Excerpt: ...No opposition was filed. RULING The motion for summary judgment is GRANTED. BACKGROUND On February 15, 2017, plaintiff Houssein Amini filed a complaint against Macy's Corporate Services, Inc., Simon Property Group, Inc., Farallon Capital Management, LLC, JPMorgan Distribution Services Inc., J.P. Morgan Chase National Corporate Services, Inc., The Whiting-Turner Contracting Company, Inc., and Bomel Construction Co., Inc. based on a trip and fall i...

Excerpt: ...G The motion is GRANTED. BACKGROUND On September 6, 2017, plaintiffs Susan Pena and Alfonso Pena filed a complaint against defendants Edward Kats and Yuriy Matyash, ind. and dba Tin Hill Construction aka Yuriy Matyash Construction for (1) strict products liability, (2) violation of standards set forth in Civil Code §896, (3) breach of implied warranty of merchantability, (4) breach of express warranty, (5) breach of contract, and (6) negligence....

Excerpt: ...s. RULING The motion for summary adjudication is GRANTED. BACKGROUND On July 13, 2018, plaintiff Matthew Palmer filed a complaint against Elevon Retail Association and Mar Ventures, Inc. for negligence/premises liability based on a fall off a ladder. On August 9, 2018, defendants filed a cross-complaint for indemnity, declaratory relief, and equitable apportionment On May 16, 2019, plaintiff filed an amendment to complaint designating Timberwolff...

Excerpt: ... opposition papers and defendant's objections to the “untimely service” of the opposition. The court finds that defendant has not been prejudiced by any delay in service. RULING The demurrer to the FAC as to the 3 rd and 4 th causes of action is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. The motion to strike is GRANTED WITH 20 DAYS LEAVE TO AMEND. BACKGROUND On July 16, 2019, plaintiff Rosemary Meza, ind. and as trustee of the Meza Family Trust f...

Excerpt: ...is GRANTED. Plaintiff is awarded $15,972.50 in attorney's fees against defendant. BACKGROUND On August 21, 2019, plaintiff Upside Crenshaw Holding, LLC filed an unlawful detainer complaint against Habachi Buffet, Inc. for possession and damages, based on a three-day notice to pay rent or quit. On October 30, 2019, the court granted plaintiff's motion for summary judgment. LEGAL AUTHORITY CCP §1021 states: “Except as attorney's fees are specifi...

Excerpt: ...for Summary Judgment or, alternatively, for Summary Adjudication The court considered the moving, opposition, and reply papers. The court also considered oral argument at the hearing on January 14 and the supplemental responses. The hearing was continued to January 24 to allow plaintiff the opportunity to take certain depositions noticed by plaintiff for January 16 and 17. RULING The motion for summary judgment is GRANTED. The motion for summary ...

Excerpt: ...on to Strike Portions of FAC The court considered the moving, opposition, and reply papers. RULING The demurrer to the FAC is OVERRULED as to the 2 nd and 3 rd causes of action and SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 1 st, 6 th, and 7 th causes of action. The motion to strike is GRANTED WITH 20 DAYS LEAVE TO AMEND. BACKGROUND On January 24, 2019, plaintiff Diana Bose filed a complaint against Wayne D. H. Young dba Normandie Mobile Hom...

Excerpt: ... Request for Production of Documents, Set Two The court considered the moving, opposition, and reply papers. RULING The motions are GRANTED. Plaintiff is ordered to provide further responses to Grand Hall's Special Interrogatories, Set Two, Nos. 47, 50, and 68 and to Request for Production of Documents, Set Two, No. 39 and to produce responsive documents, within 15 days. BACKGROUND On October 22, 2015, plaintiff Ivan K. Stevenson filed a complain...

Excerpt: ... hearing was continued to allow for supplemental briefing, which the court also considered. RULING The motion is GRANTED. The court awards attorney's fees in favor of defendant Cameron Wilson and against plaintiffs in the amount of $11,750. BACKGROUND On December 11, 2018, plaintiffs PineSight LLC and Veritas Liberabit Vos LLC filed a complaint against defendants Zon Inc., Cameron Wilson, and Sarah Aikin asserting causes of action for declaratory...

