Excerpt: ...y The court considered the moving, opposition, and reply papers. RULING The motion is CONTINUED to November 17, 2020, at 8:30 a.m. to allow counsel to meet and confer further and to reduce the number of special interrogatories, requests for production of documents, and requests for admission. The motion will go off calendar if the parties are able to come to an agreement. BACKGROUND On March 19, 2019, Luis Alfredo Perez filed a complaint against ...

Excerpt: ...g, opposition, and reply papers. RULING The demurrer is OVERRULED. Defendants are to file an answer within ten days. BACKGROUND On February 14, 2020, plaintiff Miriam J. Lebental, Esq. filed a complaint for declaratory relief against Warren Ritzer and Joel K. Liberson, Esq. On April 24, 2020, plaintiff filed an amendment designating Trial & Appellate Resources, P.C. (“TAR”) as Doe 1. LEGAL AUTHORITY When considering demurrers, courts read the...

Excerpt: ...et One The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED as to Nos. 18 and 24 to the extent defendant has not yet produced responsive documents that it has agreed to produce. Defendant is ordered to produce responsive documents within 15 days. The motion is DENIED as to Nos. 29-32. BACKGROUND On May 17, 2019, Nicholas Franco filed a complaint against American Honda Motor Co. Inc. for violation of statutor...

Excerpt: ...tion, and reply papers. RULING The demurrer is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 1 st, 2 nd, 3 rd, 4 th, 6 th, and 7th causes of action and SUSTAINED WITHOUT LEAVE TO AMEND as to the 5 th cause of action. BACKGROUND On December 4, 2019, plaintiff Stephen A. Schlesinger filed a complaint against Edward Djang for (1) breach of fiduciary duty, (2) breach of contract, and (3) declaratory relief. On March 16, 2020, plaintiff filed a FAC....

Excerpt: ...n for Summary Judgment or, in the alternative, Summary Adjudication The court considered the moving, opposition, and reply papers. RULING The motion for summary judgment is GRANTED. The motion for summary adjudication is MOOT in light of the ruling on the summary judgment. BACKGROUND On June 15, 2018, plaintiff Cassandra Lee Webster filed a complaint against Jennifer C. Chu, M.D. and Providence Little Company of Mary Medical Center Torrance for (...

Excerpt: ...DINGS Dept. U 8:30 a.m. October 21, 2020 I. BACKGROUND This action came to trial on July 16 and 17, 2018. The Court issued its proposed Statement of Decision on August 3, 2018 and entered judgment on September 21, 2018. The first amended judgment was entered on October 22, 2018 in favor of Westlake Village Marketplace, LLC (Plaintiff) on the first cause of action for breach of contract against West American Roofing (Defendant). The principal sum ...

Excerpt: ...thin his Deposition Notice Pursuant to CCP §2025.480 (3) Motion for an Order Permitting Discovery of Defendant Winters' Financial Condition The court considered the moving, opposition, and reply papers. RULING The motion to compel Vol. II of Casey Winters' Deposition is GRANTED. Defendant Casey Winters is ordered to attend the second session of his deposition within the next 20 days on a mutually agreeable date and time. The motion to compel Win...

Excerpt: ...he moving papers. RULING The motion is GRANTED. Defendants City of Hermosa Beach and Hermosa Beach Police Department shall be permitted to use and disclose as necessary the peace officer personnel records of plaintiff as follows: 1. Personnel records and files maintained on plaintiff documenting his performance, or lack thereof, including the general personnel file the City's custodian of records maintains on plaintiff as defined in Penal Code §...

Excerpt: ...nd reply papers. RULING The motion is DENIED. BACKGROUND On January 13, 2020, Edward Contreras filed a complaint against Uvonna Denise Eskridge, Kevin David Preus, Uber Technologies, Inc, and Rasier, LLC for (1) negligence, (2) negligent hiring/retention of an unsuitable employee, (3) negligent entrustment and supervision, (4) willful misconduct, and (5) vicarious liability based on a vehicle collision that occurred on January 11, 2019 with plain...

Excerpt: ...and reply papers. RULING The motion for summary adjudication is GRANTED. BACKGROUND On December 13, 2017, plaintiff Chike Collins Obi filed a complaint against defendant El Dorado Enterprises, Inc. dba Larry Flynt's Hustler Casino for (1) malicious prosecution, (2) abuse of process, and (3) violation of Bus. and Prof. Code §17200. LEGAL AUTHORITY The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a ...

Excerpt: ...19STCV02507 In 19STCV02507, on January 24, 2019, plaintiff Allen Rubin filed a complaint against defendant Russel G. Varon for IIED and sexual battery, stemming from an incident in 1979. On July 1, 2019, the court sustained defendant's demurrer with leave to amend. On July 17, 2019, plaintiff filed a Certificate of Merit. On July 19, 2019, plaintiff filed a FAC. Plaintiff alleges that in the summer of 1979, when he was 17 years old, he drank alco...

