Excerpt: ... to file her Second Amended Complaint within five days. BACKGROUND On August 9, 2022, Tania Godfrey (self-represented) filed a complaint against Glaxo Smith Kline, LLC for general negligence and products liability. Plaintiff alleges that she started taking the antidepressant Bupropion HCL XL 150 mg on November 9, 2021 and discontinued use on February 15, 2022. When she was on it, her suicidal ideation increased and she attempted suicide unsuccess...

Excerpt: ... The court considered the moving, opposition, and reply papers. RULING The motion to strike is DENIED. 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 February 24, 2022, the court granted with leave to amend defendant Jaynette D...

Excerpt: ... demurrer is OVERRULED as to the 1 st, 2 nd, 3 rd, 5 th, and 9 th causes of action and SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 8 th cause of action. The motion to strike is GRANTED WITH 20 DAYS LEAVE TO AMEND as to the allegations and prayer for punitive damages and DENIED as to the prayer for attorney's fees. BACKGROUND On September 30, 2022, plaintiff Darren Victorian filed a complaint against Steven D. Kennedy and Susan Elizabeth Kenne...

Excerpt: ...d the moving, opposition, and reply papers. RULING The motions are MOOT. Defendant is ordered to pay additional filing fees in the amount of $120. BACKGROUND On October 19, 2021, plaintiff First Transit, Inc. filed a complaint against LAZ Parking California, LLC for (1) breach of contract, (2) quantum meruit, and (3) common counts. On January 11, 2022, plaintiff filed a FAC for (1) breach of contract and (2) common counts. On March 2, 2022, plain...

Excerpt: ...otion for Leave to File a First Amended Complaint (filed on October 17, 2022) The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED except as to the proposed 3 rd cause of action against County for negligent hiring, retention, and supervision and claim for punitive damages under prayer (3) for punitive and exemplary damages as to the 1 st, 4 th, and 5 th causes of action, where such amendments would be futile...

Excerpt: ...Complaint The court considered the moving, opposition, and reply papers. RULING The motion to strike is DENIED. Defendant is ordered to file an answer within ten days. BACKGROUND On September 16, 2022, plaintiff Behrens and Associates, Inc. filed a complaint against Travelers Property Casualty Company of America for (1) declaratory relief, (2) breach of contract, (3) breach of the duty of good faith and fair dealing, (4) equitable contribution, (...

Excerpt: ... BACKGROUND On September 26, 2022, plaintiff 211 Crystal Cove Apts LLC filed a UD complaint against Devin Kelly based on three-day notices to pay rent or quit for 211 Yacht Club Way, Unit no. 327, Redondo Beach, CA 90277 for notices demanding rent for November and December 2021 and January, February, and March 2022 and April and May 2022. LEGAL AUTHORITY CCP §418.10 states: “(a) A defendant, on or before the last day of his or her time to plea...

Excerpt: ...in five days. 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 filed a FAC. Plaintiff allege...

Excerpt: ...LING The motion is GRANTED WITH 20 DAYS LEAVE TO AMEND as to the 1 st and 2 nd causes of action and GRANTED WITHOUT LEAVE TO AMEND as to the 3 rd cause of action in the complaint. BACKGROUND On March 1, 2022, plaintiffs Martin B. Canter, aka Matador Professional Services and Roselle Maria Clark, aka Rnqueen Nursing Consultants, Inc. (self-represented) filed a complaint against Ketan Patel, Jayshree Patel, aka Purview Hospice & Palliative Care, an...

Excerpt: ...ply papers and status report. RULING The motion GRANTED. The court strikes plaintiff's complaint. 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, plaintiff was lawfully on the premises ...

Excerpt: ...ive Damages and Add Parties The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. Plaintiff is ordered to file the FAC within five days. BACKGROUND On January 27, 2022, plaintiff Marlene Thomas, ind. and as successor in interest to Ryan Thomas, filed a wrongful death and survival action against Aeolus Air Charter, Inc. for (1) negligence, (2) products liability – strict, and (3) products liability – negl...

Excerpt: ...ered to file an answer within five days. BACKGROUND On December 13, 2022, plaintiff Venice Dreams, LLC filed a complaint for unlawful detainer against Maya Peak based on a three-day notice to pay rent or quit for the property at 740 Glenway Dr., #3, Inglewood for the period October 1, 2021 through November 30, 2022. LEGAL AUTHORITY When considering demurrers, courts read the allegations liberally and in context. Taylor v. City of Los Angeles Dept...

Excerpt: ...nsidered the moving and opposition papers. RULING The motions to strike are DENIED. BACKGROUND On September 1, 2022, plaintiff Kaila M. Gutierrez, a minor by and through her parent and guardian ad litem, Nikkie Parra Dowding, filed a complaint against defendants Juden C. Valdez, M.D., UHS of Delaware, Inc., and Del Amo Hospital, Inc. for (1) medical negligence/malpractice and (2) premises liability – failure to protect from criminal acts of thi...