Excerpt: ...or, 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 motion for summary judgment. BACKGROUND On December 13, 2017, Jane Doe, a minor by and through her guardian ad litem, S.A., filed a complaint against Lawndale Elementary School and Jason Farr. On April 23, 2018, plaintif...

Excerpt: ...RULING The motion is GRANTED. Defendant is ordered to produce its PMQ for deposition on Categories 5, 8, 9, 11, 12, 14-16, 18-21, and 24-29, within 15 days. BACKGROUND On December 7, 2018, Luis D. Granados filed a complaint against FCA US LLC for statutory obligations under the Song-Beverly Act. Trial was continued from December 4, 2019 to February 19, 2020. DISCUSSION Plaintiff requests an order compelling defendant FCA to designate and produce ...

Excerpt: ...is DENIED as to the 1 st cause of action and GRANTED WITH 20 DAYS LEAVE TO AMEND as to the 2 nd cause of action. BACKGROUND On April 25, 2019, plaintiff Ilan David filed a complaint against Bank of America Corporation and Kathy Sanchez for (1) negligence and (2) violation of right to privacy. LEGAL AUTHORITY CCP § 438 states, in relevant part: “(b)(1) A party may move for judgment on the pleadings. . . . (c)(1) The motion provided for in this ...

Excerpt: ...rt considered the moving, opposition, and reply papers. RULING The demurrer is OVERRULED as to the 1 st cause of action and SUSTAINED WITHOUT LEAVE TO AMEND as to the 3 rd cause of action. The motion is DENIED as to prayer at page 34, lines 4, 12, and 18 under the 1 st cause of action. The motion is GRANTED as to page 34, line 22 (general damages) under the 2 nd cause of action for negligence to the extent that “damages recoverable . . . do not...

Excerpt: ...er to the SAC is OVERRULED. BACKGROUND On April 22, 2019, plaintiff Saeideh Miri filed a complaint against Nadine Ali Elhor, County of Los Angeles, and City of Los Angeles for motor vehicle negligence and negligence arising out of a motor vehicle accident on April 12, 2018. Plaintiff alleges that plaintiff's vehicle was struck by defendant Elhor's vehicle, which was speeding and did not keep a proper distance. Plaintiff further alleges that defen...

Excerpt: ...ernatively, for 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. 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 s...

Excerpt: ...on, and reply papers. RULING The demurrer is OVERRULED as to the 1 st cause of action and SUSTAINED WITHOUT LEAVE TO AMEND as to the 4 th and 5 th causes of action. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND as to exemplary and punitive damages and DENIED as to request for attorney's fees. BACKGROUND On May 20, 2019, Sean Brockett filed a complaint against The Salvation Army and The Salvation Army Adult Rehabilitation Center for (1) r...

Excerpt: ...s. RULING The motion to compel further responses is DENIED. BACKGROUND On December 7, 2018, Luis D. Granados filed a complaint against FCA US LLC for statutory obligations under the Song-Beverly Act. LEGAL AUTHORITY 45-Day Rule: This motion must be served within 45 days after service of the response in question (extended if served by mail, overnight delivery, or fax; see CCP § 1013); otherwise, the demanding party waives the right to compel any ...

Excerpt: ...AINED WITH 20 DAYS LEAVE TO AMEND as to the class allegations and 1st and 2 nd causes of action. BACKGROUND On May 8, 2019, plaintiff Sanrio, Inc. filed a complaint against Fab Starpoint LLC for breach of contract and breach of the implied covenant of good faith and fair dealing. The complaint alleges that it is based on defendant's failure to perform numerous obligations and to make payments required under the parties' January 1, 2014 Merchandis...

Excerpt: ...apers. RULING The motion is DENIED. BACKGROUND On March 29, 2019, Christine McNamara and Paul McNamara filed a complaint against Mark Krietzman, an ind. and as trustee of the Chen-Krietzman Trust and Yu-Hsin Chen, an ind. and as trustee of the Chen-Krietzman Trust for declaratory relief, injunctive relief, and abatement of nuisance. On August 19, 2019, plaintiffs filed a FAC. LEGAL STANDARD Under CCP §425.16(b), “(1) A cause of action against ...

