Excerpt: ...d reply papers. RULING The motion is GRANTED as to defendants. The action is STAYED pending the outcome of the arbitration proceeding. BACKGROUND On July 14, 2021, plaintiff Sri Ramanathan (self-represented) filed a complaint against defendants G2 Secure Staff LLC and Saeed Bholat for (1) retaliation, (2) prevention of relief through Collective Bargaining Agreement – Discrimination, (3) failure to prevent discrimination, (4) violation of civil ...

Excerpt: ...y papers. RULING The motion for judgment on the pleadings is GRANTED WITH 5 DAYS LEAVE TO AMEND as to allegations regarding transfer/assignment. BACKGROUND On February 15, 2019, plaintiffs Amelia A. Yuhas and Vincent C. Yuhas Jr. filed a complaint against Gizmo Media LLC and Nayeem Ahmed Khan for (1) breach of contract [against Gizmo only] and common counts – account stated [against both defendants]. Plaintiffs seek the same amount of damages, ...

Excerpt: ...Attachment The court considered the moving and opposition papers. RULING The application is DENIED. BACKGROUND On August 11, 2020, plaintiff Marshall Tool & Supply, LLC filed a complaint against defendant Warmelin Precision Products, LLC for (1) open book account, (2) account stated, and (3) reasonable value. On April 22, 2021, defendant filed a cross-complaint against CDL Associates Insurance Agency LLC, Shannon Lair, and Heidi Colson for neglig...

Excerpt: ...s. The hearing had been continued to allow plaintiff's counsel to submit a supplemental declaration as to efforts to confirm the clients' address and to submit a corrected proposed order. RULING The motions are GRANTED. The court orders that the attorney is relieved as counsel of record for defendants Throne Shipping Inc and Olalekan Michael Ilori, effective upon the filing of the proof of service of the signed “Order Granting Attorney's Motion...

Excerpt: ...tion, and reply papers. RULING The demurrer is OVERRULED. Defendant is ordered to file an answer within ten days. BACKGROUND On November 25, 2020, plaintiff Rafael Galindo, individually and on behalf of others similarly situated, filed a complaint against Maxim Healthcare Services, Inc. class action for labor code violations (1st through 8 th cause of action), unfair and unlawful business practices (9 th cause of action), and a representative act...

Excerpt: ...papers. RULING The motion to strike is DENIED. BACKGROUND On March 19, 2018, plaintiff Barrett Daffin Frappier Treder & Weiss, LLP filed a complaint in interpleader under CCP §§386 and 386.6 against Carlos Garau, Olga Garau, Torrance Unified School District, and Investment Retrievers, Inc. Plaintiff alleges that $150,209.15 constitutes available surplus foreclosure proceeds from the September 29, 2017 foreclosure sale of the property at 23414 W...

Excerpt: ... Motion to Compel Further Responses to Request for Production of Documents, Set Two (as to defendant Timberwolff Construction, Inc.) (2) Motion to Compel Further Responses to Request for Production of Documents, Set Two (as to defendant Final Phase Construction, Inc.) (3) Motion to Compel Further Responses to Request for Production of Documents, Set Two (as to defendant Elevon Retail Association) (4) Motion to Compel Further Responses to Request ...

Excerpt: ...rs. RULING The motion is DENIED as untimely. BACKGROUND On February 4, 2019, plaintiff Nina Robinson filed a complaint against Loving Hearts Private Care, Inc. (“LHPC”) and Annetta Sparks for violations of FEHA, retaliation in violation of public policy, violations of the Labor Code, IIED, and negligence. Plaintiff alleges that on May 4, 2017, plaintiff reported suspected sexual abuse of a certain patient (“Patient 1”) by her nephew to he...

Excerpt: ...ruth of Facts in Plaintiff's Request for Admission, Set 1 Admitted Against Defendant Real Choice Management Inc. The court considered the moving papers. No opposition was filed. RULING The motions are GRANTED. The court deems admitted the truth of any matters specified in plaintiff Amir Rad's Requests for Admission, Set One, against defendants Salome L. Shek and Real Choice Management Inc. Each defendant is ordered to pay sanctions to plaintiff i...

Excerpt: ...dered the moving, opposition, and reply papers. RULING The motion to strike is GRANTED WITHOUT LEAVE TO AMEND. Defendant is ordered to file an answer within ten days. BACKGROUND On March 10, 2021, plaintiff Red Target, LLC dba SCJ Commercial Financial Services filed a complaint against Go Green Mobile Power, LLC and Coachillin Holdings LLC for (1) breach of contract, (2) breach of contract, (3) possession (claim and delivery), (4) willful and mal...

Excerpt: ...papers. RULING The demurrer to the 3 rd cause of action is SUSTAINED WITH 20 DAYS LEAVE TO AMEND and the 6th cause of action is OVERRULED. The motion to strike is GRANTED as to paras. 26 and 28 and DENIED as to para. 65. BACKGROUND On December 11, 2018, Pinesight LLC and Veritas Liberabit Vos LLC filed a complaint against Zon Inc., Cameron Wilson, and Sarah Aikin for (1) declaratory relief, (2) declaratory relief, (3) breach of contract, (4) dama...

Excerpt: ...e proof of service filed on August 5, 2021 is quashed. 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. Plaintiff alleges that on July 11, 2017, defendant Oliva committed acts of civil sexual battery. While attempting to gain access to pla...