Excerpt: ... August 23, 2022, the court scheduled the hearing on the petition for writ of mandate for January 24, 2023 and set a briefing schedule: opening brief due December 12, 2022; opposition by December 27, 2022; and reply by January 9, 2023. Plaintiff did not file an opening brief or a reply. RULING The petition for writ of mandate is DENIED. BACKGROUND On January 15, 2020, plaintiff Michael Frilot filed a complaint against defendants City of Hermosa B...

Excerpt: ...LING The motion is GRANTED. Judgment debtor Milagros J. Macaraig D.D.S. Inc. dba All Smiles Dental is ordered to respond to plaintiff and judgment creditor Business GPS LLC's Request for Production of Documents without objections and to produce responsive documents within 20 days. The court orders that judgment debtor Milagros J. Macaraig D.D.S. Inc. dba All Smiles Dental pay sanctions in the amount of $610 to plaintiff and judgment creditor Busi...

Excerpt: ...ourt considered the moving, opposition, and reply papers. The court declines to consider the additional evidence submitted in plaintiffs' reply brief and supplemental declaration, as improperly submitted. RULING The motion is GRANTED. BACKGROUND On February 5, 2019, Kurt Baker, individual dba as Riviera Fitness, LLC and Dustin Holcomb, ind. dba as Riviera Fitness, LLC filed a complaint against Redondo Riviera Associates, LLC for (1) fraud, (2) br...

Excerpt: ... Review Hearing Date Pending Motion Resolution The court considered the moving, opposition, and reply papers. RULING The motion is DENIED. The OSC re dismissal will remain set for February 24, 2023. BACKGROUND On June 12, 2020, plaintiffs Davon Dean, Hugo Aceves, and Juan Abel Gomez filed a complaint against Lennox School District, Estate of Kent Taylor, deceased, and Janet Taylor, successor in interest of Kent Taylor for (1) sexual harassment qu...

Excerpt: ...RULING The motion to compel further responses is DENIED WITHOUT PREJUDICE. Counsel are ordered to meet and confer as to any further deficiencies, if any, and to contact the court to arrange for an IDC. Plaintiff is ordered to pay additional filing fees in the amount of $120. The court orders that the 45-day deadline does not apply to motions to compel further responses as to the further second supplemental responses as the original hearing date f...

Excerpt: ...ion was filed. RULING The motion for judgment on the pleadings is GRANTED. See judgment. BACKGROUND On September 13, 2022, plaintiff Sinatra-Castle Point Sponsor Holdings, LLC filed a verified complaint against L5 Odyssey Management, LLC for (1) reformation and (2) declaratory relief. LEGAL AUTHORITY CCP § 438 states, in relevant part: “(b)(1) A party may move for judgment on the pleadings. . . . (c)(1) The motion provided for in this section ...

Excerpt: ... is GRANTED WITHOUT LEAVE TO AMEND as to plaintiffs Brenda Session and Lowdean Session as to the FAC. BACKGROUND On June 1, 2021, plaintiffs Brenda Session, Lowdean Session, and Micah Session filed a complaint against Memorial Hospital of Gardena and Los Angeles County Metropolitan Transportation Authority for (1) wrongful death, (2) governmental negligence, and (3) medical malpractice. On May 31, 2022, the court (PI Hub) denied defendant Gardena...

Excerpt: ...the complaint. Defendant is ordered to file an answer within 20 days. BACKGROUND On July 15, 2022, plaintiff Raul Zamora Cruz filed a complaint against Allstar Logo for (1) disability discrimination, (2) failure to provide reasonable accommodation, (3) failure to engage in the interactive process, and (4) wrongful termination in violation of public policy. LEGAL AUTHORITY When considering demurrers, courts read the allegations liberally and in co...

Excerpt: ...on to Strike The court considered the moving, opposition, and reply papers. RULING The demurrers are SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 st, 3 rd, 5 th, and 6 th causes of action, SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 4 th cause of action, and OVERRULED as to the 7 th cause of action. The motions to strike are MOOT as to paras. 40 and 64, GRANTED WITHOUT LEAVE TO AMEND as to para. 57 and prayer for attorney's fees, and GRANTED ...

Excerpt: ...on was filed. RULING The motion is GRANTED. The court ORDERS that the documents lodged by plaintiff on October 11, 2022, which are referenced as “Exhibit 29” in A. Lysa Simon decl. in support of plaintiff's reply to the motion for leave to file a second amended complaint are sealed. At this time, no other records relating to this case are to be sealed. No person other than the court is authorized to inspect the sealed records. CRC Rule 2.551(...

Excerpt: ...osk Group, Inc. is ordered to file its SAC within five days. BACKGROUND On February 9, 2022, plaintiffs TelcoLynx, LLC and The Roosk Group Inc. filed a complaint against Jamie McDaniel, Friendly Llama, Inc, Diane Zane, and Zane Consulting, Inc. for (1) breach of contract, (2) breach of covenant of good faith and fair dealing, (3) breach of fiduciary duties, (4) fraud, (5) rescission of contract, and (6) unjust enrichment. On June 28, 2022, plaint...

Excerpt: ...tels Corporation filed an unlawful detainer complaint against Linda Taylor based on a three-day notice to pay rent or quit. Demurrer 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 defects appear on th...