Excerpt: ... Motion for Summary Judgment The court considered the moving papers and notice of non-opposition filed by plaintiff. RULING The motion for summary judgment is GRANTED. BACKGROUND On November 14, 2018, plaintiff Robert Joseph Yrigoyen filed a complaint against Arthrex, Inc., Glenn J. Huber, M.D., Beach District Surgery Center LP, and Coastal Ortho f/k/a Torrance Orthopaedic & Sports Medicine Group for (1) negligence, (2)-(5) strict products liabil...

Excerpt: ...lemann, as trustee of The Allemann Trust FBO Pierre Allemann Motion for Preliminary and Permanent Injunction The court considered the motion, opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On June 10, 2020, plaintiff Cvetanka Pavlovski, ind. and as 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) neg...

Excerpt: ...nbroner Motion for an Order Compelling Plaintiffs to Arbitrate the Controversy and Staying the Superior Court Action The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. The court severs at para. 12: “However, any award (including compensatory and punitive damages, fees and other costs), regardless of the nature of the dispute, shall not exceed the lesser of: (a) 3 times the amount of the prevailing party...

Excerpt: ...ING The motion is GRANTED. See order below. 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. LEGAL AUTHORITY “As a general matter, a defendant may obtain a physical or mental examination of the plaintiff, in accordance with those provisions, if the plaintiff has placed his or her physical or mental conditio...

Excerpt: ...the moving, opposition, and reply papers. RULING The motion is GRANTED in part and DENIED in part. The motion is GRANTED as to Nos. 7 (pursuant to protective order – confidentiality order), 16, 19 (limited to “within California”), 34 (limited to those that apply to the subject vehicle), 38 (limited to 2019 to the present), and 41 (limited to “within California”). The motion is DENIED as to Nos. 10, 17, 18, 21, 42, 51, and 59. BACKGROUND...

Excerpt: ...e demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 4 th cause of action. 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 th...

Excerpt: ...onsidered the moving, opposition, and reply papers. RULING The motion for summary judgment is DENIED. The motion for summary adjudication is DENIED. BACKGROUND On March 1, 2019, plaintiff Minoo Amiraftabi Shafii filed a complaint against Natgen Premier, Karim Mali, and MPX Insurance Services for (1) breach of insurance contract, (2) tortious breach of the implied covenant of good faith and fair dealing, (3) declaratory relief, (4) negligence, (5)...

Excerpt: ...c. Motion for Leave to File First Amended Cross-Complaint The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. Cross-complainant is ordered to file its FACC within fifteen days. 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...

Excerpt: ...The demurrer is OVERRULED as to the 1 st, 2 nd, and 3 rd causes of action. Defendant is ordered to file an answer within five days. BACKGROUND On March 12, 2020, plaintiff South Bay Credit Union filed a complaint against Citibank US NA dba BRP Credit Card and BRP US Inc. for (1) breach of agreement, (2) conversion, and (3) deceptive business practices. On July 10, 2020, plaintiff filed a FAC. LEGAL AUTHORITY When considering demurrers, courts rea...

Excerpt: ... Undertaking The court considered the moving, opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On August 30, 2019, plaintiff EDPO LLC dba Expo Propane filed a complaint against Destination Shuttle Services, LLC, Brain 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 written contract, (2) breach of oral agreement, (...

Excerpt: ...s to Special Interrogatories, Set 1 (3) Motion to Compel Defendant Shek's Responses to Demand for Production of Documents, Set 1 (4) Motion to Deem the Truth of Facts in Plaintiff's Request for Admission, Set 1 Admitted (5) Motion to Compel Deposition of Defendant Shek The court considered the moving, opposition, reply, supplemental opposition, and supplemental reply papers. RULING The motions to compel responses to form interrogatories, special ...

Excerpt: ... on February 5, 2020) The court considered the moving, opposition, and reply papers, oral argument, and the supplemental briefing. At the hearing on July 15, 2020, the court issued a tentative ruling and heard argument. The hearing was continued to August 14, 2020, and the parties were allowed to file supplemental separate statements. On August 14, 2020, the court provided new deadlines for defendants to file supplemental separate statement and/o...

Excerpt: ...urt considered the moving, opposition, and reply papers. RULING The motion for summary judgment is GRANTED. The motion for summary adjudication is MOOT in light of the ruling on summary judgment. Defendant is ordered to submit a proposed judgment of dismissal forthwith. BACKGROUND On June 21, 2019, plaintiff David Alomatsi (self-represented) filed a complaint against Kindred Hospital for (1) negligence/medical malpractice, (2) negligent hiring an...

Excerpt: ...l Deposition of Employee and PMQ for Defendant Allegis Group, Inc. The court considered the moving, opposition, and reply papers. RULING The motions are GRANTED. Counsel are ordered to meet and confer within the next five days as to available dates for depositions to be held within the next 30 days. BACKGROUND On September 12, 2019, Josefina Lucero filed a complaint against Aerotek, Inc., Allegis Group, Inc., and Aracely Delgadillo for motor vehi...

Excerpt: ...ers. RULING The demurrer is OVERRULED as to the 3 rd cause of action in the FAC. The motion to strike is GRANTED as to para. 38 and prayer for punitive damages. The motion is DENIED as to para. 22. 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...