Excerpt: ...osition was filed. RULING The motion is DENIED WITHOUT PREJUDICE. BACKGROUND On March 2, 2021, State Farm Fire and Casualty Company filed a complaint against Grace Memorial Chapel & Funeral Home, Inc. for common counts and unjust enrichment. On June 8, 2021, the court granted defendant's motion to quash service of summons as to the proof of service filed on May 17 2021. LEGAL AUTHORITY CCP §418.10 states: “(a) A defendant, on or before the las...

Excerpt: ...ourt considered the moving, opposition, and reply papers. RULING The motion is CONTINUED to October 14, 2021 Plaintiff is ordered to file the settlement agreement under seal for the court's review within five days of the hearing. BACKGROUND On November 8, 2019, plaintiff Brittany Smith, individually and as representative of the Estate of Mary Ann Brown McCoy filed a complaint against KND Development 53, LLC dba Kindred Hospital South Bay for (1) ...

Excerpt: ... and response. The court had continued the hearing from August 18, 2021 for further briefing. RULING The motion for summary judgment is DENIED. BACKGROUND On September 12, 2019, Josefina Lucero filed a complaint against Aerotek, Inc., Allegis Group, Inc., and Aracely Delgadillo for motor vehicle negligence and general negligence involving a motor vehicle accident that occurred on September 18, 2017 at 135th Street and Vermont Avenue in Los Angele...

Excerpt: ...position, and reply papers. RULING The demurrer to the 6 th cause of action for IIED in the SAC is SUSTAINED WITHOUT LEAVE TO AMEND. The motion to strike is DENIED as to paras. 10-13, 26-28, 61, and 158, GRANTED WITHOUT LEAVE TO AMEND as to paras. 108, 110-11, 170, 232, and prayer for punitive damages, and MOOT as to paras. 180-85 and 212. Defendant is ordered to file an answer within ten days. BACKGROUND On October 1, 2020, Sonia Jackeline Canal...

Excerpt: ...eply papers. RULING The motion to strike is GRANTED WITH 10 DAYS LEAVE TO AMEND. BACKGROUND On April 9, 2021, plaintiff Erika Sawhney filed a complaint against Citizen South Bay on W235th, Coastline Real Estate Advisors, and CLPF Vista North LP for (1) breach of implied warranty of habitability, (2) intentional breach of implied warranty of habitability, (3) nuisance (negligent), (4) nuisance (intentional), (5) negligence, (6) IIED, (7) breach of...

Excerpt: ...motion to enforce settlement is DENIED as MOOT. BACKGROUND On August 25, 2020, plaintiff Dora D. Holden filed a complaint against Jaguar Land Rover North America, LLC for violation of Song-Beverly Act and breach of implied warranties. On June 22, 2021, plaintiff filed a substitution of attorney is now representing herself. LEGAL AUTHORITY CCP §664.6 states: “If parties to pending litigation stipulate, in a writing signed by the parties outside...

Excerpt: ... reply papers. RULING The motion is GRANTED. The requests for sanctions are DENIED. BACKGROUND On September 27, 2018, plaintiffs Laura Esquivel and Margarita De La O filed a complaint against Menzies Aviation (USA) Inc. and Arturo Diazibarra for (1) negligence, (2) negligence per se, and (3) statutory liability for personal injuries as a result of an incident where plaintiffs were driving on a service road at LAX when they were hit by an aircraft...

Excerpt: ... RULING The motion to tax costs as to Eric Feit, DPM's memorandum of costs is GRANTED as to Item 4 in the amount of $250 and otherwise DENIED. The motion to tax costs as to Alona Kashanian, DPM's memorandum of costs is GRANTED as to Item 4 in the amount of $250 and otherwise DENIED. BACKGROUND On March 13, 2019, Gilbert Parra filed a complaint against Eric M. Feit, D.P.M., Alona Kashanian, D.P.M., Pooya Lashkari, D.P.M., and Precision Foot and An...

Excerpt: ...Requests for Production of Documents, Set One The court considered the moving and reply papers and defendants' August 18, 2021 status report. RULING The motions are MOOT. BACKGROUND On November 22, 2019, Michael Dyberg filed a complaint against Laura Gehley and Mark Gehley for (1) defamation and (2) IIED. The complaint alleges that this is an action arising from the social media campaign that defendants have waged against plaintiff. Between Septe...

Excerpt: .... RULING The demurrer is SUSTAINED. The action is STAYED pending resolution of the JCCP action. The court sets a hearing date on ________________ as to status of resolution of the JCCP action. BACKGROUND On March 22, 2021, Monica Speed, ind. and on behalf of other aggrieved employees pursuant to PAGA, filed a complaint against GSG Protective Services CA Inc. and HRRM Services, Inc. for violation of Labor Code §2698, et seq. (Private Attorneys Ge...

Excerpt: ... Special Motion to Strike Complaint Pursuant to Code of Civil Procedure Section 425.16 is GRANTED. The court awards attorney's fees and costs in Defendants' favor ang against Plaintiff in the amount of $4,200.88. Background Plaintiff Yvonne Jiang (“Plaintiff”) alleges as follows: Plaintiff and Defendant Helen Xu (“Xu”) were involved in a failed real estate transaction. This transaction appears to have been the subject of a prior lawsuit (...

Excerpt: ...ur to the constructive fraud and legal malpractice causes of action. Constructive Fraud Constructive fraud “arises on a breach of duty by one in a confidential or fiduciary relationship to another which induces justifiable reliance by the latter to his prejudice.” Tyler v. Children's Home Society (1994) 29 Cal.App.4th 511, 548. A fiduciary must tell its principal “of all information it possesses that is material to the principal's interests...

