Excerpt: ...response was filed. RULING The petition is GRANTED. BACKGROUND On April 29, 2022, petitioners 20927 Amie Owner, LLC, 21023 Amie Owner, LLC, 21107 Amie Owner, LLC, 4006 Emerald Owner, LLC, and 21007 Victor Owner, LLC filed a petition for order compelling arbitration against Realty Holdings PSJC LLC, Shikha Vidjeardji, and Perumal Radakichenan. LEGAL AUTHORITY Under CCP § 1281, a “written agreement to submit to arbitration an existing controvers...

Excerpt: ... papers. RULING The motion is GRANTED. Defendant is ordered to produce its PMQ by October 31, 2022 as to all the categories in plaintiff's deposition notice. 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 a...

Excerpt: ...ving papers. No opposition was filed. RULING The motion is GRANTED. The dismissal entered on September 28, 2015 is set aside and vacated. Judgment is entered in the amount of $30,797.37, less $4,447.08 in credits, for total of $26,350.29 in favor of plaintiff and against defendant Poorang Mohajer. BACKGROUND On September 27, 2013, National Collegiate Student Loan Trust filed a complaint against Poorang Mohajer. On June 11, 2015, plaintiff filed a...

Excerpt: ... moving, opposition, and reply papers. RULING The motion is GRANTED. LEGAL AUTHORITY Under CCP §598, “[t]he court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order . . . that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the ca...

Excerpt: ...ND On June 13, 2019, plaintiff Marisol Marcus filed a complaint against Tony Oliva and Michael Grant Construction Services, Inc. for (1) sexual battery in violation of Civil Code 1708.5, (2) battery, (3) IIED, (4) negligence, and (5) negligent hiring. On September 3, 2020, the court granted Tony Oliva's motion to quash service of summons as to the proof of service filed on February 24, 2020. On June 1, 2021, the court granted Tony Oliva's motion ...

Excerpt: ...dant's Motion To Quash for Lack of Personal Jurisdiction is DENIED. BACKGROUND On June 7, 2022, plaintiff Dawn Ryerson initiated the present action by filing a complaint against defendant George Neuner and Does 1 through 10. Plaintiff's complaint alleges a single cause of action for conversion against defendants. On July 28, 2022, rather than file an answer in response to plaintiff's complaint, defendant George Neuner filed a motion to quash for ...

Excerpt: ...e Cross-Complaint is GRANTED. BACKGROUND On May 16, 2019, plaintiff Jeff Widmann initiated the present action by filing a Complaint against defendant Edward Leung, as an individual and as trustee for Leung Edward T. Trust, and Does 1 through 50. On August 7, 2019, plaintiff filed a First Amended Complaint against defendant Edward Leung, as an individual and as trustee for Leung Edward T. Trust, and Does 1 through 50. On January 13, 2020, plaintif...

Excerpt: ...lwood, and Genesis Healthcare, Inc. Responding Party: None (1) Motion for Judgment on the Pleadings The court considered the moving papers. No opposition has been filed. RULING The Motion for Judgment on the Pleadings is GRANTED. BACKGROUND On October 28, 2021, Plaintiffs Gordana Mercer, by and through her Successor-in-Interest, David Rosini, and David Rosini (collectively “Plaintiffs”) filed a complaint against Defendants Sunbridge Hallmark ...

Excerpt: ...ENIED. BACKGROUND On March 22, 2022, plaintiff Mike Harsini filed a complaint against defendant Marcello Curko for slander/libel (defamation of character) and intentional infliction of mental distress. LEGAL AUTHORITY CCP § 425.16 permits the court to strike causes of action arising from an act in furtherance of the defendant's right of free speech or petition unless the plaintiff establishes that there is a probability that the plaintiff will p...

Excerpt: ...ition, and reply papers. RULING The Motion is GRANTED in part and DENIED in part, as specified below. BACKGROUND On September 10, 2021, plaintiff Tony Talbert filed a complaint. The operative pleading is the First Amended Complaint and asserts causes of action for (1) dental malpractice, (2) lack of informed consent, (3) battery, (4) intentional misrepresentation, (5) negligent misrepresentation, and (6) concealment against several defendants, in...

Excerpt: ... On November 26, 2019, plaintiff Bank America, N.A. filed a complaint against defendant Andrea Thatcher asserting one cause of action for common counts. On February 3, 2021, the court entered an Order on Settlement Agreement and Stipulation for Judgment and retained jurisdiction under CCP § 664.6. On June 17, 2022, plaintiff filed the instant motion for entry of judgment under terms of the stipulated settlement. No opposition to the motion has b...

Excerpt: ...TED. The proof of service of summons filed on May 27, 2022 is quashed. BACKGROUND On May 12, 2022, Mia Morgan White (self-represented) filed a complaint against Alpine Village and Alpine Market for motor vehicle negligence, general negligence, premises liability, and “hate crime after incident.” The court notes that plaintiff did not attach the “causes of action” forms to the complaint. The court also notes that the caption to the complai...

Excerpt: ...ted The court considered the moving and opposition papers. RULING The motions are DENIED as MOOT. 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 $1,620 in total for both motions, within 30 days. BACKGROUND On September 8, 2016, Attessa Properties CA LLC filed a complaint against Lucie Idleman to quiet title. On September 14, ...