Excerpt: ... opposition, and reply papers. RULING The motion is GRANTED as to Nos. 10, 16, 19 (limited to “within California”), 34, 38 (“limited to 2019 to the present”), and 41 (limited to “within California”). The motion is DENIED as to Nos. 7, 17, 18, 21, 42, 51, and 59. BACKGROUND On November 22, 2019, plaintiff Mayra Moreno filed a complaint against Nissan North America, Inc. for violations of statutory obligations under the Song-Beverly Con...

Excerpt: ...sition, and reply papers. RULING The motion is GRANTED. The court ORDERS that any and all present and future claims against Buu Van Tran, by or on behalf of joint tortfeasors or co-obligors are barred. BACKGROUND On May 16, 2019, Fanny Dillard filed a complaint against Southern California Edison, Herman Weissker Power, Inc., and Buu Van Tran. On June 14, 2019, plaintiff filed a FAC for (1) negligence, (2) breach of contract, (3) misrepresentation...

Excerpt: ... proof of service of the summons and complaint filed on February 24, 2020 is deemed quashed. BACKGROUND On June 13, 2019, Marisol Marcus filed a complaint against Tony Oliva and Michael Grant Construction Services, Inc. for (1) sexual battery in violation of Civ. 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 attem...

Excerpt: ... The court considered the moving and opposition (filed on Dec. 12, 2019) papers. RULING The motion 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. LEGAL AUTHORITY CCP §1987.1(a) states, “[i]f a subpoena requires the attendance of a witness or the production of books, ...

Excerpt: ...d POBR Claims from Plaintiff's Labor Code Section 1102.5 Cause of Action The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED as to bifurcation. The causes of action for writ of mandamus and POBR are bifurcated for trial from the cause of action under Labor Code §1102.5. The motion is DENIED as to staying the Labor Code §1102.5. BACKGROUND On January 15, 2020, plaintiff Michael Frilot filed a complaint aga...

Excerpt: ... JP Morgan Chase Bank, or, alternatively, Issue a Protective Order The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. BACKGROUND On January 21, 2020, Armagan Kayra and SAMA USA 2 LLC filed a complaint against Benedict Sirimanne aka Sriyantha Ben Sirimanne and CSDS Asset Management LLC for (1) promissory estoppel, (2) breach of oral contract, (3) negligent misrepresentation, (4) intentional misrepresentati...

Excerpt: ...opposition, and reply papers. RULING The motion is DENIED as to Nos. 7, 10, 16-19, 21, 24, 34, 38, 41-42, 51, and 59-61. BACKGROUND On November 1, 2019, plaintiff Judith A. Avila filed a complaint against Nissan North America, Inc. for violations of statutory obligations under the Song-Beverly Consumer Warranty Act. LEGAL AUTHORITY 45-Day Rule: This motion must be served within 45 days after service of the response in question (extended if served...

Excerpt: ...r Responses to Request for Production, Set One The court considered the moving and opposition papers. RULING The motion to compel further responses to form interrogatories is DENIED. The motion to compel further responses to request for production is GRANTED only to the extent that defendant is ordered to provide a privilege log as to any privileged, responsive documents within 20 days. BACKGROUND On September 12, 2016, plaintiffs Jackie Robinson...

Excerpt: ...t considered the moving, opposition, and reply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 3 rd cause of action. The motion to strike is MOOT in light of the ruling on the demurrer. BACKGROUND On December 2, 2019, plaintiff Barbara Stafford filed a complaint against Parking Concepts, Inc., City of Redondo Beach, City of Hermosa Beach, and The Wave for (1) motor vehicle negligence, (2) general negligence, and (3) viol...

Excerpt: ...gment or, in the alternative, Summary Adjudication of Issues The Court considered the moving, opposition, and reply papers. As mentioned below (see Section III(B)(1), infra), the Court refuses to consider Plaintiff's notice of errata. RULING The Court DENIES Defendant Jackie Weissman's motion for summary judgment. The Court GRANTS IN PART Defendant's the motion in the alternative for summary adjudication as further explained below. Specifically, ...

Excerpt: ...reply papers. RULING The motion is GRANTED. BACKGROUND On September 3, 2019, plaintiff Carey F. McLaughlin filed a complaint against Kathleen McManus- Peloso for (1) breach of promissory note, (2) breach of deed of trust, and (3) breach of fiduciary duty. On January 7, 2020, the court overruled defendant's demurrer. On June 29, 2020, plaintiff filed a FAC. DISCUSSION Defendant requests an order quashing the deposition subpoena for the production ...

Excerpt: ...gment or, in the alternative, Summary Adjudication of Issues The Court considered the moving, opposition, and reply papers. As mentioned below (see Section III(B)(1), infra), the Court refuses to consider Plaintiff's notice of errata. RULING The Court DENIES Defendant Jackie Weissman's motion for summary judgment. The Court GRANTS IN PART Defendant's the motion in the alternative for summary adjudication as further explained below. Specifically, ...