Excerpt: ...osition, and reply papers. RULING Defendants' Demurrer to Plaintiff's Second Amended Complaint is SUSTAINED, with 20 days leave to amend. BACKGROUND On October 9, 2020, Todd Barton (self-represented) filed a Complaint against the City of Torrance, Patrick J. Furey, Mayor of City of Torrance, Craig Bilezerian, Director of Public Works for the City of Torrance, and Eve Berg, Chief of Police for the City of Torrance for (1) motor vehicle negligence,...

Excerpt: ...(2) Motion for Summary Judgment The court considered the moving and opposition papers. RULING Defendant Samer Moghaddam, M.D.'s Motion for Summary Judgment is DENIED. Defendant Daryl R. Rheuark, M.D.'s Motion for Summary Judgment is DENIED. BACKGROUND On May 14, 2019, plaintiffs Craig Harries and Alexa Harries filed a complaint against defendants Daryl Robert Rheuark, M.D.; Ronak Basant Garg, M.D.; Sandy Shan-Ying Cho, M.D.; Samer H. Moghaddam, M...

Excerpt: ...ummons The court considered the moving, opposition, and reply papers. RULING The motion to quash service of summons is GRANTED. BACKGROUND On November 25, 2019, plaintiffs Webtoon Entertainment, Inc. and Quanquan (Chelsey) Han filed a complaint against defendants Rocketship Entertainment, LLC and Thomas G. Akel for (1) inducing breach of contract, (2) intentional interference with contractual relations, (3) intentional interference with prospecti...

Excerpt: ... trial date is DENIED. The request for jury trial is DENIED. BACKGROUND On June 23, 2021, plaintiff Metlox LLC filed an unlawful detainer complaint against defendant Trilogy Day Spa, Inc. On July 21, 2021, defendant filed a motion to continue trial date. The court denied the motion without prejudice for failure to present the motion to the court via a reservation or a noticed motion on July 23, 2021. On July 30, 2021, defendant filed an ex parte ...

Excerpt: ...oving, opposition, and reply papers. RULING 1. Production and Identification of Documents and Things, Set Three: The motion is DENIED. The requests for sanctions are DENIED. 2. Supplemental Production and Identification of Documents and Things: The motion is GRANTED and DENIED IN PART. The requests for sanctions are DENIED. 3. Supplemental Interrogatories: The motion is DENIED. The requests for sanctions are DENIED. BACKGROUND On September 27, 20...

Excerpt: ...Williams Demurrer The court considered the moving, opposition, and reply papers. RULING The court SUSTAINS the demurrer as to the first cause of action with 20 days leave to amend. The court directs plaintiff to clarify the statutes upon which plaintiff has requested relief under the first cause of action. The court permits plaintiff to remove the reference to the law firm of Libert Cassidy Whitmore and to remove references to the individual defe...

Excerpt: ... date is GRANTED. The request for jury trial is DENIED WITHOUT PREJUDICE. The court orders trial continued from August 17, 2021 to ______________ at 10:00 a.m. in Department M. The Final Status Conference is continued from August 17, 2021 to _______________ at 10:00 a.m. in Department M. Discovery and motion cut-off dates shall be based on the new trial date. BACKGROUND On June 23, 2021, plaintiff Metlox LLC filed an unlawful detainer complaint a...

Excerpt: ...th Prejudice The court considered the moving and response papers. RULING The motion for terminating sanctions and dismissal of action with prejudice is GRANTED. Plaintiffs Janine Tavoularis and Oriana Tavoularis‘ action against Defendant Torrance Memorial Medical Center (erroneously sued and served as Torrance Memorial Hospital) is hereby dismissed. BACKGROUND On May 21, 2019, plaintiffs Janine Tavoularis and Oriana Tavoularis (self-represented...

Excerpt: ...s continued multiple times as to status of bankruptcy. RULING The motion is DENIED. BACKGROUND On December 15, 2016, plaintiff Elizabeth Rodriguez filed a complaint against defendants Zayna Flaming Grill, Inc., Raid Younis, and Sana Younis. On March 30, 2017, plaintiff filed a FAC for breach of contract, fraud, unfair business practices, and breach of fiduciary duties. On October 6, 2017, plaintiff filed a SAC. On April 30, 2019, plaintiff filed ...

Excerpt: ...nd Requests for Production The court considered the moving papers. No opposition was filed. RULING The motion is GRANTED upon payment of additional $120 in filing fees. Defendant Realty Asset Advisors Southwest, Inc. is ordered to serve on plaintiff Partner Assessment Corporation verified responses without objections to plaintiff's Form Interrogatories, Set One and Special Interrogatories, Set One, within 20 days. Defendant Realty Asset Advisors ...

Excerpt: ... to Be Relieved as Counsel The court considered the moving papers, plaintiffs' counsel's declaration, and counsel's response. RULING The motions are GRANTED. The court orders that the attorney is relieved as counsel of record for defendants Tony Sugiono and Agus Setiawan, effective upon the filing of the proof of service of the signed “Order Granting Attorney's Motion to Be Relieved as Counsel – Civil” (Judicial Council form MC-053) upon th...

Excerpt: ... demurrer to the FAC is SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 st, 2 nd, 3 rd, 4 th, 5th, 6 th, 7 th, and 8 th causes of action. The demurrer is OVERRULED as to the 9 th cause of action. Defendant Rita 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 Rec...

Excerpt: ... in Interpleader (2) Motion to Dismiss Complaint in Interpleader The court considered the moving and opposition papers. RULING The motion to strike is DENIED. The motion to dismiss is DENIED. BACKGROUND On March 19, 2018, plaintiff Barrett Daffin Frappier Treder & Weiss, LLP filed a complaint in interpleader under CCP §§386 and 386.6 against Carlos Garau, Olga Garau, Torrance Unified School District, and Investment Retrievers, Inc. Plaintiff al...

