Excerpt: .... RULING The hearing is CONTINUED to June 22, 2021, at 8:30 a.m. to allow defendant to resolve its suspended status. BACKGROUND On October 19, 2020, plaintiffs Kenneth Serra and Arleen Serra filed a complaint against Cross Creek Village HOA for (1) breach of governing documents, (2) breach of fiduciary duties, (3) breach of covenant of good faith and fair dealing, (4) breach of covenant of quiet enjoyment, (5) negligence, and (6) NIED. LEGAL AUTH...

Excerpt: ... to Compel [Further] Request for Production Responses, Set Two (2) Motion to Compel [Further] Request for Admission Responses, Set One As to Thomas G. Akel (3) Motion to Compel [Further] Interrogatory Responses, Set One (4) Motion to Compel [Further] Request for Production Responses, Set Two (5) Motion to Compel [Further] Request for Admission Responses, Set One The court considered the moving, opposition, and reply papers. RULING As to Rocketshi...

Excerpt: ...o May 17, 2021, at 8:30 a.m. to allow defense counsel to file supplemental declarations by May 12, 2021. BACKGROUND On November 6, 2019, Pacific Anvest Enterprises, LLC filed a complaint against Coastline Equity, Inc. and George Mayer for (1) breach of contract, (2) accounting, (3) breach of fiduciary duty, and (4) violation of Bus. & Prof. Code §10145. In the complaint, plaintiff alleges that on March 8, 2010, plaintiff and defendant Coastline ...

Excerpt: ... (2) Motion to Strike Portions of the Complaint The court considered the moving, opposition, and reply papers. RULING The demurrer is OVERRULED as to the first, fourth, fifth, seventh, eighth, ninth, and tenth causes of action and SUSTAINED WITH LEAVE TO AMEND as to the second, third, and sixth 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 an...

Excerpt: ...ompel Arbitration is granted. Matter is stayed pending outcome of arbitration. BACKGROUND Plaintiff Luann Fabian (“Plaintiff”) filed this action against Defendant Robert Nickell (“Defendant”) on October 15, 2020, alleging causes of action for breach of contract and common count. Plaintiff alleges that on March 8, 2018, Plaintiff and Defendant entered into a promissory note for $3,11,276.81 with interest of 9% per annum. Defendant breached...

Excerpt: ... filed. The hearing was continued from March 12, 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. RULING The motion is GRANTED. The court orders the fo...

Excerpt: ... Motion for Order Setting Aside Default Judgment The court considered the moving, opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On August 19, 2020, plaintiff Deutsche Bank National Trust Company, as Certificate Trustee on behalf of Bosco Credit II Trust Series 2010-1 filed an application for entry of judgment on sister-state judgment against Marcos Flavio aka Marcos Flavio Paiola. The application states that on December 3,...

Excerpt: ...efendant Lyft, Inc's Motion for Sanctions for Failure to Comply with Court Discovery Orders is DENIED. BACKGROUND On April 23, 2019, Iyabo Ssamuel filed a complaint against Lyft, Inc. and David Doe for (1) assault, (2) battery, (3) negligence, (4) negligent entrustment, (5) vicarious liability, (6) negligent hiring, training, and supervision, and (7) IIED. On July 5, 2019, plaintiff filed a FAC for (1) assault, (2) battery, (3) negligence, (4) vi...

Excerpt: ...dered the moving, opposition, and reply papers. There was no opposition to defendant's motion as to the cross-complaint. RULING The motion for summary judgment is GRANTED as to plaintiff Saeideh Miri's SAC. The motion for summary judgment is GRANTED as to cross-complainant Nadie Ali Elhor's cross- complaint. BACKGROUND On April 22, 2019, plaintiff Saeideh Miri filed a complaint against Nadine Ali Elhor, County of Los Angeles, and City of Los Ange...

Excerpt: ... motions for new trial are DENIED. 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 Bioacquisition Co. for medical malpractice, medical battery, medical malpractice – lack of informed consent, strict products liability – design and/or ...

Excerpt: ..., and reply papers. RULING The demurrer to the cross-complaint is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 3rd, 4 th, 5 th, 6 th, 7 th, and 9 th causes of action and SUSTAINED WITHOUT LEAVE TO AMEND as to the 8 th, 10 th, 11 th, and 12 th causes of action. The motion to strike is GRANTED WITH LEAVE TO AMEND. BACKGROUND On August 30, 2019, plaintiff EDPO LLC dba Expo Propane filed a complaint against Destination Shuttle Services, LLC, Brain...

Excerpt: ...ummary adjudication is GRANTED. BACKGROUND On November 13, 2018, plaintiff Ellis McGehee filed a complaint against defendants City of Manhattan Beach and David James Gibbons for (1) statutory liability, (2) gross negligence/reckless misconduct, and (3) negligence/negligent supervision/negligent retention. On July 23, 2019, plaintiff filed a FAC for (1) statutory liability and (2) negligence/negligent supervision/negligent retention based on a mot...