Excerpt: ...eply papers. RULING The motion for summary judgment is GRANTED. The motion for summary adjudication is MOOT in light of the ruling on the summary judgment. BACKGROUND On April 30, 2019, plaintiff Ana Mejia filed a complaint against Hyundai Motor America for violation of statutory obligations under the Song Beverly Act. LEGAL AUTHORITY The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to ...

Excerpt: ... RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. The motion to strike is MOOT in light of the ruling on the demurrer. BACKGROUND On November 6, 2019, plaintiff 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) negligence per se – violation of Bus. and Prof. Code §10145. LEGAL AUTHORITY When considering demu...

Excerpt: ...osition, and reply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the FAC and each of the causes of action as to defendants John Buckley and Equity Building Inspection. The motion to strike is MOOT in light of the ruling on the demurrer. BACKGROUND On March 28, 2019, plaintiffs Todd Butler and Mariam Butler filed a complaint against David Narvaez, Daleen Narvaez, John Buckley, and Equity Building Inspection for (1) fraud �...

Excerpt: ...ories, Set One. As to Muhammad Khan 2. Motion to Compel Further Responses of Muhammad Khan to Form Interrogatories, Set One. The court considered the moving papers. RULING The motions are GRANTED, in part. Defendant PennyMac Loan's Motion to Compel Further Responses to its Form Interrogatories, Set One, from Farida Khanum Nos. 2.5 – 2.7, 6.2 – 6.6, 7.1, 8.7 – 8.8, 9.2, 10.1, 11.2, 14.1 – 14.2, 50.1, and 50.3, is GRANTED. The motion is DEN...

Excerpt: ...g, opposing, and reply papers. RULING The motion for summary judgment is DENIED. The motion for summary adjudication is DENIED. BACKGROUND On April 2, 2019, plaintiff American Express National Bank filed a complaint against defendant Erec Fitzgerald for common counts of open book account and accounts stated based defendant's failure to pay the balance due on his American Express credit card account. LEGAL AUTHORITY The purpose of a motion for sum...

Excerpt: ...nsidered the moving, opposition, and reply papers. RULING The motion for summary adjudication is GRANTED as to the 5 th cause of action for declaratory relief. BACKGROUND On May 15, 2018, plaintiffs Cynthia Hu and Steven Lee filed a complaint against Jacobo Balairon, Vivian Nguyen, and J & B Veterinary Services, Inc. for (1) breach of oral contract, (2) breach of implied covenant of good faith and fair dealing, (3) fraud, (4) unjust enrichment, a...

Excerpt: ... Good Faith Settlement The court considered the moving papers. RULING Defendant/Cross-Complainant County of Los Angeles' Motion for Determination of Good Faith Settlement is GRANTED. The court ORDERS that in this action, 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 ...

Excerpt: ...otion for summary judgment or, in the alternative, motion for summary adjudication is DENIED in its entirety. BACKGROUND On February 1, 2019, Plaintiff Vivian Jean Walker-McPherson filed a complaint against George De Bose for (1) breach of contract, (2) promissory fraud, (3) breach of the implied covenant of good faith and fair dealing, (4) fraud (intentional misrepresentation), (5) fraud (negligent misrepresentation), and (6) fraud (false promis...

Excerpt: ...pel Further Responses to Request for Production of Documents The court considered the moving and opposing papers. RULING Defendant's Motion to Compel Further Responses to Defendant's Request for Production of Documents, Set One, is GRANTED. Plaintiff is to produce responses with in 20 days of this order. Sanctions are awarded in the reduced amount of $3,340 BACKGROUND On July 31, 2019, Plaintiff Frank Fasano as trustee of The Fasano Living Trust ...

Excerpt: ...ered the moving papers. RULING Plaintiff Mina Nguyen's Motion for Order Approving Payment of Civil Penalties to the California Labor and Workforce Development Agency of Settled Case is GRANTED. BACKGROUND On June 25, 2019, Plaintiff Mina Nguyen, individually and on behalf of all other aggrieved employees, filed this PAGA representative action complaint against Defendants Fantasy Beauty & Spa, LLC and Nickie Dinh. Plaintiff alleges Defendant Fanta...

Excerpt: ...America, Inc.'s Motion for Determination of Good Faith Settlement is GRANTED. The court ORDERS that in this action, 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 Toyota be and are dismissed with prejudice. Any and all present and future claims against T...

Excerpt: ...ntiff/Cross-Defendant Theresa Martinez Responding Party: Defendant/Cross-Complainant Innovative Fertility Center, a professional medical corporation Demurrer to first amended cross-complaint The Court considered the moving, opposition, and reply papers. RULING Overrule to 1st COA; sustain with leave to amend the 2nd COA within 10 days. BACKGROUND This action arises out of alleged labor code violations during two employees' employment at a fertili...

Excerpt: ...and reply papers. RULING The demurrer to the fourth cause of action asserted in the First Amended Complaint is SUSTAINED without leave to amend. The motion to strike is GRANTED without leave to amend. BACKGROUND On September 5, 2019, Plaintiff Jane HC Doe, a minor by and through her guardian ad litem, Kim S., filed a complaint against Defendant Torrance Unified School District (“TUSD”) and Dalan Anthony Johnson for (1) negligence, (2) neglige...