Excerpt: ...position, and reply papers. 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 Grand Hall USA, Inc. be and are dismissed with prejudice. Any and all present and futur...

Excerpt: ...g, opposition, and reply papers. RULING The motion is GRANTED. The court orders that the attorney is relieved as counsel of record for defendants Business Alliance Insurance Company, Sephirot Constructors Corp., Sephirot Materials Corp., Sephirot Rentals Corp., and Sephirot Royal Funds LLC, effective upon the filing of the proofs of service of the signed “Order Granting Attorney's Motion to Be Relieved as Counsel – Civil” (Judicial Council ...

Excerpt: ...s in the amount of $39,600 plus $503.75 in costs against Adecco USA, Inc. and Air Fayre, CA, Inc. BACKGROUND On November 17, 2020, plaintiff Maria Cubias filed a complaint against Air Fayre CA, Inc. and Adecco USA, Inc. for (1) disability discrimination, (2) failure to accommodate, (3) failure to engage in interactive process, (4) retaliation (Gov. Code §12945.2), (5) retaliation (Gov. Code §12940(h), (6) retaliation in violation of Labor Code ...

Excerpt: ...l Interrogatories, Set One, and (3) Request for Production of Documents, Set One The court considered the moving papers. No opposition was filed. RULING The motion is GRANTED upon defendant's payment of an additional $120 in filing fees. Plaintiff Raymond Wright is ordered to respond without objections to defendant Honda Development and Manufacturing of America, LLC's Form Interrogatories, Set One and Special Interrogatories, Set One, within 20 d...

Excerpt: ...pers. RULING The motion is GRANTED. Defendant Caroline Londergan is awarded $18,495 in reasonable attorney's fees as the prevailing party against plaintiffs Rocco A. Mondello and Margaret A. Mondello. BACKGROUND On February 17, 2022, plaintiffs Rocco A. Mondello and Margaret A. Mondello (self-represented) filed an unlawful detainer complaint against Caroline Lundergan and Karmic Energy, Inc. based on a 30-day notice to quit. On April 7, 2022, pla...

Excerpt: ...the moving, opposition, and reply papers and request for dismissal as to defendant Suh. RULING The demurrer is OVERRULED as MOOT as defendant Suh has been dismissed. BACKGROUND On May 2, 2022, plaintiff Del Amo Fashion Center Operating Company, L.L.C. filed an unlawful detainer complaint against Akisan Restaurant Group, LLC and Steve Suh based on a notice to pay rent or quit. On July 5, 2022, plaintiff filed a request for dismissal as to individu...

Excerpt: ...ND On January 15, 2020, plaintiff Michael Frilot filed a complaint against defendants City of Hermosa Beach, Hermosa Beach Police Department, and Suja Lowenthal, City Manager for (1) violation of POBRA, (2) declaratory relief, (3) whistleblower retaliation (Labor Code §1102.5), and (4) writ of mandate (CCP §1085). On September 14, 2020, plaintiff filed a FAC for (1) violation of POBRA, (2) declaratory relief, and (3) Labor Code §1102.5. Plaint...

Excerpt: ...ply papers. RULING The motion is GRANTED in part and DENIED in part. Defendant Lennox School District is ordered to produce for deposition a PMK for 90 minutes, within seven days, either in person or remotely, as allowed under CCP §2025.310, as to the affirmative defense “avoidable consequences doctrine.” The motion is DENIED as to search for ESI records. BACKGROUND On June 12, 2020, plaintiffs Davon Dean, Hugo Aceves, and Juan Abel Gomez fi...

Excerpt: ...court considered the moving, opposition, and reply papers. RULING The motion is DENIED WITHOUT PREJUDICE. BACKGROUND On July 12, 2019, plaintiffs Steven Oppenheimer, Shelice Oppenheimer, Ashton Oppenheimer, by and through his Guardian ad Litem Steven Oppenheimer, Aiden Oppenheimer, by and through his Guardian ad Litem Steven Oppenheimer, and Avery Oppenheimer, by and through his Guardian ad Litem Steven Oppenheimer filed a complaint against Publi...

Excerpt: ...nd cross- complainant Faranak M. Kamnei (1) Motion to Compel Further Responses to Requests for Production, [Set] One (2) Motion to Compel Further Responses to Requests for Admission, [Set] One (3) Motion to Compel Further Responses to Requests for Production, [Set] One The court considered the moving, opposition, and reply papers. RULING The motions to compel further responses to requests for production, set one, Nos. 8-15 are MOOT and thus DENIE...

Excerpt: ...s and plaintiff's non-opposition. RULING The motion for summary judgment is GRANTED. 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 i...

Excerpt: ...LING The demurrer is OVERRULED as to the 5 th cause of action. Defendant is ordered to file an answer within ten days. BACKGROUND On March 25, 2022, plaintiffs Robert Knox and Rock Construction and Management filed a complaint against Volkswagen Group of America, Inc. for (1) violation of Song Beverly Consumer Warranty Act – breach of express warranty, (2) violation of Song Beverly Consumer Warranty Act – breach of implied warranty, (3) viola...