Excerpt: ...Deposition Notice for the PMQ The court considered the moving papers. RULING The motion is GRANTED as to evidence and monetary sanctions. Defendant is awarded monetary sanctions in the amount of $760 ($350 x 2 hrs., filing fee) against plaintiff and plaintiff's attorney of record. Plaintiff is prohibited from introducing at trial any evidence relating to the 20 categories of examination listed in the Notice of Deposition for Plaintiff's Person Mo...

Excerpt: ...ourt considered the moving and opposition papers. RULING The demurrer is OVERRULED. The motion to strike is DENIED. Defendant is ordered to file an answer within ten days. 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 R...

Excerpt: ... hearing was continued from March 10, 2022. RULING The motion is DENIED WITHOUT PREJUDICE. BACKGROUND On March 30, 2020, plaintiff Ruby Ocampo filed a complaint against Sunshine Home Care 1, LLC for violations of Labor Code and violation of Bus. and Prof. Code §17200. Plaintiff alleges that in April 2018, she interviewed for a position in defendant's elderly care facility. She was advised that the rate of pay was $85/day for an 8-hr. workday, fi...

Excerpt: ...mpelling Responses to Demand for Production of Documents The court considered the moving, opposition, and reply papers. RULING The motions are GRANTED. Plaintiff State Farm is ordered to respond without objections to defendant Cynthia G. Allison's Form Interrogatories, Set One within 10 days. Plaintiff State Farm is ordered (1) to serve on defendant a verified response without objections to defendant's Demand for Production of Documents, Set One,...

Excerpt: ...onetary Sanctions The court considered the moving, opposition, and reply papers. RULING The motion to strike answer and/or for imposition of issue, evidentiary, and monetary sanctions is GRANTED IN PART AND DENIED IN PART. The court grants plaintiff's request for monetary sanctions in the sum of $1,160.00 against defendant for his failure to provide court-ordered discovery. The court denies all other requests. BACKGROUND On May 13, 2021, plaintif...

Excerpt: ...a Marie Harmon; Request for Monetary Sanctions Against Defendant in the Sum of $850 The court considered the moving papers. RULING The motion is GRANTED. Defendant Teresa Marie Harmon is ordered to tender payment of $850 to plaintiff's counsel within 30 days of this order. BACKGROUND On November 9, 2021, plaintiff Los Angeles Federal Credit Union filed a complaint against defendant Teresa Marie Harmon for breach of contract, money lent, and claim...

Excerpt: ...______________. 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, any provision of this code that provides for a civil penalty to be assessed and collected by the Labor and Workforce Development Agency or a...

Excerpt: ...d for Monetary Sanctions The court considered the moving papers. RULING 1. Plaintiffs' motion to compel responses at further deposition is GRANTED. 2. Plaintiffs' motion to compel production of documents at further deposition is GRANTED. 3. Plaintiffs' request for sanctions against Taylor is GRANTED for the sum of $2,150.00. BACKGROUND On June 12, 2020, plaintiffs Davon Dean, Hugo Aceves, and Juan Abel Gomez filed a complaint against defendants L...

Excerpt: ...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; Defendants Public Storage and Maria Luisa Acosta Motion for Leave to File First Amended Cross-Complaint The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. Defendant/Cross-Complainant Centinela Storage Associates is ordered to ...

Excerpt: ...g Party: Unopposed Motion to Expunge Lis Pendens The court considered the moving papers. 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, plaintiff Frank Martinez filed a verified complaint against defendant Jay Dharmasuriya, as successor trustee of the Jay Wyman Special Needs...

Excerpt: ...e Production of Records Regarding Jane Doe The court considered the moving papers. RULING Defendant Learn It Systems, LLC dba Beach Cities Learning's Motion to Compel Compliance of Five Acres with Deposition Subpoena for the Production of Records Regarding Jane Doe is GRANTED. BACKGROUND On April 9, 2021, Plaintiff Jane Doe (“Plaintiff”) initiated this action against Defendants Learn-It Systems, LLC dba Beach Cities Learning, erroneously sued...