Excerpt: ...AC The court considered the moving, opposition, and reply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 st cause of action for breach of contract and SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 2 nd cause of action for elder abuse. The motion to strike is GRANTED. BACKGROUND On June 26, 2020, plaintiffs Naguib Kaoud and Laila Kaoud filed a complaint against Mourad Hanna, ind. and dba Hanna Realty and Mercurios Ha...

Excerpt: ... Motion to Compel Further Responses to Requests for Production (3) Motion to Compel Further Responses to Requests for Admissions As to Laura Gehley (4) Motion to Compel Further Responses to Form Interrogatories (5) Motion to Compel Further Responses to Special Interrogatories (6) Motion to Compel Further Responses to Requests for Production (7) Motion to Compel Further Responses to Requests for Admissions The court considered the moving, oppositi...

Excerpt: ...he 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 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, plaintiff filed an amendment designating Lyft, Inc. as Doe 1. On August 7, ...

Excerpt: ...D as to the 1 st through 5 th causes of action in the FAC. Defendant is ordered to submit a proposed judgment of dismissal. BACKGROUND On June 12, 2020, plaintiff Gregory Clayburn filed a complaint against Genentech, Inc. for (1) breach of express warranty, (2) breach of implied warranty, (3) strict liability – failure to warn, (4) negligence, and (5) negligent misrepresentation. On October 5, 2020, plaintiff filed a FAC. LEGAL AUTHORITY When c...

Excerpt: ...The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 st, 6 th, and 7 th causes of action. Defendants are ordered to file an answer within ten days. BACKGROUND On February 26, 2018, plaintiffs Rosina Llamas, Izaiah Gonzalez, and Aiden Gonzalez filed a complaint against Economy Inn and Pravin M Bhakta for (1) battery, (2) negligence, (3) negligence per se, (4) NIED, (5) IIED, (6) fraudulent concealment, and (7) public nuisance. On December ...

Excerpt: ... papers. RULING The demurrer is OVERRULED as to the 1 st, 4 th, 5 th, and 7 th causes of action, SUSTAINED WITHOUT LEAVE TO AMEND as to the 2 nd cause of action, and SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 3 rd and 6 th causes of action. 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 con...

Excerpt: ...pposition, and reply papers. RULING The motion is GRANTED as to Nos. 16-19, 21, and 51. No. 19 is limited to “for the same make, model, and year as the subject vehicle.” The motion is GRANTED as to No. 41 (limited to “within California”). Defendant is ordered to further respond and to produce responsive documents within 30 days. The motion is DENIED as to Nos. 7, 10, 34, and 38 because defendant is complying subject to a protective order ...

Excerpt: ...nd Karina Fedasz (2) Motion for Leave to Amend Complaint to Add Breach of Contract (Count 2) Against Zon Inc. for Damages (3) Motion to Amend Complaint to Add Allegation of Facts and Attach Exhibit to Complaint, and Integrate Allegations into Existing Causes of Action The court considered the moving, opposition, and reply papers. RULING The motions are GRANTED. Plaintiffs are ordered to file their amended complaint within five days. BACKGROUND On...

Excerpt: ...osition, and reply papers. RULING The demurrer is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 4 th cause of action and SUSTAINED WITHOUT LEAVE TO AMEND as to the 5 th cause of action in the SACC against Amy Prout and Chris DeGroot. The motion to strike is DENIED as to para. 22 and Exhibits A and B. The motion is GRANTED as to the 5 th cause of action and prayers for punitive damages, attorney's fees, and for an order equally sharing the cost ...

Excerpt: ...tion, and reply papers. On January 29, 2021, the court granted the motion as to Nos. 7, 10, 34, 38, and 41 and denied as to No. 42. The motion was continued as to Nos. 16- 19, 21, and 51. Counsel were to meet and confer re narrower definitions for searches, including as to “Transmission Defect.” The court ordered file a joint status report re any agreement re definitions and what issues are still unresolved at least seven days prior to the he...

Excerpt: ...2) Motion to Strike Portions of the Complaint The court considered the moving, opposition, and reply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 2 nd, 6 th, 7 th, and 8 th causes of action and SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 3 rd and 5 th causes of action. The motion to strike is GRANTED in part and DENIED in part as stated below. BACKGROUND On May 11, 2020, plaintiffs Maria C. Ibarra, individually an...

Excerpt: ...f Attachment The court considered the moving papers. RULING The applications are GRANTED in the amount of $972,278.84, which includes costs of $635 and attorney's fees of $5,300. Plaintiff is ordered to file a $10,000 undertaking as to each application. BACKGROUND On January 5, 2021, plaintiff Charles Chi filed a complaint against Drip Doctors, Inc. and Drip Doctors Holdings, Inc. for breach of contract. Plaintiff alleges that in 2018, plaintiff ...

Excerpt: ...emurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 5 th and 6 th causes of action. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND. BACKGROUND On October 19, 2020, plaintiffs Jennifer Maglaya and Derek Kahle filed a complaint against 1833 Rockefeller Lane HOA for (1) breach of governing documents, (2) breach of fiduciary duties, (3) breach of covenant of good faith and fair dealing, (4) breach of covenant of quiet enjoyment, (5) neglige...