Excerpt: ...sition, and reply papers. RULING The motion is GRANTED as to defendants. The action is STAYED pending the outcome of the arbitration proceeding. BACKGROUND On November 17, 2020, plaintiff Maria Cubias filed a complaint against Air Fayre CA, Inc. and Adecco USA, Inc. for (1) disability discrimination, (2) failure to accommodate, (3) failure to engage in interactive process, (4) retaliation (Gov. Code §12945.2), (5) retaliation (Gov. Code §12940(...

Excerpt: ..., 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 (4) Motion to Compel Further Responses to Amended Requests for Admission, Set One (5) Motion to Compel Further Responses to Requests for Admission, Set Two The court considered the moving, opposition, and reply papers and joint status report. On June 18, 2021, t...

Excerpt: ...GRANTED. Defendant is to submit a proposed judgment within ten days. BACKGROUND On April 16, 2019, John Garcia filed a complaint against SuperShuttle Los Angeles, Inc., Blue Van LSG, Nima Trans, LLC, Execucar LSE, and Sangeeta Reddy for motor vehicle negligence and general negligence based on an incident that occurred on March 12, 2018, at World Way N and West Way, Los Angeles. On July 9, 2019, plaintiff filed a request for dismissal as to defend...

Excerpt: ...sition, and reply papers. RULING The motion is GRANTED as to defendants. The action is STAYED pending the outcome of the arbitration proceeding. BACKGROUND On November 17, 2020, plaintiff Maria Cubias filed a complaint against Air Fayre CA, Inc. and Adecco USA, Inc. for (1) disability discrimination, (2) failure to accommodate, (3) failure to engage in interactive process, (4) retaliation (Gov. Code §12945.2), (5) retaliation (Gov. Code §12940(...

Excerpt: ...GRANTED. Defendant is to submit a proposed judgment within ten days. BACKGROUND On April 16, 2019, John Garcia filed a complaint against SuperShuttle Los Angeles, Inc., Blue Van LSG, Nima Trans, LLC, Execucar LSE, and Sangeeta Reddy for motor vehicle negligence and general negligence based on an incident that occurred on March 12, 2018, at World Way N and West Way, Los Angeles. On July 9, 2019, plaintiff filed a request for dismissal as to defend...

Excerpt: ... On October 10, 2019, plaintiff Loren Ira Morgan filed a complaint against Helen Kelly for (1) specific performance, (2) breaches of express verbal contracts, (3) breaches of implied agreements, (4) imposition of contractive trust, and (5) partition. On January 30, 2020, plaintiff filed a FAC for (1) breaches of express verbal contracts, (2) breach of implied in fact contract, and (3) partition. LEGAL AUTHORITY The purpose of a motion for summary...

Excerpt: ...is OVERRULED as to the 3 rd through 8 th causes of action in the FACC. Cross- defendants are ordered to file an answer within ten days. BACKGROUND On August 30, 2019, plaintiff EDPO LLC dba Expo Propane filed a complaint against Destination Shuttle Services, LLC (“DSS”), Brian Lott, Jack Lott, National Transportation Inc., NTI-CA Inc. dba NTI Ground Trans, John Kindt, James Gleich each dba Destination Shuttle Services for (1) breach of writte...

Excerpt: ... opposition, and reply papers. RULING The motion is GRANTED IN ITS ENTIRETY. BACKGROUND On September 17, 2019, plaintiff Jason Kang filed a complaint against defendant Christian Rado for (1) breach of contract, (2) fraud, (3) declaratory relief, (4) conversion, (5) negligence, and (6) injunction. On February 18, 2020, Christian Rado and Vaporous Technologies Inc. filed a cross-complaint against Jason Kang and Loadedco Inc. for (1) breach of contr...

Excerpt: ...causes of action are SUSTAINED WITH 20 DAYS LEAVE TO AMEND. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND. BACKGROUND On December 3, 2020, plaintiff Jorge Silva filed a complaint against Jennifer Fuentes for (1) breach of contract, (2) fraud, (3) accounting, and (4) involuntary dissolution and winding up of the corporation “SAS 2016 Enterprises Inc.” On May 7, 2021, plaintiff dismissed the 1 st cause of action for breach of contract....

Excerpt: ... have been filed. RULING Plaintiff Yadira Gomez's Motion to Set Aside and Vacate Dismissal is GRANTED. Plaintiff's counsel, Jorge Reyes, is ordered to pay sanctions in the amount of $1,000, pursuant to Code of Civil Procedure § 473(c)(1)(A). 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. (“Americ...

Excerpt: ...May 20, 2021, plaintiff EQR-HHC 1&2, LP filed an unlawful detainer complaint against defendants Alycha Griffin and Does 1 through 10. 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 extrinsic matters. Therefore, it lies only where the defec...

Excerpt: ...d the moving, opposition, and reply papers. RULING The demurrer is OVERRULED. BACKGROUND On January 2, 2018, Plaintiff MWSK Properties, LLC (MWSK) filed a complaint against Defendant South Bay Montessori School for (1) declaratory and injunctive relief and (2) nuisance. Plaintiff alleges that it is the owner of real property located at 23112 Hawthorne Blvd., Torrance. Defendant is the owner or leaseholder of 23104 Hawthorne Blvd., Torrance. Plain...