Excerpt: ...nsidered the moving, opposition, and reply papers. RULING The motion to compel the deposition of plaintiff is GRANTED. Plaintiff is ordered to appear for deposition on the agreed upon date of June 10, 2022, unless the parties agree to a different date certain. Plaintiff and plaintiff's attorney of record Consumer Law Experts, PC are ordered to pay sanctions in the amount of $390 within 30 days. The motion to compel the production of plaintiff's v...

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

Excerpt: ...tion, and reply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 st, 2 nd, 4 th, 5 th, 6 th, 7 th, and 8th causes of action. The demurrer is SUSTAINED WITH 10 DAYS LEAVE TO AMEND as to the 9 th cause of action. The motion to strike is ruled on as stated below. BACKGROUND On September 23, 2021, plaintiff Niat Sefer filed a complaint against LQ Acquisition Properties, LLC, Wyndham Hotel Group, LLC, and LA Quinta Franchisi...

Excerpt: ...le a declaration in compliance with CCP §2015.5. Plaintiff has not filed a declaration. RULING The motion is DENIED. BACKGROUND On July 8, 2019, plaintiff Deborah J. Waltrip (self-represented) filed a complaint against American Airlines, Inc. On January 10, 2020, plaintiff filed a FAC for general negligence. Plaintiff alleges that on July 12, 2017, she was aboard a flight at LAX when upon landing, another passenger was removing her bag from the ...

Excerpt: ... papers. No opposition was filed. RULING The motion is GRANTED. Trial is set for _________at 10:00 a.m. The FSC is set for _____________, at 10:00 a.m. BACKGROUND On July 12, 2019, plaintiffs Steven Oppenheimer and Shelice Oppenheimer and minors Ashton Oppenheimer, Aiden Oppenheimer, and Avery Oppenheimer filed a complaint against Public Storage, Inc. and Maria Luisa Acosta for (1) negligence, (2) NIED, and (3) premises liability. On December 6, ...

Excerpt: ...rnative, Summary Adjudication The court considered the moving papers. No opposition was filed. RULING The motion is GRANTED. The FSC is continued to June 1, 2022, at 10:00 a.m. The trial is continued to June 8, 2022, at 10:00 a.m. BACKGROUND On July 13, 2018, plaintiff Matthew Palmer filed a complaint against Elevon Retail Association and Mar Ventures, Inc. for negligence/premises liability. Plaintiff alleges that on February 5, 2018, defendants ...

Excerpt: ... Preliminary Injunction The court considered the moving, opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On March 18, 2021, plaintiff Animal Protection and Rescue League, Inc. filed a complaint against Highland Avenue Plaza, LLC, DPI Retail, LLC, and Doerken Properties, Inc. for (1) violation of the right of free speech guaranteed by the Cal. Const. Art 1 §2 and (2) violation of unfair competition law. LEGAL AUTHORITY “[A...

Excerpt: ...n to deem request for admissions, set one is GRANTED. The truth of any matters specified in Palos Verdes Realty, Inc's Request for Admissions, Set One, served on cross-complainant John Christodoro, is deemed admitted. The court orders that cross-complainant John Christodoro and his attorney of record Bobbi Samini pay to cross-defendant Palos Verdes Realty monetary sanctions in the amount of $345, within 30 days. BACKGROUND On September 8, 2016, A...

Excerpt: ... papers. RULING The motion is GRANTED. BACKGROUND On January 9, 2017, plaintiffs Norah Debellis and Eric Debellis filed a complaint against defendants City of Torrance and La Terrazza Homeowners Association (“La Terrazza”) for premises liability, dangerous condition of public property, and loss of consortium based on a trip and fall on a sidewalk on October 29, 2015. On April 20, 2017, La Terrazza filed a cross-complaint against City of Torra...

Excerpt: ...ion, and reply papers. RULING The demurrers are OVERRULED. Defendants are ordered to file answers within ten days. BACKGROUND On August 4, 2021, plaintiff Global Financial Partners Inc. filed a complaint against Skye Anesthesia and Robert Todd Stewart for declaratory relief. 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. ...