Excerpt: ...AC is deemed filed. 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 relief. Plaintiffs allege that they are twin brothers and the sons of Tony Sugiono (“Tony...

Excerpt: ... RULING The motion for summary judgment is GRANTED. 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. On October 25, 2018, the court denied Dr. Bhayani's motion for summary judgment, finding that th...

Excerpt: ...et On The court considered the moving, opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On August 7, 2019, plaintiff Maria Gomez filed a complaint against Hyundai Motor America for violations of statutory obligations under the Song-Beverly Consumer Warranty Act. On September 30, 2020, the court overruled defendant's demurrer as to the 2 nd, 3 rd, and 5 th causes of action. The motion to strike was granted without leave to ame...

Excerpt: ... motion is GRANTED in part and DENIED in part. The motion is denied as to jury fees ($150), service of process ($313), Courtcall ($272), and mediation ($562.50). The motion is granted as to “court reporter fees” ($970.90) and “courtesy copies” ($83.80). The court strikes and/or taxes Item 11 in the amount of $970.90 and Item 16 in the amount of $83.80, for a total of $1,054.70. BACKGROUND On October 29, 2019, Vladislav Dikov filed a compl...

Excerpt: ...pposition, and reply papers. RULING The motion is DENIED in part and GRANTED in part. The 2 nd cause of action in the FACC is stayed pending appeal. BACKGROUND On January 19, 2018, 710 and 712 Ardmore, LLC filed a complaint against Mark Roth for (1) intentional interference with prospective economic relations, (2) preliminary and permanent injunction and damages, and (3) declaratory relief. On April 2, 2018, plaintiff filed a FAC, alleging that i...

Excerpt: ...opposition, and reply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 2 nd cause of action. 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 u...

Excerpt: ...idered the moving, opposition, and reply papers, as well as joinders by defendants Lyft and Ofomata. RULING The motion is GRANTED to reopening plaintiff Kazi Hossain's deposition to allow defendant City to complete its questions (except as to whether he is an “expert”), to allow defendant Ofomata to ask questions, and to allow defendant Lyft to ask follow-up questions. Further, defendant has shown good cause for allowing a ten minute break ea...

Excerpt: .... 1. Demurrer to FAC 2. Demurrer to FAC 3. Motion to Strike Portions of the FAC 4. Motion to Strike Portions of the FAC The court considered the moving, opposition, and reply papers. RULING Defendants City of Refuge Ministries, Inc., Noel Jones, and Bryant Smith's demurrer to the 1 st through 5th causes of action in the FAC is SUSTAINED WITHOUT LEAVE TO AMEND. The motion to strike is GRANTED. Defendant Noel Jones Ministries, Inc.'s demurrer to th...

Excerpt: ...pers. RULING The motion is GRANTED. The default entered on February 4, 2019 is set aside and vacated. The court orders defendant Baek to file a responsive pleading forthwith. BACKGROUND On October 26, 2018, plaintiff Merchant Advance Pay, Inc. filed a complaint against Fodariche, Inc. dba Mimimyunga, Wonbo Kim, and Joonhyun Baek for (1) breach of contract, (2) recovery of personal property, (3) breach of personal guarantee, (4) account stated, an...

Excerpt: ...tion of Cost to Defense The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. 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 im...

Excerpt: ...dered the moving, opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On October 16, 2020, Mark Francis and Aseel Francis filed a complaint against The Pines Townhome HOA, Inc. for (1) violation of FEHA, (2) violation of Fair Housing Act, and (3) negligence. LEGAL STANDARD Under CCP §425.16(b), “(1) A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free ...

Excerpt: ...(filed on October 19, 2020) The court considered the moving, opposition, and reply papers. RULING The motion for summary adjudication is GRANTED as to the 5 th cause of action in the FAC against plaintiff. BACKGROUND On April 17, 2019, plaintiff Ipers South Bay Portfolio, Inc. filed a complaint against Los Angeles Department of Water and Power for (1) nuisance, (2) trespass, (3) negligence, and (4) declaratory relief. Plaintiff alleges that it is...

Excerpt: ...rebold Demurrer to Fifth Amended Complaint The court considered the moving, opposition, and reply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to defendants National Surety Corporation, Allianz Resolution Management, and Allianz Reinsurance of America. The demurrer is OVERRULED as to the 1 st and 2 nd causes of action as to AGRUS and Fireman's Fund in the Fifth Amended Complaint. Defendants are to file an answer within ten d...

Excerpt: ...s. RULING The motion is DENIED. BACKGROUND On May 19, 2020, plaintiffs Tarek Ayadi and Mejri Ayadi filed a complaint against Wesam Abouel Ata for tortious breach of warranty of habitability, breach of the covenant of quiet enjoyment, nuisance, violation of Bus. and Prof. Code §17200, et seq., negligence, and breach of contract. LEGAL AUTHORITY 45-Day Rule: This motion must be served within 45 days after service of the response in question (exten...