Excerpt: ...pers. RULING The demurrer is OVERRULED AND SUSTAINED IN PART. The demurrer on grounds of uncertainty and as to the alter ego allegations is OVERRULED. Plaintiff has 20 days' leave to amend the fifth, sixth, and seventh causes of action. All other causes of action are dismissed. The motion to strike is DENIED as moot. The request for sanctions is DENIED. BACKGROUND Complaint On October 26, 2018, plaintiff Merchant Advance Pay, Inc. filed a complai...

Excerpt: ...plaint and Motion to Strike (2) Demurrer to First Amended Complaint The court considered the moving, opposition, and reply papers. RULING (1) The demurrer is SUSTAINED in its entity with leave to amend as to the fifth, seventh, and ninth causes of action only. Plaintiff is granted 20 days from the date of this order to file an amended complaint. The motion to strike is DENIED as moot. (2) The demurrer is OVERRULED in part and SUSTAINED in part. T...

Excerpt: ...e, Limit Plaintiffs Notice of Deposition of PMQ (2) Motion for a Protective Order Regarding Confidential Designations The court considered the moving, opposition, and reply papers and joint status report. On May 5, 2021, the court continued the hearing as to defendant's PMQ to allow counsel to meaningfully meet and confer and to provide a joint status report as to the categories and requests at issue. RULING The motion for protective order as to ...

Excerpt: ...endants. Hearing Date: June 24, 2021 Moving Parties: Defendants L&P Associates and DE Miranda Management Responding Party: Plaintiffs Sonia Jackeline Canales, et al. Demurrer and Motion to Strike The court considered the moving, opposition, and reply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the sixth cause of action and SUSTAINED WITH LEAVE TO AMEND as to the seventh, and eighth causes of action. The demurrer is OVERR...

Excerpt: ...m 8 in the amount of $54,108.49, Item 14 in the amount of $1,893.60, and Item 16 in the amount of $1,150 in Lyft's memorandum of costs. Such costs are STRICKEN AND/OR TAXED. The motion is DENIED as to Items 4, 5, and 13. BACKGROUND On March 12, 2018, Young Kook Cho filed a complaint against John McEwan and Uber Technologies, Inc. for (1) negligence, (2) assault and battery, and (3) violation of the Bane Act, Civil Code §52.1. On April 11, 2018, ...

Excerpt: ...ving papers. No opposition was filed. RULING The motion is GRANTED. Defendant Fluor Flatiron Balfour Beatty Dragados DBJV d/b/a Linxs Constructors is ordered to file its cross-complaint within five days. BACKGROUND On November 12, 2020, plaintiffs Maria D. Felix Beltran, Isaias de Jesus Barajas Felix, Emiliano Guadalupe Barajas Felix, Maria Fernanda Lopez-Felix, Erick Alin Mora Felix, and Hildeliza Barajas filed a complaint against Los Angeles Wo...

Excerpt: ...on is DENIED although defendants are ordered to serve separate responses as to each defendant within 5 days. BACKGROUND On October 24, 2017, Danny Trebold (self-represented) filed a complaint against Allianz Global Risks United States (AGRUS) for fraud. The “cause of action” was not attached to the complaint as is required by the form complaint at para. 8. On December 12, 2017, plaintiff filed a First Amended Complaint, which did not have the...

Excerpt: ...nd supplemental declaration. On April 20, 2021, the court had continued the hearing to allow defendant to resolve its suspended status, which it did. RULING The demurrer is OVERRULED as to the 2 nd and 3 rd causes of action and SUSTAINED WITHOUT LEAVE TO AMEND as to the 4 th, 5 th, and 6 th causes of action. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND as to 8:23-26, any reference or prayer for punitive and exemplary damages and sanctio...

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

Excerpt: ...s. RULING The motion is GRANTED. Defendant is ordered to produce the following records for in camera inspection as to the identified officers: (1) Unredacted versions of applications, resumes, score cards, scoring notes, selection memoranda, and discipline record identifying each individual selected to promote to sergeant in 2016, 2017 (LAWA0064216-0064454), 2018 (LAWA0063706-LAWA0064047), and 2019 (LAWA64048- LAWA0064215); (2) Unredacted version...

Excerpt: ...is DENIED. BACKGROUND On February 19, 2019, Cambria Company LLC filed a complaint against 213 Manhattan Beach Blvd Partners, LLC for breach of contract. Plaintiff alleges that on September 8, 2016 the plaintiff, as tenant, and defendant, as landlord, entered into a written commercial lease agreement for space located at 213-215 Manhattan Beach Blvd. in Manhattan Beach with a natural expiration date of December 31, 2023. On January 11, 2019, the p...

Excerpt: ...D. Plaintiff is to file the SAC within five days. BACKGROUND On June 22, 2020, plaintiff Green Certifications, Inc. filed a complaint against Steven Peacock, Daniel Peacock, and Green Globe Limited for (1) unfair business practices, (2) intentional interference with prospective economic advantage, (3) negligent interference with prospective economic advantage, and (4) civil conspiracy. Plaintiff alleges that it provides certification, training, e...

Excerpt: ...END as to the 5 th cause of action in the FAC. Defendant is ordered to file an answer within ten days. BACKGROUND On June 19, 2020, plaintiff Markus J. Wilson filed a complaint against Ramjibhai M. Patel for (1) breach of implied warranty of habitability, (2) battery, (3) negligence – premises liability/failure to warn, (4) nuisance, (5) IIED, (6) NIED, (7) breach of contract, (8) breach of covenant of quiet enjoyment, and (9) fraudulent concea...