Excerpt: ...ule the hearing to be heard on a date 25 to 35 days in the future. Defendant is to file an amended notice and motion and serve all moving papers with sufficient statutory notice for the hearing date, in accordance with CCP §1005. The amended motion will be heard without prejudice to initial filing and any fees paid need not be duplicated. BACKGROUND On April 30, 2021, plaintiff George Edward Francisco, ind. by and through his guardian ad litem, ...

Excerpt: ...native, Summary Adjudication The court considered the moving, opposition, and reply papers. RULING The motion for summary judgment is GRANTED. BACKGROUND On August 28, 2019, Ella Alford and Raymoni Gordon (self-represented) filed a complaint against Reliant Immediate Care Medical Group, Reliant Immediate Care—LAX, Kinetix Surgery Center, Inc., Lawndale Orthopaedic Group, Moosa Kohanim, M.D., Eva Schondorf, M.D., Paul Santos Sucgang, D.O., Raymo...

Excerpt: ...s. RULING The motion is CONTINUED to May 4, 2022, at 8:30 a.m. The court sets an OSC re dismissal of the complaint for same date. BACKGROUND On March 30, 2020, plaintiff Ruby Ocampo filed a complaint against Sunshine Home Care 1, LLC for violations of Labor Code and violation of Bus. and Prof. Code §17200. Plaintiff alleges that in April 2018, she interviewed for a position in defendant's elderly care facility. She was advised that the rate of p...

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

Excerpt: ...idered the moving, opposition, and reply papers. RULING The motion for summary adjudication is GRANTED as against plaintiff Ella Alford. BACKGROUND On August 28, 2019, Ella Alford and Raymoni Gordon (self-represented) filed a complaint against Reliant Immediate Care Medical Group, Reliant Immediate Care—LAX, Kinetix Surgery Center, Inc., Lawndale Orthopaedic Group, Moosa Kohanim, M.D., Eva Schondorf, M.D., Paul Santos Sucgang, D.O., Raymond Gor...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...RANTED. The action is STAYED. BACKGROUND On September 21, 2021, Toya Ladwan Jackson filed a complaint against Lebo Automotive Inc. dba Manhattan Beach Toyota for violation of Song-Beverly Consumer Warranty Act. LEGAL AUTHORITY Under CCP § 1281, a “written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and revocable, save upon such grounds as exist for the revocation of any c...

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

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

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

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

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

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

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

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

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

Excerpt: ...the moving, opposition, and reply papers. RULING The motion is GRANTED. BACKGROUND On October 24, 2019, plaintiffs Shubing Jia and Shiming Chen, both ind. and as personal representatives for decedent Victoria Jialing Chen filed a complaint against American Honda Motor Co., Inc., Honda Motor Company, Ltd, Honda Manufacturing of Alabama, LLC, Nhang Lim, Mui Chi Wong, and A+ Academy Tutoring Center for (1) negligence, (2) strict products liability, ...

Excerpt: ...osition, and reply papers. RULING The motion is DENIED in part and GRANTED in part. The motion is DENIED as to Items 8, 11, and 16, and in part as to Item 4. The motion is GRANTED as to Items 4(a) and 4(b) in part in the amount of $762.78. The court taxes $762.78 in Item 4. BACKGROUND On July 25, 2014, plaintiffs Laurie Devries and Lee Devries filed a complaint against Renaissance Hotel Management Company, LLC and Sunstone Hotel Investors, Inc. f...

Excerpt: ...ff's notice of non-opposition. RULING The motion is GRANTED. Defendant is ordered to lodge a proposed judgment. BACKGROUND On June 2, 2020, plaintiff Lauren Rivera, by and through her mother and guardian ad litem, Deanna Rivera, and Deanna Rivera filed a complaint against Torrance Memorial Medical Center and Fombe Ndiforchu, M.D. for (1) medical/hospital negligence, (2) fraud by intentional concealment, and (3) medical/hospital negligence under t...