Excerpt: ... reply papers. RULING The motion is DENIED. BACKGROUND On August 16, 2018, plaintiff SJO Investments, LLC filed a complaint against defendants Michael Wayne Riedel and Cheryl Jean Riedel for specific performance and breach of contract. Plaintiff alleges that defendants refuse to sell the real property to plaintiff; they refuse to allow for inspection; and they are attempting to cancel the contract more than two weeks after the origination of the ...

Excerpt: ... opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On March 27, 2020, Simon Ogus filed a petition in Ogus v. Sporttechie, Inc., Taylor Bloom, Francesca Bodie, Daniel Kaufman, and Oak View Group, LLC against non-party Derivatas, LLC for an order to compel production of documents. LEGAL AUTHORITY CCP §2029.100 states: “This article may be cited as the Interstate and International Depositions and Discovery Act.” CCP §2029.5...

Excerpt: ...s Police Department, and Chief David Maggard, Jr. for (1) disability discrimination – disparate treatment, (2) disability discrimination – disparate impact, (3) failure to prove reasonable accommodations, (4) failure to provide reasonable accommodations, (4) failure to engage in an interactive process, (5) harassment, and (6) retaliation. On October 3, 2018, plaintiffs filed a FAC. On October 21, 2019, plaintiffs filed a TAC. LEGAL AUTHORITY ...

Excerpt: ...2020, plaintiff Queensland, L.P. filed a complaint against Excela, Inc., Dexter Hutchinson, and Telewise, LLC for breach of written contract and breach of written guaranty. Plaintiff alleges that on November 25, 2016, plaintiff and Excela entered into a written lease concerning the premises at 415 E. Alondra Boulevard, Unit 3, Los Angeles. On January 17, 2019, plaintiff and Excela entered into an amendment to the Unit 3 lease. Defendants have bre...

Excerpt: ...onsidered the moving, opposition, and reply papers. RULING The demurrer to the FAC is OVERRULED as to the 2 nd cause of action, SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 3 rd, 4 th, and 5 th causes of action, and SUSTAINED WITHOUT LEAVE TO AMEND as to the 6 th cause of action. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND. BACKGROUND On January 16, 2020, Jessie Emad Alhussain filed a complaint against Azim Dental Corporation and No...

Excerpt: ...ULING The motion is DENIED as MOOT. Plaintiff is ordered to pay sanctions in the amount of $1,350 to defendant within 30 days. BACKGROUND On January 16, 2020, plaintiff Corey W. Glave (self-represented) filed a complaint against Sharon R. Lundy for violation of Penal Code §632/637.2 (invasion of privacy). Plaintiff alleges that starting in or about November 2017, plaintiff and defendant became legally separated with a stipulated date of separati...

Excerpt: ...opposition, and reply papers. RULING The motion is GRANTED, subject to the parties entering into a protective order re confidentiality, as to Nos. 7, 10, 34, and 38. The motion is GRANTED as to No. 41 (limited to “within California”). The motion is DENIED as to No. 42. The motion is CONTINUED as to Nos. 16-19, 21, and 51 to March 11, 2021, at 8:30 a.m. Counsel are to meet and confer re narrower definitions for searches, including as to “Tra...

Excerpt: ...y: (1) Defendant Ensign Services, Inc.; (2), (3) Atlantic Memorial Healthcare Associates, Inc. (1) Motion to Compel Further Responses from Ensign Services, Inc. to Special Interrogatories, Set One (2) Motion to Compel Further Responses from Atlantic Memorial Healthcare Associates, Inc. to Special Interrogatories, Set One (3) Motion to Compel the Actual Production of Documents and Further Responses from Atlantic Memorial Healthcare Associates, Inc...

Excerpt: ... was filed. RULING The motion is DENIED. 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) damages for breach of fiduciary duties, and (5) conversion of corporate ownership interest. On May 31, 2019, the court overruled Wilson's demurrer as to the 4 th and 5 th causes of act...

Excerpt: ...g, opposition, and reply papers. RULING The motion is DENIED WITHOUT PREJUDICE. BACKGROUND 19STCV22309 In 19STCV22309, on June 25, 2019, plaintiff Marquis Patterson filed a complaint against defendants Moises Cuellar, Jose Nerio, and Lyft, Inc. for motor vehicle negligence and general negligence based on an incident on June 2, 2018, at the intersection of 132 nd Street and Crenshaw Blvd., in Gardena. 20STCV16322 In 20STCV16322, on April 29, 2020,...

Excerpt: ...ered the moving, opposition, and reply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 st, 3 rd, 4 th, 5 th, and 6th causes 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 &...

Excerpt: ...ugh 4 th causes of action. The complaint is dismissed as to defendant Ben Schaffer only. BACKGROUND On October 2, 2020, Fernando Ojeda filed a complaint against Ben Schaffer and Bulletproof Automotive, LLC for (1) discrimination on the basis of disability, (2) failure to accommodate disability, (3) failing to engage in timely good faith interactive process, and (4) wrongful termination in violation of public policy. DISCUSSION Defendant Ben Schaf...

