Excerpt: ...d the moving papers. No opposition was filed. RULING The motion is GRANTED. See order below. BACKGROUND On May 18, 2020, Yajaira Chaves, Yadira Gomez, Cristina Parra, and Maria De La Torre filed a complaint against Jessica Tucker, Spencer Kimball Tucker, and American Honda Motor Co., Inc. (“American Honda”) alleging causes of action for (1) Motor Vehicle Negligence (against Jessica Tucker and Spencer Kimball Tucker); (2) Negligence (against A...

Excerpt: ...oving papers. RULING The motion is GRANTED. The court orders that the attorney is relieved as counsel of record for cross-defendants Lucie Idleman, Charles Idleman, and D'Oro Development Inc., 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 client. An OSC re: why defendant's answer should not be stricken and default e...

Excerpt: ...dered the moving, opposition, and reply papers. RULING The motion is GRANTED. Cross-complainant is ordered to file the proposed FACC forthwith. Cross- defendant is ordered to file a responsive pleading within 15 days of the filing of the FACC. BACKGROUND On May 25, 2021, plaintiff Stern Realty 1, LP d/b/a 2955 Columbia Street Associates filed a complaint against Lodi Realty, L.P. for (1) continuing trespass, (2) continuing nuisance, (3) declarato...

Excerpt: ...No opposition was filed. RULING The motion is DENIED. The court restores the case to active status. Defendants are directed to file a responsive pleading within 20 days. The court vacates the OSC hearing regarding dismissal set for May 11, 2023. The court sets an OSC re entry of default for _______________. BACKGROUND On March 10, 2022, plaintiff Broadway Advance, LLC filed a complaint against Superior Trucking A- Z, LLC and Aamir Iftikhar for (1...

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

Excerpt: ...DAYS LEAVE TO AMEND to show revivor. BACKGROUND On December 28, 2021, plaintiff Calstate Construction Solutions, Inc. filed a complaint against New Life Textured Painting Company, Eduardo Padron, and Yolanda Padron for breach of contract and fraud. 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 demurr...

Excerpt: ...dants for Use During Case Proceedings The court considered the moving and opposition papers. RULING The motion is GRANTED in part. The court orders that defendants and plaintiff's counsel coordinate a mutual date and time to view the documents at the courthouse and to coordinate with the clerk as to an available location. BACKGROUND On November 22, 2019, Michael Dyberg filed a complaint against Laura Gehley and Mark Gehley for (1) defamation and ...

Excerpt: ...l Arbitration The court considered the motion, opposition, and reply. RULING The motion is DENIED. BACKGROUND On July 21, 2022, Judith Whitesman, in and through her successor in interest Robert Whitesman, Robert Whitesman, Richard Whitesman, and Deena Whitesman filed a complaint against Avenir Memory Care Westside, Avenir Senior Living, LLC dba Avenir Memory Care Westside, AMCLA GP, Inc. dba Avenir Memory Care Westside, and AMCLA LP dba Avenir Me...

Excerpt: ...ply papers. The hearing was continued from October 14, 2022 to allow counsel to meet and confer as to a stipulation re plaintiff's deposition and testimony at trial and for plaintiff's counsel to provide a declaration from plaintiff's physician as to her inability to appear at a deposition. Neither party has submitted any additional documents for the court's consideration or status update as to the meet and confer and stipulation. RULING The moti...

Excerpt: ... SAC The court considered the moving, opposition, and reply papers. RULING The demurrer to the SAC is OVERRULED. The motion to strike is DENIED. Defendants are ordered to file an answer within fifteen days. BACKGROUND On February 10, 2020, plaintiff Nicole Barnes filed a complaint against Warner Brothers Entertainment, Inc. and Eye Productions, Inc. for (1) battery, (2) negligence, and (3) premises liability. Plaintiff alleges that this is an act...

Excerpt: ...ition, and reply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 3 rd cause of action for intentional misrepresentation and 4 th cause of action for negligent misrepresentation. The demurrer is OVERRULED as to the 5 th cause of action for promissory estoppel. Cross-defendants are ordered to file an answer within ten days. BACKGROUND On November 12, 2020, plaintiff Probelle Enterprises, Inc. filed a complaint against defe...

Excerpt: ...ustalvo Arellano, and Corey Emanuel filed a complaint against Jack Goldberg, Millee Goldberg, Jayem Enterprises, Inc., ACME Metals & Steel Supply, Inc., and the trustees of the Goldberg Family Trust Dated April 23, 1997 for (1) fraud in the inducement, (2) breach of oral contract, (3) breach of the covenant of good faith and fair dealing, (4) tortious breach of the covenant of good faith and fair dealing, (5) promise made without intent to perfor...

Excerpt: ...ion, and reply papers. RULING The motion for summary judgment is DENIED. The motion for summary adjudication is DENIED. BACKGROUND On January 31, 2022, plaintiff Arnold Lutz (self-represented) filed a complaint against County of San Bernardino and San Bernardino Treasurer and Tax Collector for damages. On June 3, 2022, plaintiff filed a request for dismissal as to San Bernardino Treasurer and Tax Collector. LEGAL AUTHORITY The purpose of a motion...