Excerpt: ...nt Law, Set One (2) Motion to Compel Further Responses to Amended Special Interrogatories, Set One (3) Motion to Compel Further Responses to Amended Request for Production of Documents, Set One The court considered the moving, opposition, and reply papers. On July 21, 2021, the court had denied the previous motions to compel further responses without prejudice based upon the supplemental responses served. The court ordered and counsel stipulated ...

Excerpt: ...red the moving papers. No opposition was filed. At the hearing on December 17, 2021, the parties stipulated to continuing the hearing date to the herein date. RULING The motion is GRANTED. Plaintiff Rosina Llamas is ordered to appear for her deposition within 20 days, either in person or remotely, as allowed under CCP §2025.310. The court orders plaintiff Rosina Llamas and plaintiff's attorney of record The Law Offices of Ilan N. Rosen Janfaza t...

Excerpt: ...aint is OVERRULED. Defendant is ordered to file an answer within five days. BACKGROUND On October 26, 2021, plaintiff Delta-JC, LLC filed a complaint against Villa Clara Properties, dba Urban Group for unlawful detainer based on a written real estate license agreement entered into on August 30, 2021 for the premises at 1668 Sepulveda Blvd., Torrance. Plaintiff alleges that defendant's business is not legal for the premise and defendant has failed...

Excerpt: ...red defense counsel's supplemental declaration and plaintiff's supplemental reply. The motion was argued at the hearing on December 3 and continued to allow defense counsel to file a supplemental declaration as to itemization of the fees incurred in Item 14. RULING The motion is GRANTED IN PART and DENIED IN PART. The court STRIKES Item 9 in the amount of $1,011 and Item 14 in the amount of $1,335.82 of defendant's memorandum of costs. BACKGROUND...

Excerpt: ... 5 The court considered the moving papers. No opposition was filed. RULING The motions are GRANTED. Plaintiff Anna Mezheritsky is ordered to serve on defendant Thomas Kovich verified responses without objections to defendant's Special Interrogatories, Set No. 4, within 15 days. Plaintiff is ordered (1) to serve on defendant Kovich a verified response without objections to defendant's Request for Production of Documents, Set No. 5, and (2) to prod...

Excerpt: ...otion to compel plaintiff's medical examination is GRANTED. See order. The examination shall not include any diagnostic test or procedure that is protracted, painful, or intrusive. BACKGROUND On May 21, 2018, plaintiff Rochel Disi filed a complaint against defendants Tad Tanoura, M.D., The Regents of the University of California, The University of California at Los Angeles, Biosphere Medical, Inc., Merit Medical Systems, Inc., and Merit Bioacquis...

Excerpt: ...et One The court considered the moving, opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On November 25, 2019, plaintiffs Webtoon Entertainment, Inc. and Quanquan (Chelsey) Han filed a complaint against Rocketship Entertainment, LLC and Thomas G. Akel for (1) inducing breach of contract, (2) intentional interference with contractual relations, (3) intentional interference with prospective economic relations, (4) fraudulent in...

Excerpt: ... reply papers. RULING The motion is GRANTED. The default and default judgment are vacated and set aside. Defendant is ordered to file a responsive pleading with five days. BACKGROUND On October 25, 2021, plaintiff Adg Development, Llc, a Cal. Ltd Lia Co., filed a unlawful detainer complaint against Goldleaf Trading Corporation, a Cal. Corp. dba Al-Ghani Auto, located at 339 S. Pacific Coast Highway, Redondo Beach based on a three-day notice to pa...

Excerpt: ...ED. The court ORDERS that the following documents (lodged on November 22, 2021) be sealed: - Portion of plaintiff's personnel file at the Redondo Beach Police Department (Dyberg 0687 through Dyberg 0765); - Portion of plaintiff's deposition testimony (from October 25, 2021) designated as Highly Confidential; - Defendant Laura Gehley's medical records (Gehley 107 – Gehley 427, Gehley 471 – Gehley 490). At this time, no other records relating t...