Excerpt: ... 2021, at 8:30 a.m. Parties are directed to file a status report re bankruptcy at least five court days before hearing. 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....

Excerpt: ...eply papers. RULING The motion is DENIED. BACKGROUND On December 13, 2018, plaintiff Jared Liebers filed a complaint against Casey Winters, William Russell Henryson, and Ian Matthew Rees for negligence, battery, assault, and IIED. On September 30, 2020, the court granted defendant Winters' motion to obtain a neuropsychological examination of plaintiff. On October 21, 2020, the court granted plaintiff's motion to obtain the second deposition of de...

Excerpt: ...LING The motion to strike is DENIED as to paras. 26 and 37 and prayer for punitive damages under the 2 nd cause of action for nuisance and 5th cause of action for violation of Civil Code §1942.4 in the TAC. The motion is GRANTED as to plaintiff's prayer for punitive damages under the 1 st cause of action for negligence at para. 5. BACKGROUND On October 23, 2019, Kimberly Boussard filed a complaint against Charles Shorter for negligence. On Decem...

Excerpt: ... Compel Further Responses to Request for Production of Documents, Set One 3. Motion to Compel Further Responses to Requests for Admissions, Set One The court considered the moving, opposition, and reply papers. RULING The motions to compel further responses to special interrogatories and request for production of documents are GRANTED. Defendant Tanvir Ahmad is ordered to respond further without objections to plaintiff's Special Interrogatories, ...

Excerpt: ...tion is GRANTED. Plaintiff is ordered to file and serve its FAC by January 25, 2021. Defendant O'Keeffe's motion for summary judgment is deemed moot in light of the filing of the FAC and taken off calendar for January 26, 2021 subject to refiling as to the First Amended Complaint. BACKGROUND On July 13, 2018, plaintiff Matthew Palmer filed a complaint against Elevon Retail Association and Mar Ventures, Inc. for negligence/premises liability. Plai...

Excerpt: ...rt having considered the moving, opposition, and reply papers, grants plaintiff's Young Kook Cho's motion to compel the deposition of Lyft, Inc.'s person or persons most qualified and request for production of documents. As for the deposition categories, the court finds that none of them are in dispute or require clarification or further limitation. According to the May 10, 2020 letter from Defense counsel, in his May 20, 2020 letter to Plaintiff...

Excerpt: ...opposition, and reply papers. RULING The demurrer is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 1 st and 3 rd causes of action in the FAC. The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 2 nd cause of action. The court STRIKES the SAC filed on March 11, 2020. Plaintiffs are to file a Second Amended Complaint within 20 days of this ruling in compliance with Cal. Rules of Court, Rule 2.112. BACKGROUND On May 21, 2019, plaintiffs Jan...

Excerpt: ...ments, and to Reopen the Deposition The court considered the moving papers. No opposition was filed. RULING The motion is GRANTED. The court permits a further deposition of plaintiff with the following limitations: Deposition is limited to one hour and on the topics of alcohol use from one year prior to the accident to the present; interactions of any medications taken; and the search for any documents and inquiry as to any documents produced. Th...

Excerpt: ...y judgment is DENIED. BACKGROUND On November 1, 2019, Alcott Enterprises, LLC filed a complaint against Marakata, LLC for (1) breach of contract, and (2) common count: services rendered. On October 20, 2020, the court granted Alcott Enterprises' motion to deem the truth of the matters in the request for admissions admitted. LEGAL AUTHORITY The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanis...

Excerpt: ...dered the moving, opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On December 6, 2018, plaintiff Prabhakar Reddy filed a complaint against Twenty4Seven Hotels, Corporation for (1) negligence, (2) strict products liability defective manufacturing, (2) strict products liability design defect, and (4) strict products liability defect due to inadequate warning. Plaintiff alleges that on October 23, 2017, he was staying in room 6...

Excerpt: ...ply papers. RULING The motion for judgment on the pleadings is GRANTED WITH 20 DAYS LEAVE TO AMEND. BACKGROUND On May 2, 2019, plaintiffs Melvin G. Ardon Reyes, minor Luka Mateos Ardon, and minor Giulliana Dagmar Ardon filed a complaint against Hung Chul Jun, Jin Hur, EAN Holdings, LLC, and Enterprise Rent-a- Car for wrongful death based on a vehicular accident on April 29, 2018, whereby defendant Jun struck the vehicle driven by decedent Kira Ye...

Excerpt: ...e Cross-Complaint The court considered the moving, opposition, and reply papers. RULING The demurrer is OVERRULED. The motion to strike is DENIED. CBRE is to file an answer within ten days. BACKGROUND On January 14, 2020, St. Patrick's Day Associates filed a complaint against Westside Cart Rentals, Inc., Amin Siddique, and Mehrunessa Siddique for (1) breach of written lease, (2) breach of written guaranty, and (3) account stated. Plaintiff allege...

Excerpt: ... to amend the cross-complaint is GRANTED as to the proposed 3 rd and 5 th causes of action and DENIED as to the proposed 7 th, 8 th, and 9 th causes of action. Cross-complainant is to file a FACC within five days in accordance with this order. 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 Bea...