Excerpt: ...s OVERRULED. BACKGROUND On September 3, 2019, plaintiff Carey F. McLaughlin aka Carey F. McManus 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. 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 demurrer t...

Excerpt: ...ORDERS that Shouyebul Islam appear for his deposition within the next 10 days, at 701 North Brand Boulevard, Suite 840, Glendale, CA 91203. Deponent Shoulyebul Islam is ordered to pay $1,760 in monetary sanctions to plaintiff within 30 days. BACKGROUND On April 25, 2018, plaintiff Shah Khan filed a complaint against Mahbubur Rahman for (1) imposition of constructive trust (fraud and deceit), (2) imposition of resulting trust, and (3) quiet title....

Excerpt: ...ies, Set Two (2) Motion to Compel Answers to Special Interrogatories, Set Two (3) Motion to Compel Responses to Request for Production of Documents, Set Three (4) Motion to Deem Matters Admitted in Request for Admissions, Set One As to plaintiff Keli Murphy: (5) Motion to Compel Answers to Special Interrogatories, Set Two (6) Motion to Compel Responses to Request for Production of Documents, Set Two The court considered the moving and opposition ...

Excerpt: ...osition, and reply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND. The court orders that the entire case be sealed. BACKGROUND On January 24, 2019, plaintiff Allen Rubin filed a complaint against Russel G. Varon for IIED and sexual battery, stemming from an incident in 1979. On July 1, 2019, the court sustained defendant's demur with leave to amend. On July 17, 2019, plainti...

Excerpt: ...ourt considered the moving, opposition, and reply papers. RULING The demurrer is OVERRULED as to plaintiff West and SUSTAINED WITHOUT LEAVE TO AMEND as to plaintiff Hines. BACKGROUND On February 28, 2018, Cornelius Hines and Rosie West filed a complaint against Clementha M. Dillard for (1) breach of contract, (2) breach of implied warranty of habitability, (3) breach of the covenant of quiet enjoyment, (4) violation of Civil Code §1942.4, (5) nu...

Excerpt: ...UND On April 25, 2018, plaintiff Shah Khan filed a complaint against Mahbubur Rahman for (1) imposition of constructive trust (fraud and deceit), (2) imposition of resulting trust, and (3) quiet title. LEGAL AUTHORITY CCP § 438 states, in relevant part: “(b)(1) A party may move for judgment on the pleadings. . . . (c)(1) The motion provided for in this section may only be made on one of the following grounds: . . . . (B) If the moving party is...

Excerpt: ...t sets an OSC hearing on October 17, 2019, at 8:30 a.m. re the court appointment of a discovery referee pursuant to CCP §639. The hearings on the discovery motions are continued until after the hearing on October 17, 2019. BACKGROUND On May 10, 2018, Anna Mezheritsky filed a complaint against Dorothy Kovich Klein and Thomas Kovich for (1) tortious breach of implied warranty of habitability, (2) statutory breach of warranty of habitability, (3) b...

Excerpt: ...ANTED. The court vacates the orders dated December 26, 2018 and the default judgment entered on February 11, 2019. The court sets a CMC for _____________________. BACKGROUND On April 10, 2017, plaintiffs Monte Ung and Mimi Ung filed a complaint against Karen Phu for (1) fraud, (2) common count, (3) unjust enrichment, (4) negligence, (5) financial elder abuse, and (6) financial dependent adult abuse. Plaintiffs allege that in February 2017, defend...

Excerpt: ...mmary Judgment or, in the alternative, Summary Adjudication The court considered the moving, opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On March 12, 2018, Frederick Llano, Jr. trustee of the Frederick Llano Jr. Living Trust Dated 9-24- 1997 filed a complaint against Paglia & Associates Construction, Inc. dba Protech Construction for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, a...

