Patel, aka Purview Hospice & Palliative Care, and aka Total Home Health, Inc. for (1) collection of monies, (2) deceptive ...

Excerpt: ...atories – Unlawful Detainer (3) Motion to Compel Responses to Special Interrogatories (4) Motion to Compel Responses to Requests for Production of Documents (5) Motion to Deem Requests for Admissions Admitted The court considered the moving and opposition papers. RULING The motions are DENIED as moot. The court orders that plaintiffs' attorney of record, Vincent Real, pay sanctions in the amount of $900 in total for the five motions, within 30 ...

Excerpt: ...elling Mental Examination of Plaintiff Hugo Aceves The court considered the moving, opposition, and reply papers. The court also considered oral argument at the hearing on May 10, 2022. RULING The motions are GRANTED. See order below. BACKGROUND On June 12, 2020, plaintiffs Davon Dean, Hugo Aceves, and Juan Abel Gomez filed a complaint against Lennox School District, Estate of Kent Taylor, deceased, and Janet Taylor, successor in interest of Kent...

Excerpt: ...The hearing was continued from April 20, 2022 to allow plaintiff to file a supplemental declaration and supporting evidence. RULING The motion is GRANTED. BACKGROUND On November 23, 2020, plaintiff George West filed a complaint against defendant Silvercar, Inc. for civil penalties pursuant to Labor Code § 2699, et seq. for violations of the Labor Code. LEGAL AUTHORITY Labor Code §2699 states: “(a) Notwithstanding any other provision of law, a...

Excerpt: ...E. Plaintiff is ordered to file a notice of related case in each case and serve all parties in each case. BACKGROUND On December 14, 2021, plaintiff Paul Markley ind. and as Law Offices of Paul R. Markley filed a complaint against Don Weaver and Whole Foods Market California, Inc. dba Whole Foods Market for declaratory relief. On March 17, 2022, defendant Mrs. Gooch's Natural Food Markets, Inc. dba Whole Foods Market filed a cross-complaint. LEGA...

Excerpt: ...The hearing was continued from April 20, 2022 to allow plaintiff to file a supplemental declaration and supporting evidence. RULING The motion is GRANTED. BACKGROUND On November 23, 2020, plaintiff George West filed a complaint against defendant Silvercar, Inc. for civil penalties pursuant to Labor Code § 2699, et seq. for violations of the Labor Code. LEGAL AUTHORITY Labor Code §2699 states: “(a) Notwithstanding any other provision of law, a...

Excerpt: ...ent is GRANTED. BACKGROUND On December 16, 2021, plaintiff Upside Crenshaw Holding LLC filed an unlawful detainer complaint against Pegasus Trucking, LLC. On January 12, 2022, a default was entered against defendant. On January 31, 2022, a stipulation and order was filed setting aside the default. On May 4, 2022, defense counsel filed a motion to be relieved as counsel set for hearing on May 25, 2022. LEGAL AUTHORITY The purpose of a motion for s...

Excerpt: ...rty: Plaintiff Frank Martinez Motion to Expunge Lis Pendens The court considered the moving and opposition papers. The hearing was continued from April 14, 2022 to the herein date to allow plaintiff to file an opposition. RULING The motion to expunge lis pendens is GRANTED. Attorney's fees and costs are awarded against plaintiff Frank Martinez and in favor of defendant Jay Dharmasuriya in the sum of $2,950.00. BACKGROUND On April 26, 2021, plaint...

Excerpt: ... Motion for an Order that Requests Be Deemed Admitted (Set Four) The court considered the moving, opposition, and reply papers. RULING The motions are MOOT. The court orders defendant Tung Ming to pay sanctions to plaintiff in the amount of $930, within 30 days. BACKGROUND On March 1, 2021, plaintiff Jesse Franklin Esphorst, ind. and as successor in interest to the estate of Jesse Eric Esphorst for Uniform Voidable Transactions Act. On April 14, ...

Excerpt: ...elling Mental Examination of Plaintiff Hugo Aceves The court considered the moving, opposition, and reply papers. RULING The motions are GRANTED. See order below. BACKGROUND On June 12, 2020, plaintiffs Davon Dean, Hugo Aceves, and Juan Abel Gomez filed a complaint against Lennox School District, Estate of Kent Taylor, deceased, and Janet Taylor, successor in interest of Kent Taylor for (1) sexual harassment quid pro quo, (2) hostile work environ...

Excerpt: ...D IN PART. The court orders that the date of BRP' PMK's deposition is June 17, 2022, at 10 AM at the offices of Defense counsel and that the deposition shall not be continued or changed unless both counsel agree in writing to commit to a continued date certain. BACKGROUND On March 12, 2020, plaintiff South Bay Credit Union filed a complaint against Citibank US NA dba BRP Credit Card and BRP US Inc. for (1) breach of agreement, (2) conversion, and...

Excerpt: ...) Motion to Compel Responses to Requests for Production, Set One (4) Motion to Compel Responses to Requests for Admission, Set One The court considered the moving papers. No opposition was filed. RULING The motions to compel are GRANTED. Plaintiff Robert Davis is ordered to respond without objections to defendant's Form Interrogatories, Set One, Special Interrogatories, Set One, and Requests for Admission, Set One, within 20 days. Plaintiff is or...

Excerpt: ... 2, 2021, plaintiff Lori Phillips filed an unlawful detainer complaint against Tom Carrico. LEGAL AUTHORITY The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843. Code of Civil Procedure (“CC...