Excerpt: ... to Defendant's Request for Production of Documents, Set Two As to plaintiff Yajaira Chavez: (3) Motion to Compel Responses to Defendant's Special Interrogatories (4) Motion to Compel Responses to Defendant's Request for Production of Documents, Set Two The court considered the moving papers. No opposition was filed. RULING The motions are GRANTED. Plaintiffs Yadira Gomez and Yajaira Chavez are ordered to serve on defendant Jessica Tucker verifie...

Excerpt: ...ing Plaintiff's Response to Special Interrogatories, Set One (3) Motion for Order Compelling Plaintiff's Response to Demand for Production of Documents, Set One (4) Motion for Order Compelling Plaintiff's Response to Demand for Production of Documents, Set Two (5) Motion for Order Compelling Plaintiff's Response to Request for Admissions, Set One The court considered the moving and opposition papers. RULING The motions are DENIED. BACKGROUND On N...

Excerpt: ...Carroll, M.D. The court considered the moving papers. RULING The motion is GRANTED. The court orders that Robert Carroll, M.D. comply with the deposition subpoena served by defendant American Honda Motor Co., Inc. on April 9, 2021. 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”...

Excerpt: ... Judgment, or, in the alternative, Summary Adjudication The court considered the moving, opposition, and reply papers. RULING The motion for summary judgment is DENIED. The motion for summary adjudication is GRANTED as to the 1 st cause of action and DENIED as to the 2 nd cause of action. BACKGROUND On November 26, 2018, plaintiff Dana Vogel filed a complaint against Stoltz Management of Delaware, Inc. and Promenade LLC for negligence and premise...

Excerpt: ...tions Against Defendants for Failing to Comply with a Court Order or, in the alternative, for an Order Compelling Further Responses to Second Set of Specially Prepared Interrogatory Propounded to Defendant The court considered the moving, opposition, and reply papers. RULING The motion is CONTINUED to _____________ to allow defendants to comply with the September 10 court order. Defendants are ordered to serve further supplemental responses to pl...

Excerpt: ... notice of non-opposition. RULING The motion is GRANTED. BACKGROUND On February 27, 2020, plaintiff Estevan Arnold filed a complaint against Edwin Trucking, Inc. and Edwin Benitez for Labor Code violations and unfair business practices. On March 20, 2020, plaintiff filed a FAC for Labor Code violations, unfair business practices, and penalties pursuant to PAGA. On November 10, 2021, plaintiff filed a notice of settlement. LEGAL AUTHORITY Labor Co...

Excerpt: ...is continued to September 28, 2022, at 10:00 a.m. The trial is continued to October 5, 2022, at 10:00 a.m. Discovery cut-offs will conform to the new trial date. 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)...

Excerpt: ...ed The court considered the moving papers, supplemental declarations, and plaintiff's “answers.” On November 2, 2021, the court continued the hearing on the motions to allow defense counsel to file supplemental declarations attaching the exhibits referenced in counsel's declaration. RULING The motions are MOOT. Plaintiff Deborah J. Waltrip is ordered to pay monetary sanctions to defendant in the amount of $320 within 30 days. BACKGROUND On Ju...

Excerpt: ...o strike is DENIED. Defendant is ordered to file an answer within ten days. BACKGROUND On August 13, 2021, plaintiff Frank Gogol filed a complaint against Malissa White for defamation. 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 demurrer tests the pleadings alone and not the evidence or other extri...

Excerpt: ...Group LP Demurrer to First Amended Complaint The court considered the moving, opposition, and reply papers and oral argument. RULING The demurrer is OVERRULED. BACKGROUND On September 15, 2021, plaintiffs Del Amo Fashion Center Operating Company, LLC and Simon Property Group LP filed an unlawful detainer complaint against defendant L&M Footwear, Inc. On October 21, 2021, plaintiffs filed a FAC. LEGAL AUTHORITY When considering demurrers, courts r...