Excerpt: ...tered by Default, to Set Aside the Order of Dismissal and to Permit the Filing of a Second Amended Complaint The court considered the moving, opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On February 3, 2022, plaintiff Martin G. Torres filed a complaint against Robyn Wonnell, First Magnus Financial Corporation, Trojan Capital Investments, LLC, and Trinity Financial Services, LLC for (1) predatory lending practices, (2) fra...

Excerpt: ...tion for Breach of Warranty in FAC The court considered the moving and opposition papers. RULING The motion to strike is GRANTED IN PART and DENIED IN PART. The court strikes the 3 rd cause of action in its entirety. The motion is DENIED as to plaintiffs' claim for punitive damages and allegations referencing the King case. BACKGROUND On December 30, 2020, plaintiffs Glynis Cynthia Bogda and Michael Leonard Larsen filed a complaint against Toucho...

Excerpt: ...Defendants' Supplemental Expert Witness Designation The court considered 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. P...

Excerpt: ...The demurrer is OVERRULED as to the Fourth Amended Complaint. The motion to strike is DENIED. Defendants are ordered to pay additional filing fee for the motion to strike forthwith. Defendants are ordered to file an answer within ten days. BACKGROUND On January 23, 2020, plaintiff Jingqui He, trustee of the He Trust, filed an unlawful detainer action against Douglas L. De Coster and Elsa De. De Coster as to property at 6532 Via Siena, Rancho Palo...

Excerpt: ... Perez and Joe Perez filed a complaint against defendants City of Los Angeles, CST Industries, Inc., CST Covers Industries, Inc., Kiewit Construction, Inc., and Does 1-30. On April 13, 2022, plaintiffs filed an amendment designating Kiewit Infrastructure West Co. as Doe 11. defendant. On April 20, 2022, CST Industries, Inc. filed a cross-complaint against Kiewit Infrastructure West Co. and Kiewit Construction Inc. for indemnification, apportionme...

Excerpt: ...ply papers. RULING The motion is CONTINUED to _________to allow counsel to meet and confer as to a stipulation re plaintiff's deposition and testimony at trial and for plaintiff's counsel to provide a declaration from plaintiff's physician as to her inability to appear at a deposition. BACKGROUND On February 4, 2021, plaintiff Gurmaij Sall filed a complaint against Homewood Suites by Hilton Los Angeles International Airport, Koar Airport Associat...

Excerpt: ...ce Documents Requested; Request to Continue Trial The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. The court orders that the deposition of plaintiff's PMQ Lars Viklund of Nola Properties be resumed within ____ days and that PMQ Viklund respond to questions regarding redevelopment, conditional use permits, and offers to pay and to produce responsive documents. The trials are CONTINUED to 10/26/22 10:00a....

Excerpt: ... and Motion to Compel “All Discovery to Date” The court considered the moving and opposition papers. RULING The demurrer to the first amended answer is OVERRULED. The requests to strike and to compel responses are DENIED WITHOUT PREJUDICE. 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 ...

Excerpt: ...anta Fe Home Care, Inc. Responding Party: Plaintiffs, Estate of Cecelia Bethel (by and through its personal representative, Anthony Curtis) and Frazer Payton (2) Defendant Gardena Hospital, L.P.'s Demurrer to Plaintiffs' First Amended Complaint; and Motion to Strike Portions of Plaintiffs' First Amended Complaint Moving Parties: Defendant Gardena Hospital, L.P. Responding Party: Plaintiffs, Estate of Cecelia Bethel (by and through its personal re...

Excerpt: ...and reply paper. RULING The motion is GRANTED. Cross-complainant John Christodoro is ordered to respond to cross-defendant Lupe Powell's Amended Form Interrogatories (Set One) within ten days. The court orders that cross-complainant John Christodoro and his attorney of record Bobbi Samini pay to cross-defendant Lupe Powell monetary sanctions in the amount of $560, within 30 days. BACKGROUND On September 8, 2016, Attessa Properties CA LLC filed a ...

Excerpt: ... considered the moving, opposition, and reply papers. RULING The motion for summary judgment is DENIED. BACKGROUND On May 16, 2016, Plaintiff Jeff Widmann filed a omplaint against Defendant Edward Leung, as an individual and as Trustee for Leung Edward T. Trust and Does 1 through 50 alleging six causes of action for (1) breach of contract, (2) breach of implied covenant of quiet enjoyment, (3) breach of covenant of good faith and fair dealing, (4...

Excerpt: ...9, plaintiff Deborah J. Waltrip (self-represented) filed a complaint against American Airlines, Inc. On January 10, 2020, plaintiff filed a FAC for general negligence. Plaintiff alleges that on July 12, 2017, she was aboard a flight at LAX when upon landing, another passenger was removing her bag from the overhead bin, and it fell and landed on plaintiff's head and necks. The bag was an oversized duffle bag that did not fit the size criterion for...