Excerpt: ...and reply papers. RULING The demurrer to the fourth cause of action asserted in the First Amended Complaint is SUSTAINED without leave to amend. The motion to strike is GRANTED without leave to amend. BACKGROUND On September 5, 2019, Plaintiff Jane HC Doe, a minor by and through her guardian ad litem, Kim S., filed a complaint against Defendant Torrance Unified School District (“TUSD”) and Dalan Anthony Johnson for (1) negligence, (2) neglige...

Excerpt: ...d the moving papers, response and reply RULING The petition is GRANTED. The parties are ordered to file with the court a list of persons supplied jointly by the parties by ___________. At the hearing, pursuant to CCP section 1281.6, the court will nominate five persons either from the list supplied jointly by the parties, or obtained from a governmental agency concerned with arbitration or private disinterested association concerned with arbitrat...

Excerpt: ...h 15, 2017, Francisco Rocha filed a complaint against Eric Chapman, Canterbury Knolls Construction, and Lemoli Avenue Homeowners Association for (1) negligence. Plaintiff alleges that in September 2015, plaintiff was hired to work on the premises by defendants. From that time to the time of the incident, defendants provided plaintiff with the tools to complete the assigned tasks and the work performed was directed by defendants. Each defendant ex...

Excerpt: ...tion, and reply papers. RULING The motion is GRANTED in part. Defendant Nissan is ordered to respond further to plaintiff's Request for Production of Documents, Set One, Nos. 16-19, 21, 41, 51, and 59, within 45 days. The motion is DENIED as to Nos. 7, 10, 34, 38, and 42. BACKGROUND On August 7, 2019, plaintiff Maria Barraza filed a complaint against Nissan North America, Inc. for violations of statutory obligations under the Song-Beverly Consume...

Excerpt: ...t and 2 nd causes of action. Defendants are to file answers within five days. BACKGROUND On November 22, 2019, plaintiff Michael Dyberg filed a complaint against Laura Gehley and Mark Gehley for (1) defamation and (2) IIED. On May 5, 2020, defendant Laura Gehley filed a cross-complaint for (1) sexual battery, (2) battery and assault, (3) IIED, and (4) NIED. LEGAL STANDARD When considering demurrers, courts read the allegations liberally and in co...

Excerpt: ...VERRULED as to the 1 st and 2 nd causes of action and SUSTAINED WITHOUT LEAVE TO AMEND as to the 3 rd cause of action. Defendant is ordered to file an answer within five 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...

Excerpt: ...rmy's Person Most Qualified; (2) to Compel Production of Documents at Said Deposition The court considered the moving, opposition, and reply papers. RULING The motion is DENIED in part and GRANTED in part. The requests for a discovery referee and to compel further production to RFP No. 3 are DENIED. The motion is GRANTED as to compelling answers to the categories as set forth in the separate statement and to the production of documents as to RFP ...

Excerpt: ...and reply papers. RULING The motion to strike is GRANTED WITHOUT LEAVE TO AMEND. BACKGROUND On November 21, 2019, plaintiff Jennifer Velasquez filed a complaint against Patrick Pittenger, Joan Pittenger, and all persons unknown claiming any interest in the property for (1) partition, (2) accounting, (3) dissolution of partnership, (4) common count, (5) breach of fiduciary duty, (6) cancellation of instrument, (7) rescission of contract, and (8) I...

Excerpt: ...or Monetary Sanctions; The court considered the moving, opposing, and reply papers. RULING The motion is GRANTED. The court ORDERS Plaintiff Kathleen Ruiz and her counsel B|B Law Group, LLP to pay monetary sanctions to Defendants' counsel in the amount of $4,410 within 30 days. BACKGROUND On October 1, 2018, plaintiff Kathleen Ruiz (“Plaintiff”) filed a complaint against defendants Marymount California University (“University”), Lucas Lam...

Excerpt: ...s, vs. ASCENTIUM CAPITAL, LLC, a Delaware limited liability company; INSYNC CASE NO: 19VECV00828 [TENTATIVE] ORDER RE: ASCENTIUM CAPITAL'S DEMURRER TO WOODLAND HILLS' AND MIRSHOJAE'S FIRST AMENDED CROSS‐COMPLAINT AND MOTION TO STRIKE Dept. U 8:30 a.m. July 16, 2020 HEALTHCARE SOLUTIONS, LLC, a Florida limited liability company; and DOES 1 through 10, inclusive, Cross‐Defendants. I. BACKGROUND Ascentium Capital, LLC (Ascentium) filed a complai...

Excerpt: ...ered the moving, opposition, and reply papers. RULING The motion for summary adjudication is GRANTED as to the 5 th cause of action for declaratory relief. BACKGROUND On May 15, 2018, plaintiffs Cynthia Hu and Steven Lee filed a complaint against Jacobo Balairon, Vivian Nguyen, and J & B Veterinary Services, Inc. for (1) breach of oral contract, (2) breach of implied covenant of good faith and fair dealing, (3) fraud, (4) unjust enrichment, and (...