Excerpt: ...court considered the moving and response papers. RULING The motion is GRANTED. The court orders Omid Barkhordar, D.D.S. to appear for deposition within 15 days on a mutually agreeable date and time if he has not already appeared. Defendant is also ordered to produce documents responsive to plaintiff's Request for Production of Documents, Set One within ten days and to produce a privilege log as to any withheld responsive documents. The court orde...

Excerpt: ...apers. RULING The motion is GRANTED as to modifying Request Nos. 1, 6, 7, and 8 to delete “IP addresses, login devices.” The motion is GRANTED as to Nos. 3, 4, 5, 9, and 10. The motion is DENIED as to No. 2. BACKGROUND On September 17, 2019, plaintiff Jason Kang filed a complaint against defendant Christian Rado for (1) breach of contract, (2) fraud, (3) declaratory relief, (4) conversion, (5) negligence, and (6) injunction. The complaint all...

Excerpt: ...Documents Responsive to Deposition Subpoena The court considered the moving and opposition papers and reply declaration. RULING The motion is DENIED. BACKGROUND On July 18, 2018, plaintiff Denise McDermott filed a complaint against David T. Macklin, 27Reasons Foundation, Inc., Glory Days 4 on 4, LLC, I Wear, LLC, Symposium Sports Management, L.L.C., Wyfy Entertainment L.L.C., and Shulove Reshia Parks for (breach of contract, (2) breach of fiducia...

Excerpt: ...red the motion, opposition, and reply papers. RULING The motion is GRANTED. The lis pendens recorded against 9762 Surrey Avenue, Montclair, on December 27, 2018, is expunged. Defendant Tanvir M. Ahmad is awarded attorney's fees and costs against plaintiff in the amount of $6,952 to be paid within 30 days. LEGAL AUTHORITY “At any time after notice of pendency of action has been recorded, any party, or any nonparty with an interest in the real pr...

Excerpt: ..., and reply papers. RULING The motion is DENIED as to Maniaci's request to amend his answer to the FACC. The motion is GRANTED as to substituting Toshie Bergan as successor in interest as defendant. BACKGROUND On March 7, 2017, Daniel Maniaci and Eric Maniaci filed a complaint against Helge K. Bergan for (1) declaratory judgment, (2) breach of oral, implied, and written contracts, and (3) an accounting. On April 13, 2017, Helge K. Bergan filed a ...

Excerpt: ... motion is CONTINUED to July 1, 2021, at 8:30 a.m. Plaintiff is to take motion off calendar if the depositions go forward on June 23, 2021. BACKGROUND On August 7, 2019, Jesus Hernandez filed a complaint against American Honda Motor Co., Inc. for violation of statutory obligations under the Song-Beverly Act. On January 8, 2021, the parties entered into a stipulated protective order. On April 23, 2021, the court denied in part and granted in part ...

Excerpt: .... RULING The motion is GRANTED. Plaintiff is awarded $46,000 in attorney's fees and $73.15 in costs as against defendant. BACKGROUND On October 29, 2019, Vladislav Dikov filed a complaint against Mercedes-Benz USA, LLC and Jones Ontario Acquisition, LLC dba Mercedes-Benz of Ontario for violations of statutory obligations under the Song-Beverly Consumer Warranty Act. On January 7, 2021, plaintiff filed a notice of settlement. LEGAL AUTHORITY CCP �...

Excerpt: ...The court considered the moving, opposition, and reply papers. RULING The motion is DENIED WITHOUT PREJUDICE. The parties are encouraged to meet and confer and to stipulate as to a second physical examination. BACKGROUND On December 21, 2018, plaintiffs Cynthia L. Conner and Lisa Whitten filed a complaint against Lyft, Inc., Kingsley Ofomata, Los Angeles World Airports Authority, Los Angeles Airport Police Division, City of Los Angeles, Los Angel...

Excerpt: ...LING The demurrer is OVERRULED as to the 3 rd and 4 th causes of action and SUSTAINED WITHOUT LEAVE TO AMEND as to the 5 th cause of action in the SAC. Defendants are ordered to file an answer within fifteen days. BACKGROUND On January 16, 2020, Jessie Emad Alhussain filed a complaint against Azim Dental Corporation and Noorullah Azim, DDS for (1) general negligence/professional negligence and (2), (3) intentional tort. On June 18, 2020, plaintif...

Excerpt: ...Motion to Compel Attendance at Deposition of Witness Luz Paredes The court considered the motion papers, opposition declarations of N. Cantoria and L. Paredes, and supplemental declarations of defense counsel. A hearing was held on April 19, 2021, where the court ordered L. Paredes to pay monetary sanctions and counsel to meet and confer to reschedule the depositions of Cantoria and Paredes. The hearing was continued to see if additional sanction...

Excerpt: .... Steadfast Insurance Company is ordered to file its complaint-in- intervention within five days. BACKGROUND On December 21, 2018, plaintiffs Cynthia L. Conner and Lisa Whitten filed a complaint against Lyft, Inc., Kingsley Ofomata, Los Angeles World Airports Authority, Los Angeles Airport Police Division, City of Los Angeles, Los Angeles Police Department, and County of Los Angeles for negligence and dangerous condition on public property. On Ap...

Excerpt: ...sal of Action with Prejudice The court considered the moving and response papers. The hearing was continued because both plaintiffs were ill. Plaintiffs were directed to offer dates certain for their depositions, which must take place within 30 days of April 14, 2021. The court ordered that on the next hearing date, if an amended complaint has not been filed and/or if depositions have not been take, absent showing of very good cause, the motion f...

