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: ...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: ... 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: ...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: ...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...