Excerpt: ...papers. RULING The motion is DENIED without prejudice to a subsequent motion with evidence as required under CCP §2034.470 for the court's consideration. The court encourages the parties to meet and confer further as to splitting Dr. Morris' fee. BACKGROUND On November 18, 2015, plaintiff Cecile Jones filed a complaint against City of Gardena and County of Los Angeles for premises liability and negligence based on a trip and fall on January 17, ...

Excerpt: ...sition, and reply papers. RULING The motion is GRANTED. Defendants are granted an additional four hours beyond the seven-hour limit to depose plaintiff. 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, plai...

Excerpt: ...ng, opposition, and reply papers. RULING The motion for summary adjudication is GRANTED as to the 2 nd through 6 th causes of action. BACKGROUND On October 22, 2015, plaintiff Ivan K. Stevenson filed a complaint against Wai Ching Shilon aka Anne Shilon and Moti Shilon for negligence, breach of oral contract, breach of implied contract, fraud, personal injury, and property damage. On October 18, 2016, plaintiff filed a First Amended Complaint. On ...

Excerpt: ...for Reconsideration (filed on February 14, 2020) (2) Motion for Reconsideration (filed on February 19, 2020) The court considered the moving and opposition papers. RULING The motions are DENIED. BACKGROUND On September 4, 2019, Aasir Azzarmi (self-represented) filed a complaint against Wendy Chau, Walter Lorio, Richard Lorich, Jeanne Maumus, Robert J. Relihan, Clifford Schwenker, Hana Bruce, Kristina Keifer, Jazzmaine Francis, Susan Judson, Chris...

Excerpt: ...apers. RULING The motion is GRANTED in part. Defendant General Motors is ordered to respond further to plaintiff's Request for Production of Documents, Set One, Nos. 7, 16-21, 35-39, 42, 50, 59-64, and 66, within 30 days. The time period as to Nos. 35, 36, 38, 39, and 50 is limited to January 2017 to the present. The motion is DENIED as to Nos. 7 and 42. BACKGROUND On July 17, 2019, plaintiff Jose Piceno filed a complaint against General Motors, ...

Excerpt: ... considered the moving, opposition, and reply papers. RULING The motion is DENIED WITHOUT PREJUDICE. The court suggests that the parties share in the cost of obtaining the services of Patrick Reynolds to ascertain compliance with the court order. BACKGROUND In 1998, Palos Verdes Homes Association filed a complaint against David Goldhammer to have him remove several palm trees and other foliage, which were newly planted on his property without the...

Excerpt: ... moving, opposition, and reply papers. RULING The motion is GRANTED. Plaintiff is ordered to attend the continuation of her deposition within the next 45 days on a mutually agreeable date and time. Plaintiff is also ordered to submit to an additional thirty minutes beyond the seven-hour limit, if needed by defendants. BACKGROUND On September 27, 2018, plaintiffs Laura Esquivel and Margarita De La O filed a complaint against Menzies Aviation (USA)...

Excerpt: ...ng, opposition, and reply papers. RULING The motion is GRANTED. Plaintiff is ordered to file her FAC within five days. BACKGROUND On September 3, 2019, plaintiff Carey F. McLaughlin filed a complaint against Kathleen McManus- Peloso for (1) breach of promissory note, (2) breach of deed of trust, and (3) breach of fiduciary duty. On January 7, 2020, the court overruled defendant's demurrer. LEGAL AUTHORITY CCP § 473(a)(1) provides, in relevant pa...

Excerpt: ...n, and reply papers. RULING The motion is DENIED. Counsel are to meet and confer to mutually agree as to place, date, and time for each deposition. BACKGROUND On September 14, 2018, Kevin Jarvis filed a complaint against Regents of the University of California for (1) assault and battery, (2) negligence, (3) false imprisonment, (4) premises liability, and (5) statutory violations regarding an incident that occurred on June 18, 2018. On November 8...

Excerpt: ...g, opposition, and reply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 st and 2 nd causes of action in the cross-complaint as to Select Portfolio Servicing, Inc. BACKGROUND On July 17, 2017, plaintiffs Keith Oldham and Michealann Oldham filed a complaint against Jay Press, Rocio A. Press, Select Portfolio Services, Quality Loan Services Corp., and any person claiming an interest in 28633 Mount Rose Road, Rancho Palos...

Excerpt: ...papers. No opposition was filed. RULING The motion is GRANTED. The court ORDERS that in this action, 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 Insurance Auto Auctions, Inc. and Vermont Holding Company, LLC be and are dismissed with prejudice. Any a...

Excerpt: ... the 1 st through 6th causes of action in the FAC. BACKGROUND On July 29, 2019, plaintiff Tina Choi (self-represented) filed a complaint against defendants PBK America Inc., Christine Kim, Phillip Kim, Young Sun Sunwoo, Abraham Hernandez. On January 21, 202, plaintiff filed a FAC for (1) fraud, (2) wrongful termination, (3) interference of business relationship, (4) unfair business practice, (5) breach of contract, and (6) IIED. LEGAL AUTHORITY W...