Excerpt: ...rsonal Jurisdiction and Dismiss Action on Ground of Inconvenient Forum. The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. The complaint is DISMISSED. BACKGROUND On May 18, 2021, plaintiff Landmark Dividend LLC filed a complaint against Ejike Edward Okpa II d/b/a The Okpa Company for declaratory relief. LEGAL AUTHORITY “A defendant . . . may serve and file a notice of motion for one or more of the follo...

Excerpt: ...ing, opposition, and reply papers and oral argument at the November 5 hearing. The hearing was continued from November 5, 2021. The parties were directed to meet and confer re any outstanding discovery. The court informed counsel that its tentative is that if a protective order is in place, legible/readable and unredacted documents are to be produced. RULING The motion is DENIED. BACKGROUND On March 12, 2020, plaintiff South Bay Credit Union file...

Excerpt: ...mended Complaint The court considered the moving, opposition, and reply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to Plaintiff Del Amo Fashion Center Operating Company, LLC's standing to maintain the unlawful detainer action. The demurrer is otherwise OVERRULED. BACKGROUND Plaintiffs Del Amo Fashion Center Operating Company, LLC and Simon Property Group LP commenced this unlawful detainer action against defendant L&M Foot...

Excerpt: ...eply papers. RULING The demurrer is OVERRULED on grounds of uncertainty and is SUSTAINED WITHOUT LEAVE TO AMEND as to the first, second, and third causes of action in the SAC. BACKGROUND Complaint On October 26, 2018, plaintiff Merchant Advance Pay, Inc. filed a complaint against defendants Fodariche, Inc. dba Mimimyunga, Wonbo Kim, and Joonhyun Baek for (1) breach of contract, (2) recovery of personal property, (3) breach of personal guarantee, ...

Excerpt: ...dered the moving, opposing, and reply papers. RULING The motion is GRANTED as modified. BACKGROUND On February 8, 2021, plaintiff filed the complaint asserting two causes of action: (1) breach of governing documents; and (2) nuisance. On February 19, 2021, the court granted a temporary restraining order in plaintiff's favor. On March 17, 2021, the court granted a preliminary injunction in plaintiff's favor. On September 10, 2021, plaintiff dismis...

Excerpt: ...ourt considered the moving papers, opposition, and reply. RULING The motion is GRANTED. BACKGROUND On March 1, 2019, plaintiff Minoo Amiraftabi Shafii filed a Complaint against National General Insurance Company erroneously sued as NatGen Premier (“NGIC”), Karim Mali (“Mali”), and MPX Insurance Services (“MPX”). On July 23, 2019, plaintiff filed a First Amended Complaint. On November 14, 2019, plaintiff filed a Second Amended Complain...

Excerpt: ..., and reply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 5 th, 6 th, and 7 th causes of action in the SAC. The motion to strike is deemed MOOT in light of the ruling on the demurrer. 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 faith and fair dealing, Bus. & Pr...

Excerpt: ... Sanctions The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. The court orders that NTI and NTI's attorney Michael S. Brown, Esq. pay monetary sanctions in the amount of $6,000 ($400/hr x. 15 hrs.) within 30 days. The court orders that NTI comply with the court's September 23, 2021 order by producing all responsive documents that were utilized in the profit and loss statements for 2019 and 2020, within 20...

Excerpt: ...y papers. RULING The motion is GRANTED. The court reconsiders its October 1, 2021 ruling as to defendant's demurrer. The court vacates the order dismissing the complaint. The court changes the ruling on demurrer to SUSTAIN WITH LEAVE TO AMEND as to the proper defendants. BACKGROUND On August 4, 2021, plaintiff Damoder Reddy filed an unlawful detainer complaint against Challyn Marie Markray for unlawful detainer for commercial property at 518 Pier...

Excerpt: ... Responding Party: Plaintiff Roberto Rivera Demurrer The court considered the moving, opposition, and reply papers. RULING The demurrer is OVERRULED. Defendant is ordered to file an answer within ten days. BACKGROUND On July 12, 2021, Roberto Rivera, ind. and on behalf of other aggrieved employees, filed a complaint against J.B. Wholesale Roofing and Building Supplies, Inc. for enforcement under the Private Attorneys General Act, Labor Code §269...

