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...