Excerpt: ...ivate Attorney General Act of 2004 The court considered the moving papers. RULING The motion is GRANTED as to the filing of the FAC. The motion is CONTINUED to ______________, at 8:30 a.m. to allow the parties to address the following issues and to submit a declaration attesting to the changes. 1. Notice. a. See request for edits and modifications to proposed notice below. b. Ensure that the notice accurately reflects the court's current social d...

Excerpt: ...on, and reply papers. RULING The motion is GRANTED, subject to the parties entering into a protective order re confidentiality, as to Nos. 7, 10, 19, 34, 38, and 41. No. 19 is limited to “vehicles of the same year, make, and model as the subject vehicle” and “within California”; No. 38 is limited to “since 2019”; and No. 41 is limited to “within California.” The motion is DENIED as to Nos. 16-18, 21, 42, and 51. BACKGROUND On May ...

Excerpt: ...s. RULING The motion for summary judgment is DENIED. BACKGROUND On October 7, 2019, plaintiff Kailey Snider filed a complaint against Eric Birkemeier, Swell Technologies, LLC, dba Ride Riptide, Scott Friedman, Andree Friedman, and Friedman Trust for general negligence, premises liability, and general negligence (against the Friedmans). On August 5, 2020, plaintiff filed an amendment designating Intuitive Motion, Inc. as Doe 1. LEGAL AUTHORITY The...

Excerpt: ... Motion for Appointment of Receiver The court considered the moving, opposition, and reply papers and supplemental briefs. At the hearing on April 22, 2021, the court continued the hearing and directed the parties to meet and confer to attempt to hold a valid vote for the appointment of counsel for the LLC, selection of a broker, and sale of the property. The parties could file a brief as to the conduct and result of the meet and confer. A vote w...

Excerpt: ...YS LEAVE TO AMEND as to the 1 st cause of action for battery. BACKGROUND On September 13, 2019, plaintiff Erica H. Leventhal, a minor by and through her guardian ad litem, Cornelia A.R. Pechmann, filed a complaint against Select Medical Holdings Corporation, Inc., Select Physical Therapy, Novacare Rehabilitation Health Services, Inc., and Heather Seyfert for (1) battery, (2) fraud, and (3) negligence. On February 21, 2020, the court overruled def...

Excerpt: ...aintiffs entered into a contract with Defendant. The remaining allegations of the Complaint are uncertain. Plaintiff alleges that “Defendant entered into a contract to provide cement to the construction site of a project.” (Complaint, pg. 3.) Thus, this allegation makes it appear that Defendant was the party that provided cement to a construction project. However, the next allegation appears to support the contention that Plaintiff possibly p...

Excerpt: ...ply papers. RULING The motion for summary judgment is GRANTED. The motion for summary adjudication is MOOT in light of the ruling on the motion for summary judgment. BACKGROUND On March 13, 2019, Gilbert Parra filed a complaint against Eric M. Feit, D.P.M., Alona Kashanian, D.P.M., Pooya Lashkari, D.P.M., and Precision Foot and Ankle Centers for (1) negligence/medical malpractice, (2) fraud/deceit/intentional misrepresentations, and (3) negligent...

Excerpt: ...the Complaint The court considered the moving, opposition, and reply papers. RULING The demurrer is OVERRULED as to the 1 st, 4 th, 5 th, 7 th, 8 th, 9 th, and 10 th causes of action and SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 2 nd, 3 rd, and 6 th causes of action in the complaint. The motion to strike is DENIED as to each cause of action, the allegations as to defendant, and the prayer for costs and GRANTED WITH 20 DAYS LEAVE TO AMEND as...

Excerpt: ...ly papers. RULING The motion for summary judgment is GRANTED. The motion for summary adjudication is MOOT in light of the ruling on the motion for summary judgment. BACKGROUND On November 20, 2019, plaintiff My Hoang Kieu Le filed a complaint against Hyundai Motor America for violations of statutory obligations under the Song-Beverly Consumer Warranty Act. On February 19, 2020, plaintiffs My Hoang Kieu Le and Khue Hoang Minh Le filed a FAC for (1...

Excerpt: ...ING The motion is GRANTED. Plaintiff may proceed with a lock-out for defendant's failure to make the April 16, 2021 installment. BACKGROUND On November 18, 2020, plaintiff K.P. Isis LLC filed a complaint against Sheila Starks for unlawful detainer regarding the property at 626/630 Isis Avenue, Inglewood, CA. Plaintiff alleges that at the time the notice to pay rent or quit was served the rent due was $96,000. On March 24, 2021, the parties entere...

Excerpt: ...nd reply papers. RULING The demurrer to the FAC is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. BACKGROUND On October 9, 2020, Todd Barton (self-represented) filed a complaint against Patrick J. Furey, Mayor, Craig Bilezerian, Director of Public Works, Eve Berg, Chief of Police, and the City of Torrance for (1) motor vehicle negligence, (2) general negligence, and (3) intentional tort (14 USC 1983), (4) intentional tort (18 USC 242), (5) intentional to...

Excerpt: ...ed the moving, opposition, and reply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 2 nd cause of action. Defendant is ordered to file an answer within 15 days. The motion to strike is GRANTED. BACKGROUND On April 17, 2020, plaintiff Michelle Johnson filed a complaint against Crowne Plaza Los Angeles Airport, Six Continents Hotels, Inc., Intercontinental Hotels Group, International Hotels & Resorts, and Paul Gibbs for (...