Excerpt: ...General (Sets One and Two); Motion for Orders Deeming Admitted Requests for Admission (Set One) The court considered the moving papers. No opposition was filed. RULING The motion is GRANTED upon payment of additional filing fee of $120. Defendant Brian Antley is ordered to serve on plaintiffs verified responses without objections to plaintiffs' Form Interrogatories, Set One and Set Two within 20 days. Defendant is ordered (1) to serve on plaintif...

Excerpt: ...s The court considered the moving papers and untimely filed opposition. RULING The motion is DENIED. BACKGROUND On May 14, 2019, Craig Harries and Alexa Harries filed a complaint against Daryl Robert Rheuark, M.D., Ronak Basant Garg, M.D., Sandy Shan-Ying Cho, M.D., Samer H. Moghaddam, M.D., Nima Taha, M.D., Cynthia J. Lloyd, M.D., Gabriel F. Ramirez, M.D., Lucas I. Nishioka, M.D., Anand S. Patel, M.D., and Providence Little Company of Mary Medic...

Excerpt: ...ly papers. RULING The motion is GRANTED subject to a protective order as follows: Defendant County of Los Angeles is ordered to produce by February 5, 2021 the following documents for an in camera inspection under Evidence Code §1045: (1) any and all writings that reflect the training that Jessica Lindsay received prior to March 7, 2017 regarding the duties and responsibilities of 9-1-1 operators; (2) any and all documents, reports, memorandums,...

Excerpt: ...rawn on January 5, 2021) Motion for Determination of Good Faith Settlement The court considered the moving, opposition, and reply papers and notice of withdrawal of opposition and request for dismissal of Lemoli's cross-complaint as against moving parties. RULING 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 cont...

Excerpt: ...able Trust Responding Party: McEntyre Family Properties, LLC and Delmer James McEntyre Motion to Disqualify the Vote for Appointment of Counsel for McEntyre Family Properties, LLC The court considered the moving, opposition, and reply papers. RULING The motion is DENIED WITHOUT PREJUDICE. BACKGROUND On March 27, 2019, Carol Jean Thompson, derivatively on behalf of McEntyre Family Properties, LLC, filed a complaint against Delmer James McEntyre fo...

Excerpt: ...pposition, and reply papers. RULING The motion is DENIED. BACKGROUND On November 15, 2019, plaintiff Flexi-Van Leasing, Inc. filed a complaint against Patriot Express LLC. and John W. Fucci for common counts and conversion. Plaintiff alleges that defendants became indebted to plaintiff because an account was stated in writing by and between the parties and for work, labor, services and materials rendered at the special instance and request of def...

Excerpt: ...on The court considered the moving, opposition, and reply papers. RULING The motion is DENIED. 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 April...

Excerpt: ... moving, opposition, and reply papers. RULING The demurrer is OVERRULED as to the 4 th cause of action. BACKGROUND On January 2, 2018, plaintiff MWSK Properties, LLC 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 Blv...

Excerpt: ...s. RULING The motion is DENIED. BACKGROUND On October 1, 2018, plaintiff Kathleen Ruiz filed a complaint against defendants Marymount California University (“MCU”), Lucas Lamadrid, and Brian Marcotte. On March 29, 2019, Marcotte was dismissed. On March 29, 2019, plaintiff filed a Fourth Amended Complaint against MCU for (1) sex/gender/marital status discrimination in violation of FEHA; (2) hostile work environment harassment because of sex/ge...

Excerpt: ...he moving, opposition, and reply papers. RULING The demurrer is OVERRULED as to the 12 th, 13 th, 14 th, 16 th, and 17 th causes of action and SUSTAINED WITHOUT LEAVE TO AMEND as to the 15 th cause of action. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND. Defendant is ordered to file an answer within ten days. BACKGROUND On November 13, 2009, plaintiff Shwon Sasani filed a complaint against So Cal Plumbing Heating & Air Conditioning and ...

Excerpt: ... th causes of action and SUSTAINED WITHOUT LEAVE TO AMEND as to the 5 th cause of action. Defendant is ordered to file an answer within ten days. BACKGROUND On August 31, 2020, Emeka Nwankwo (self-represented) filed a complaint against Throne Shipping Inc and Olalekan Michael Ilori for (1) breach of contract, (2) fraud, (3) general negligence, (4) unfair business practice, and (5) negligent infliction of emotional distress. DISCUSSION Defendant d...

Excerpt: ...ng, opposition, and reply papers. [1] RULING The demurrer to the first amended complaint is SUSTAINED WITH LEAVE TO AMEND as to the 1st and 2 nd causes of action. BACKGROUND Plaintiffs Naguib Kaoud, Laila Kaoud, and Ausama Kaoud commenced this action against defendants Mourad Hanna dba Hanna Realty and Mercurious Hanna on June 26, 2020. On July 22, 2020 plaintiffs filed a first amended complaint against defendants for breach of contract and elder...