Excerpt: ...NG The motion for summary adjudication is DENIED as to the 1 st and 2 nd causes of action. BACKGROUND On October 2, 2017, Marhnaz Rad and Amir Rad filed a complaint against Salome L. Shek and Real Choice Management Inc. for (1) breach of implied warranty of habitability, (2) negligence, and (3) nuisance. Plaintiffs allege that they resided at the subject property at 30181 Via Rivera, Rancho Palos Verdes, from September 20, 2015 to April 2017. The...

Excerpt: ...ed the moving, opposition, and reply papers. RULING The motion is GRANTED. Defendant City of Inglewood is ordered to file its cross-complaint within five days. BACKGROUND On May 8, 2020, plaintiff Bertha Del Carmen Aceves filed a complaint against Casa De Café Bakery, Carlos Ramirez, William A. Minaya, and City of Inglewood for premises liability and general negligence. She alleges that on June 1, 2019, she walked out of the front entrance of Ca...

Excerpt: ... court considered the moving papers. No opposition was filed. RULING The motion is GRANTED. Defendant Cynthia S. Ruhl's answer is STRICKEN and a DEFAULT entered against her. The court sets an OSC re entry of default judgment for ______________. BACKGROUND On October 18, 2019, plaintiff Michael L. Moore filed a complaint against defendant Cynthia S. Ruhl for (1) breach of written partnership agreement, (2) breach of fiduciary duty, (3) accounting,...

Excerpt: ...old W. Dickens III The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. The court awards $83,221 in post-judgment costs in favor of judgment creditors and plaintiffs Kenneth S. Bradley, M.D. and Southern California Pain Consultants, Inc. and against defense attorney Harold W. Dickens III. BACKGROUND On September 11, 2015, plaintiffs Kenneth S. Bradley, M.D. and Southern California Pain Consultants, Inc. fil...

Excerpt: ...s and authorities, the opposition, and the reply papers. RULING The motion is GRANTED. BACKGROUND On April 27, 2021, Armando Solares and Maria Solares filed a UD complaint against Maria De Jesus Olmedo based on a 15-day notice to pay rent or quit dated March 31, 2021 for monthly rent of $1200 due from January 10, 2021 through April 9, 2021, for a total of $3,600. On November 2, 2021, the matter was called for jury trial. Defense counsel made an o...

Excerpt: ...adings The court considered the moving papers and plaintiff's counsel's declaration. RULING West Coast Servicing's demurrer to the FAC is SUSTAINED WITHOUT LEAVE TO AMEND. Defendant Nationstar's motion for judgment on the pleadings is GRANTED WITHOUT LEAVE TO AMEND. BACKGROUND On March 22, 2021, plaintiff Dele Babalola Akanmu filed a complaint against BAC Home Loan Servicing, LP, ZBS Law, LLP, Nationstar Mortgage LLC, dba Mr. Cooper, and West Coa...

Excerpt: ...g papers. No opposition was filed. RULING The motion is GRANTED. The court deems admitted the truth of any matters specified in plaintiff Amir Rad's Requests for Admission, Set Two, against defendant Salome L. Shek. Defendant is ordered to pay sanctions to plaintiff in the amount of $460 within 30 days. BACKGROUND On October 2, 2017, Marhnaz Rad and Amir Rad filed a complaint against Salome L. Shek and Real Choice Management Inc. for (1) breach o...

Excerpt: ...her Responses to Special Interrogatories, Set One (3) Motion to Compel Further Responses to Request for Production and Inspection of Documents and Things, Set One (4) Motion to Deem Request for Admissions, Set One Admitted As to defendant Olalekan Michael Ilori: (5) Motion to Compel Further Responses to Form Interrogatories – General, Set One (6) Motion to Compel Further Responses to Special Interrogatories, Set One (7) Motion to Compel Further...

