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...