Excerpt: ...DENIED. BACKGROUND On May 8, 2019, plaintiff Sanrio, Inc. filed a complaint against Fab Starpoint LLC for (1) breach of contract – failure to pay royalties, (2) breach of contract – sales to unauthorized channels, (3) breach of contract – one-time authorization agreements, (4) breach of contract – failure to contribute to marketing and retail development funds, (5) breach of contract – failure to make annual marketing and promotion expe...

Excerpt: ...ng documents. Defendants did not file an opposition. RULING Plaintiffs' request for a preliminary injunction is GRANTED. Defendants are preliminarily enjoined from (1) going forward with the foreclosure sale currently scheduled for April 21, 2020 pursuant to Notice of Sale recorded on March 19, 2020 by defendant County Records Research, Inc. on behalf defendants Earl and Rita Collins in the LA County Recorder's Office as document no. 20200325879;...

Excerpt: ...June 23, 2020, at 8:30 a.m. Plaintiffs are ordered to personally serve the ex parte application, TRO, and OSC re preliminary injunction. The opposition and reply are to be filed and served pursuant to CCP § 1005(b). BACKGROUND On April 10, 2020, plaintiffs Kyle Orlemann and Jerome Orlemann filed a complaint against defendant Kevin Chiasson, as trustee of the Michael D. Stone Trust. Plaintiffs alleged causes of action for: (1) Conversion; (2) Vio...

Excerpt: ... and Between J.G. and DRB Capital, LLC is granted. LEGAL AUTHORITY “A direct or indirect transfer of structured settlement payment rights is not effective and a structured settlement obligor or annuity issuer is not required to make any payment directly or indirectly to any transferee of structured settlement payment rights” unless the court approves the transfer in advance. (Ins. Code, § 10139.5, subd. (a).) To approve the settlement, the c...

Excerpt: ...Wuttke filed a demurrer to the first amended complaint and plaintiff filed a second amended complaint. Defendant Wuttke filed this motion on February 14, 2020. Defendant Wuttke's request for judicial notice for Exhibits 1, 2, and 3, pursuant to Evidence Code sections 452 and 453 is GRANTED. Plaintiff's request for judicial notice for Documents 1, 2.a, 2.b, 3, 3.a and 3.b pursuant to Evidence Code sections 452 and 453 is GRANTED. (Plaintiff object...

Excerpt: ...oine-Marie Baurier The court considered the moving, opposition, and reply papers. RULING The motion is CONTINUED to allow counsel to meet and confer and to appear at an IDC on March 16, at 10:00 a.m. BACKGROUND On October 1, 2018, plaintiff Kathleen Ruiz filed a complaint against Marymount California University, Lucas Mamadrid, and Brian Marcotte. On October 22, 2018, plaintiff filed a First Amended Complaint. On November 1, 2018, plaintiff filed...

Excerpt: ...ndum to Plaintiff's Response to Motion for Summary Judgment or, in the Alternative, Summary Adjudication of Issues The court considered the moving papers. RULING The motion is GRANTED. The court ORDERS that the lodged Reply Memorandum of Points and Authorities of AMEC Defendants to Plaintiff's Opposition to AMEC's Motion for Summary Judgment or, in the Alternative, Summary Adjudication of Issues At this time, no other records relating to this cas...

Excerpt: ... GRANTED. Plaintiffs are ordered to file their Second Amended Complaint within five days. 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, $36,167, for both claims. Plaintiffs allege that a Busi...

Excerpt: ...r is OVERRULED as to the 1 st and 4 th causes of action and SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 2 nd cause of action. BACKGROUND On November 26, 2019, plaintiff Ron Hernandez filed a complaint against IRCJ Holdings, LLC and Danny M. Elia for (1) breach of contract, (2) fraud (promise without intention to perform), (3) declaratory relief, and (4) specific performance. LEGAL AUTHORITY When considering demurrers, courts read the allegati...

Excerpt: ...sition papers. RULING The demurrer is OVERRULED as to the 1 st and 2 nd causes of action in the cross-complaint. Cross- defendant is 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, Brain Lott, Jack Lott, National Transportation Inc., NTI-CA Inc. dba NTI Ground Trans, John Kindt, James Gleich each dba Destination Shuttle Servi...

Excerpt: ...ogatories, Set One (2) Motion to Compel Further Responses to Form Interrogatories, Set One (3) Motion to Compel Further Responses to Form Interrogatories, Set One The court considered the moving, opposition, and reply papers. RULING The motions are GRANTED. Plaintiff Danielle Bani is ordered to serve on defendant further supplemental response to defendant's Form Interrogatory No. 8.7, within 15 days. Plaintiffs are ordered to serve on defendant f...

Excerpt: ...rt considered the moving papers. No opposition was filed. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 st, 2 nd, and 5 th causes of action. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND. BACKGROUND On March 1, 2019, plaintiff Minoo Amiraftabi Shafii filed a complaint against Natgen Premier, Karim Mali, and MPX Insurance Services for (1) breach of insurance contract, (2) tortious breach of the implied covenant of go...