Excerpt: ...pers. RULING The motion is DENIED. 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 (3) deceptive business practices. On July 10, 2020, plaintiff filed a FAC. The FAC alleges that it involves a vehicle 2018 Can-Am Mavrick Duane. FAC, ¶9. On March 22, 2018, Darrold Efflandt Jr. [now deceased] executed and del...

Excerpt: ...ition, and reply papers. RULING The motion is GRANTED. Plaintiff is ordered to file her FAC within five days. BACKGROUND On December 17, 2018, plaintiff Kathleen Thompson filed a complaint against The Terraces Homeowners Association for (1) breach of conveyance, conditions, and restrictions, (2) nuisance, and (3) negligence. Plaintiff alleges that Terraces HOA breached its obligation to maintain the common areas in a good condition by allowing th...

Excerpt: ...dered the moving, opposition, and reply papers. RULING The motion is GRANTED. Defendant is ordered to file an answer within five days. BACKGROUND On March 16, 2021, Creditors Adjustment Bureau, Inc. filed a complaint against Newcastle Construction & Renovations, Inc. for breach of contract and common counts for failure to pay insurance premiums in the amount of $133,744.39. A default was entered against defendant on July 8, 2021. On July 12, 2021...

Excerpt: ...tion, and reply papers. RULING The motion is GRANTED. Defendant is to pay to plaintiffs the sum of $10,710 ($210/hr. x 51 hrs.) in reasonable attorney's fees incurred. BACKGROUND On August 29, 2017, Earnest L. Cutley and Tresa Cutley filed a complaint against Jesse F. McCauley to quiet title to real property based on adverse possession as to property at 9406 South 3 rd Avenue, Inglewood, CA. A non-jury trial was held in June and July 2021. On Sep...

Excerpt: ...answer filed on October 5, 2021 is STRICKEN as it was improperly filed and deemed filed as of the hearing date. BACKGROUND On April 12, 2021, plaintiff Paul Lupo filed a UD complaint against Brain Taylor and Maria Hovnanian based on property located at 3620 The Strand, Manhattan Beach. Plaintiff alleges that on November 1, 2015, defendants agreed to rent the premises as a nine-month lease for $3,400/month. On August 1, 2016, the monthly rent incr...

Excerpt: ...inating sanctions is GRANTED. Defendant Tony Sugiono's answer is STRICKEN and default entered against him. BACKGROUND On December 3, 2019, plaintiffs Paul and Peter Sugiono filed a complaint against Tony Sugiono, Connie Wesson, and Agus Setiawan for (1) wrongful eviction, (2) abuse of dependent adult, (3) negligence, (4) IIED, (5) conversion, (6) invasion of informational privacy, (7) support of incapacitated adult child, and (8) declaratory reli...

Excerpt: ...G 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 County of Los Angeles be and are dismissed with prejudice. Any and all present and future claims against County of Los A...

Excerpt: ... court considered the moving, opposition, and reply papers and supplemental filings. The hearing was continued from August 30, 2021 to September 23, 2021. Plaintiff was ordered to file the settlement agreement under seal for the court's review. The court had noted that if any party contended that there is a different signed version of the settlement agreement, that was to be filed under seal, also. On September 23, 2021, the hearing was continued...

Excerpt: ...oving, opposition, and reply papers. RULING The motion is GRANTED. The FSC is continued to Mar 23 2022, at 08:30 a.m. The trial is continued to March 16 2022, at 10:00 a.m. Any trial related dates will be continued to the new trial date. 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. Plaint...

Excerpt: ...ion was filed. RULING The motion for summary judgment is GRANTED. The motion for summary adjudication is MOOT. Plaintiff is entitled to judgment against defendant in the amount of $62,513.04. BACKGROUND On September 30, 2020, American Express National Bank filed a complaint against defendant Alvin Hilliard for common counts for $62,513.04. On February 26, 2021, defendant filed an answer. LEGAL AUTHORITY The purpose of a motion for summary judgmen...