Excerpt: ...onsidered the moving, opposition, and reply papers. RULING The motion for summary judgment is GRANTED. The motion for summary adjudication is MOOT. BACKGROUND On October 11, 2016, Robert Piontkowski filed a complaint against Veolia Industrial Services, Inc., Veolia North America, LLC, and Veolia Water Technologies, Inc. for negligence and gross negligence. On August 1, 2017, the court approved the stipulation for protective order regarding confid...

Excerpt: .... RULING The motion to strike is GRANTED WITH LEAVE TO AMEND. BACKGROUND On June 10, 2020, plaintiffs Cvetanka Pavlovski, ind. and trustee of The Jovan Cvetanka Pavlovski Revocable Trust filed a complaint against defendant P. Isabelle Allemann, as trustee of The Allemann Trust FBO Pierre Allemann for (1) negligence, (2) private nuisance, (3) trespass, (4) declaratory relief, and (5) injunctive relief. On September 18, 2020, plaintiff filed a firs...

Excerpt: ...tered on October 23, 2020 The court considered the moving and opposing papers. RULING The motion is GRANTED. Defendant is ordered to file its answer within 5 days. Pursuant to CCP § 473(b), Defendant's counsel is further ordered to pay to Plaintiff attorneys' fees and costs in the amount of $105 within 5 days. BACKGROUND On July 21, 2020, plaintiff Viral Launch, Inc. filed a complaint against defendant Virgin Scent Inc. d/b/a ArtNaturals for thr...

Excerpt: ...y Judgment or, in the alternative, Summary Adjudication of Issues as to the Cross‐Complaint The court considered the moving, opposition, and reply papers. RULING Plaintiff/cross-defendant Maria Dodos' Motion for Summary Judgment as to cross-complainants Jackie Weissman and Chuck Weissman's cross-complaint is DENIED. Plaintiff/cross-defendant Maria Dodos' Motion for Summary Adjudication as to cross- complainants Jackie Weissman and Chuck Weissma...

Excerpt: ...murrer to Second Amended Complaint (2) Motion to Strike Portions of Second Amended Complaint The court considered the moving, opposition, and reply papers. RULING The demurrer is OVERRULED as to the 2 nd, 3 rd, 5 th, and 6 th cause of action and the prayer for relief. The demurrer is SUSTAINED WITH 15 DAYS' LEAVE TO AMEND as to the 4 th cause of action in the SAC. The motion to strike is GRANTED WITH 15 DAYS' LEAVE TO AMEND as the prayer for reli...

Excerpt: ...oving, opposition, and reply papers. RULING The motion is GRANTED, subject to the parties entering into a protective order re confidentiality, as to Nos. 7, 10, 34, and 38. The motion is GRANTED as to No. 41 (limited to “within California”). The motion is DENIED as to Nos. 16-21, 42, 51, and 58. BACKGROUND On October 4, 2019, plaintiff Salvador R Rubio filed a complaint against Nissan North America, Inc. for violations of statutory obligation...

Excerpt: ...cuments (Set One) The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED upon defendant's payment of additional filing fees of $120.00. Defendant improperly combined three motions into one. Plaintiff is ordered to respond further without objections to defendant Lyft's Form Interrogatory, Set One, No. 17.1, with respect to RFA Nos. 9-11, Special Interrogatories, Set One, Nos. 1, 3-5, 15-18, 20, 22, and 26-28, a...

Excerpt: ...on for new trial is DENIED. BACKGROUND On June 21, 2019, plaintiff David Alomatsi (self-represented) filed a complaint against Kindred Hospital for (1) negligence/medical malpractice, (2) negligent hiring and retention, (3) NIED, and (4) IIED. On September 20, 2020, the court granted defendant's motion for summary judgment. The court denied plaintiff's request at the hearing to continue the hearing to conduct discovery or to amend the complaint. ...

Excerpt: ...ered the moving and opposition papers. RULING The motion is DENIED. BACKGROUND On May 5, 2017, Harriett E. Haywood filed a complaint against RTED America, LLC and Special Default Services, Inc. for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) promissory estoppel, (4) negligence, (5) unfair business practices, (6) negligent misrepresentation, and (7) quiet title. On June 12, 2017, RTED America file...

Excerpt: ... and reply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 3 rd cause of action for IIED. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND. BACKGROUND On August 3, 2020, plaintiff Laurie Kyong Wiluan filed a complaint against Steve and Annalisa Agoston, ind. and as trustees of the Agoston Family Revocable Trust for (1) violation of Civil Code 1950.5, (2) intrusion into private affairs, (3) IIED, and (4) declaratory...

Excerpt: ...r 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 April 22, 2019, plaintiffs filed a FAC for (1) dangerous condition of public property, (2) general negligence, (3) neglig...

Excerpt: ...orandum and opposition. RULING The hearing is CONTINUED to January 20, 2021, at 8:30 a.m. to allow cross-defendants' counsel Julie Nong to submit a declaration, time sheets, and brief in support of reasonable attorney's fees with respect to the anti-SLAPP portions that cross-defendants prevailed. The declaration and brief are due by January 6, 2021. The opposition is due by January 13, 2021. BACKGROUND On September 29, 2017, Adam Krohn filed a co...