Excerpt: ...ation of Issues (filed on June 14, 2019) The court considered the moving, opposition, and reply papers. RULING The motion for summary adjudication is GRANTED as to the 1 st cause of action and DENIED as to the 5th cause of action. BACKGROUND On June 26, 2015, plaintiff James Gresham filed a complaint against defendants McCarthy Building Companies, Inc. Morrow-Meadows Corporation, Bapko Metal Fabricators, BCM, Boehling Construction Management, and...

Excerpt: ...RULING The motions are GRANTED. Defendants' answers and the cross-complaint are STRICKEN. Defaults are entered against defendants. The court sets an OSC re entry of default judgment for 06-12-20 at 08:30am. Today's Final Status Conference is vacated. Court Trial set for 03-11-20 is advanced and vacated. BACKGROUND On February 20, 2019, AFC Cal, LLC filed a complaint against defendants Jordan Auto, LLC, Jordan Auto, LLC, dba Jordan Auto, and Ramad...

Excerpt: ...e motion is GRANTED. Defendant is ordered to produce documents in response to plaintiff's Request for Production of Documents, Set One, Nos. 2-13, 19-31, and 36 within 20 days. Defendant is ordered to pay $2,460 in sanctions to plaintiff within 30 days. BACKGROUND On May 8, 2019, plaintiff Sanrio, Inc. filed a complaint against Fab Starpoint LLC for (1) breach of contract – failure to pay royalties, (2) breach of contract – sales to unauthori...

Excerpt: ... Stay The court considered the moving, opposition, and reply papers. RULING The petition is GRANTED. BACKGROUND On May 14, 2019, plaintiff Elsie F. Romero (self-represented) filed a complaint against The Law Offices of Joseph R. Manning, Jr. and Joseph R. Manning, Jr. for (1) legal malpractice and (2) breach of fiduciary duty. Plaintiff alleges that she owns and resides in the property located at 221 S. Irena Ave., #A, Redondo Beach. In 2011, she...

Excerpt: ...d the moving papers. RULING The motion is GRANTED. BACKGROUND On November 4, 2019, plaintiff Daniel Ortega and Rene Wolfe, individually and on behalf of the State of California and all other Aggrieved Employees filed PAGA representative action complaint against DWWSB, Inc., David Wilson's Ford of Orange, and DWWTO. Plaintiffs allege that defendants own and operate a number of car dealerships and that plaintiffs and the aggrieved employees are tas...

Excerpt: ...tion is GRANTED WITH 20 DAYS LEAVE TO AMEND. BACKGROUND On December 4, 2019, plaintiff Stephen A. Schlesinger filed a complaint against Edward Djang for (1) breach of fiduciary duty, (2) breach of contract, and (3) declaratory relief. LEGAL STANDARD 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 in any pleading. CCP § 436(a). The court may ...

Excerpt: ...urrer to the 1 st cause of action in the SAC is SUSTAINED WITHOUT LEAVE TO AMEND. BACKGROUND On September 18, 2018, plaintiff Carol Beatty (self-represented) filed a complaint against “6 Redondo Beach Police Officers” for civil harassment, civil rights/discrimination, and personal injury/IIED. On March 19, 2019, plaintiff filed a First Amended Complaint for (1) personal injury/IIED and (2) violation of 4 th amendment rights. Plaintiff named E...

Excerpt: ...urrer to Complaint (2) Motion to Strike Portions of Complaint The court considered the moving, opposition, and reply papers. RULING The demurrer is OVERRULED as to the 1 st cause of action for battery and SUSTAINED WITHOUT LEAVE TO AMEND as to the 2 nd cause of action for fraud. The motion to strike is GRANTED IN ITS ENTIRETY. BACKGROUND On September 13, 2019, plaintiff Erica H. Leventhal, a minor by and through her guardian ad litem, Cornelia A....

Excerpt: ...s GRANTED. Plaintiff is ordered to file his First Amended Complaint within five days. BACKGROUND On February 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.,...

Excerpt: ...opposition papers. RULING The demurrer is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. The court will allow plaintiff an opportunity to amend to plead a different cause of action. 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, ...

Excerpt: ...s GRANTED. Plaintiff is ordered to file his First Amended Complaint within five days. BACKGROUND On February 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.,...

Excerpt: ...opposition papers. RULING The demurrer is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. The court will allow plaintiff an opportunity to amend to plead a different cause of action. 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, ...

Excerpt: ...Release of Records The court considered the moving, opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On February 20, 2018, plaintiff Kerri L. Cohen filed a complaint against Adam J. Goodman M.D., Torrance Emergency Physicians, Inc., Torrance Memorial Medical Center, Inc. Torrance Hospitalist Associates, Tiffany T. Trinh. M.D., Aaron K. Tran, M.D., Jasminka M. Criley, M.D., and Julia J. Hsiao, D.O. for medical negligence. LEGA...

Excerpt: ...ng Plaintiff a Vexatious Litigant, Requiring Plaintiff to Post Security, and for Pre-Filing Order Prohibiting Plaintiff from Filing Any New Litigation The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. The court orders that plaintiff furnish a security in the amount of $50,000 within ten days. BACKGROUND On July 18, 2019, plaintiff Aasir Azzarmi (self-represented) filed a complaint against Delta Air Lines...