Excerpt: ... is OVERRULED. Defendants are to file an answer within ten days. BACKGROUND On September 25, 2020, Vatche Cabayan filed a complaint against Petri Entertainment, LLC and Warner Davis for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, and (3) declaratory relief. On December 22, 2020, plaintiff filed a FAC for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, (3) money had ...

Excerpt: ...ntiffs Notice of Deposition of PMQ The court considered the moving, opposition, and reply papers. RULING The motion is CONTINUED to ___________, at 8:30 a.m. to allow counsel to meaningfully meet and confer and to provide a joint status report as to the categories and requests at issue at least five days prior to the hearing. BACKGROUND On December 21, 2018, plaintiffs Cynthia L. Conner and Lisa Whitten filed a complaint against Lyft, Inc., Kings...

Excerpt: ...ons and Complaint for Lack of Personal Jurisdiction The court considered the moving papers and plaintiff's notice of non-opposition. RULING The motion is GRANTED. BACKGROUND On January 7, 2019, Donald Greene filed a complaint against Komatsu Forklift Retail Operations, Inc., Komatsu Forklift U.S.A., Inc., Komatsu Forklift U.S.A., LLC, Mitsubishi Caterpillar Forklift America, Inc., and Helen Talavou for (1) strict products liability – unreasonab...

Excerpt: ...ebruary 1, 2018, plaintiff Paul Rollins filed a complaint against Reliant Urgent Care, Christopher R. Carles, and City of Los Angeles for (1) negligence, (2) negligent entrustment, (3) negligent hiring, retention, and supervision, and (3) dangerous condition of public property. Plaintiff alleges that on August 25, 2017, at approximately 8:30 p.m., plaintiff arrived at LAX in order to visit a client in NY. Plaintiff permissibly entered a crosswalk...

Excerpt: ... RULING The demurrer to the 3 rd cause of action for wrongful death is OVERRULED. The motion to strike is DENIED. BACKGROUND On March 1, 2017, Maria Dodos, ind. and as trustee of the Maria Dodos 2014 Trust filed a complaint against Jackie Weissman and Chuck Weissman. Dodos lives at 1108 Loma Drive , Unit 2, Hermosa Beach. Weissmans reside at 1106 Loma Drive, Unit 1, Hermosa Beach. This action arises out of a dispute between next-door residents be...

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

Excerpt: ...D WITHOUT LEAVE TO AMEND. BACKGROUND On December 28, 2020, Cynthia filed a complaint against Marlon Quesada for (1) trespass and encroachment by trespass, (2) private nuisance and encroachment by private nuisance, and (3) negligence. On February 25, 2021, plaintiff filed a FAC. LEGAL AUTHORITY The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted i...

Excerpt: ...ion for summary judgment is GRANTED. BACKGROUND On May 20, 2020, Breckenridge Property Fund 2016, LLC filed a complaint against Marie Riggins and all persons unknown, claiming any legal or equitable right, title, estate, lien, or interest in the property described in the complaint adverse to plaintiff's title, or any cloud upon plaintiff's title thereto for quiet title. On July 8, 2020, defendant filed an answer in pro per. On January 7, 2021, th...

Excerpt: ...e court considered the moving papers. The hearing was continued from March 12, 2021 to April 14, 2021 to allow plaintiff's counsel to confirm contact with defense counsel at the correct phone number and to allow defendant a further opportunity to serve code-compliant responses to plaintiff's Requests for Production of Documents. On April 9, 2021, plaintiff's counsel filed a declaration as to his meet and confer efforts with defense counsel. At th...

Excerpt: ...INED WITHOUT LEAVE TO AMEND as to the 1 st, 2 nd, and 3 rd causes of action against individual defendants Megeff and Athan. The demurrer is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 1 st, 2 nd, and 3 rd causes of action. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND. The court strikes “(a firm recently found to have intentionally misrepresented facts to the Superior Court)”. BACKGROUND On January 14, 2021, Blake Williams filed ...

Excerpt: ... considered the moving, opposition, and reply papers. RULING The motion is GRANTED as to Nos. 19 (“in vehicles of the same year, make, and model as the subject vehicle” and “within California”) and 20 (“within California”). The motion is DENIED as to Nos. 10, 16, 18, 41, and 59. Defendant is ordered to produce responsive documents within 20 days. BACKGROUND On August 7, 2019, Jesus Hernandez filed a complaint against American Honda Mo...

Excerpt: ...idered the moving, opposition, and reply papers. RULING The demurrer is OVERRULED. BACKGROUND On April 3, 2019, Nathan Loesch, a minor by and through his guardian ad litem, Diana Loesch filed a complaint against Torrance Unified School District and Torrance Unified School District Public Facilities Corporation for (1) dangerous condition of public property, (2) general negligence, and (3) premises liability. Plaintiff alleges that on May 1, 2018,...

Excerpt: ...cords from World Service West The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED as to Nos. 1, 2, 3, 4, 6, 8, 9, 10, 11, 12, 13, 14, and 15. Nos. 4, 6, 8, 10, and 11 are to exclude any tax documents. World Service West is ordered to produce responsive documents within 20 days. The motion is DENIED as to Nos. 5 and 7. BACKGROUND On September 27, 2018, plaintiffs Laura Esquivel and Margarita De La O filed a ...

Excerpt: ...tion to Be Relieved as Counsel The court considered the moving papers and supplemental attorney declaration. RULING The motions are GRANTED. The court orders that the attorney is relieved as counsel of record for defendants Zoey Air, LLC and Imports of Scottsdale, LLC, effective upon the filing of the proof of service of the signed “Order Granting Attorney's Motion to Be Relieved as Counsel – Civil” (Judicial Council form MC- 053) upon the ...