Excerpt: ... RULING The motion is DENIED. BACKGROUND On August 7, 2019, plaintiff Berenice Rivas filed a complaint against FCA US LLC for statutory violations under Song Beverly Act. On January 22, 2020, the parties entered into a protective order – confidential designation only. On September 16, 2020, plaintiff filed a FAC. LEGAL AUTHORITY 45-Day Rule: This motion must be served within 45 days after service of the response in question (extended if served ...

Excerpt: ...opposition, and reply papers. RULING The motion is GRANTED, subject to the parties entering into a protective order re confidentiality, as to Nos. 7, 10, 34, and 38. No. 38 is limited to “since 2019.” The motion is GRANTED as to No. 41 (limited to “within California”). The motion is DENIED as to Nos. 16-21, 42, 51, and 59-66. Counsel are to meet and confer to narrow the definition of “Transmission Defect.” BACKGROUND On December 11, 2...

Excerpt: ...ry judgment is DENIED. BACKGROUND On November 1, 2019, Alcott Enterprises, LLC filed a complaint against Marakata, LLC for (1) breach of contract, and (2) common count: services rendered. On October 20, 2020, the court granted Alcott Enterprises' motion to deem the truth of the matters in the request for admissions admitted. LEGAL AUTHORITY The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechani...

Excerpt: ...TED. Defendant is ordered to file an answer within five days. Defense counsel Paul Allione is ordered to pay reasonable compensatory legal fees in the amount of $1,375 to plaintiff. BACKGROUND On March 25, 2020, Ana I. Teran, trustee of The Daniel Samaniego Corrales Revocable Trust Dated Nov. 22, 1989 filed a complaint against Kuang Ching Sun aka Bobby Sun for (1) breach of written contract, (2) breach of implied contract, (3) breach of implied c...

Excerpt: ...oving, opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On September 5, 2019, Jane HC Doe, a minor by and through her guardian ad litem, Kim. S, filed a complaint against Torrance Unified School District and Dalan Anthony Johnson for (1) negligence, (2) negligent supervision, (3) negligent failure to warn train or educate, (4) constructive fraud (Civil Code 1573), (5) IIED, (6) sexual abuse and harassment in the educational e...

Excerpt: .... RULING The motion is DENIED. BACKGROUND On February 20, 2018, Wells Fargo Bank filed a complaint against Nicole Teague. On May 11, 2018, a default was entered against defendant. On July 11, 2018, a default judgment was entered against defendant. On October 9, 2020, defendant filed the herein motion. LEGAL AUTHORITY Vacate default judgment CCP §473.5(a) states, in relevant part: “When service of a summons has not resulted in actual notice to ...

Excerpt: ...tion, and reply papers. RULING The motion is GRANTED, subject to the parties entering into a protective order re confidentiality, as to Nos. 7, 10, 34, and 38. No. 38 is limited to “since 2019.” The motion is GRANTED as to No. 41 (limited to “within California”) and Nos. 59 to 67 as to the current TSBs only. The motion is DENIED as to Nos. 16- 21, 42, and 51. Counsel are to meet and confer to narrow the definition of “Transmission Defec...

Excerpt: ... papers, plaintiff's statement of non-opposition, and reply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 st, 2 nd, and 3 rd causes of action in the FAC as to corporate defendant Nirup Reddy and Bortay Dehnadi D.D.S., Inc. and as to the 4th cause of action as to all defendants. BACKGROUND On July 16, 2020, Marlene Leiva Esq. filed a complaint against Nirup Reddy, ind. and dba Reddy Dental Group, Bortay Dehnadi, ind. ...

Excerpt: ...r 22, 2020, the court shortened time for a hearing on a motion to expunge lis pendens. RULING The motion is GRANTED. The lis pendens filed on August 13, 2020 and recorded on September 8, 2020 is expunged. 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. & Prof. Cod...

Excerpt: ...otion for summary judgment is GRANTED. The motion for summary adjudication is MOOT. BACKGROUND On October 11, 2016, Robert Piontkowski filed a complaint against Veolia Industrial Services, Inc., Veolia North America, LLC, and Veolia Water Technologies, Inc. for negligence and gross negligence. On August 1, 2017, the court approved the stipulation for protective order regarding confidential information. On June 1, 2018, plaintiff filed a First Ame...

Excerpt: ... RULING 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 Shawnan be and are dismissed with prejudice. Any and all present and future claims against Shawnan by or on behalf...

Excerpt: ...nt The court considered the moving papers. RULING The motion is GRANTED as to the filing of the FAC. Plaintiff is to file the FAC within five days. The motion is CONTINUED to December 9, 2020, at 8:30 a.m. to allow the parties to address the following issues and to file supplemental briefing at least five court days in advance. 1. Kuller analysis. Provide an estimated value for each claim asserted in the FAC. 2. The court estimates the Net Settle...