Excerpt: ...) Motion for Order Compelling Defendant to Respond to First Set of Form Interrogatories (2) Motion for Order Compelling Defendant to Comply with First Set of Requests for Production of Documents The court considered the moving papers and untimely-filed opposition. RULING The motions are GRANTED. Defendant Subway Real Estate, LLC is ordered to serve on plaintiff verified responses without objections to plaintiff's Form Interrogatories, Set One, wi...

Excerpt: ...ion 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 A&D Plastering be and are dismissed with prejudice. Any and all present and future claims against A&D Plastering by or on behalf of joint tortfeasors or...

Excerpt: ...530052005600 00510047000300550048[ply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the First Amended Complaint and each cause of action. BACKGROUND On June 14, 2019, William Dulany Hill (self-represented) filed a First Amended Complaint against Newrez LLC dba Shellpoint Mortgage Servicing, The Bank of New York as Trustee for the Certificate Holders of CWMBS, Inc., CHL Mortgage Pass-Through Trust 2004- HYB4, Mortgage Pass-...

Excerpt: ...NG Defendant Peter Mitchell's demurrer in his individual capacity is SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 st, 2 nd, and 5 th causes of action and OVERRULED as to the 3 rd and 4 th causes of action. Defendant is ordered to file an answer within 10 days. BACKGROUND On January 11, 2019, Christopher Mitchell filed a complaint against Peter Mitchell. On April 16, 2019, plaintiff filed a First Amended Complaint for (1) unlawful eviction, (2) br...

Excerpt: ...ORITY The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843. “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the...

Excerpt: ...[ply papers. RULING The demurrer to the 1 st and 3 rd causes of action are SUSTAINED WITHOUT LEAVE TO AMEND. The demurrer to the 2 nd cause of action is OVERRULED. Cross-defendants are ordered to file their answer within ten days. BACKGROUND <0026004b00440051004a00 00510003004400510047[ Gina Younae Yoon filed a <002b004400480003002d00 0049005200550003000b[1) breach of contract, (2) open book account, (3) actual fraudulent transfer, and (4) constr...

Excerpt: ...ecords of Plaintiff or, in the Alternative, for Order Limiting Subpoenas and for Protective Order <0052005300530052005600 00510047000300550048[ply papers. RULING Accordingly, the motion is DENIED as to quashing the subpoenas and GRANTED as to modifying the subpoenas to limit the timeframe. The subpoenas are limited to the time frame of January 1, 2007 to the present. To protect plaintiff's privacy, the documents are subject to a protective order....

Excerpt: ...onsidered the moving, opposition, and reply papers. RULING The motion is DENIED as MOOT. The request for sanctions is denied. BACKGROUND On December 30, 2016, plaintiffs Robert L. Layton and Linda A. Layton filed a complaint against Thomas E. Brenner for (1) breach of contract, (2) specific performance, and (3) money had and received. Plaintiffs allege that on June 21, 2012, plaintiffs and defendant entered into a written agreement by which plain...

Excerpt: ...ly papers. RULING The motion is GRANTED. Plaintiff is ordered to file a Third Amended Complaint within five days. Plaintiff is to make the changes as proposed by County: delete reference to a 5th cause of action and delete reference to a 4 th cause of action for premises liability. The court denies plaintiff's request to add a cause of action for negligent hiring, retention, and supervision against County. Defendant County is ordered to file an a...

Excerpt: ... 00510047000300550048[ply papers. RULING The motion is GRANTED. Plaintiffs are ordered to file a Third Amended Complaint within five days. BACKGROUND On September 14, 2015, plaintiffs filed a First Amended Complaint. Plaintiffs filed a Second Amended Complaint for (1) negligence, (2) trespass, and (3) nuisance. Plaintiffs allege that they are next door neighbors to defendants. Plaintiffs allege that defendants destroyed the existing fence at the ...

Excerpt: ...tion is GRANTED in accordance with the Order for Appointment of Receiver and Requiring Reimbursements. BACKGROUND <0049004c004f0048004700 0044004c005100570003[against Thomas A. Shaw for (1) public nuisance per se, (2) public nuisance, and (3) violation of State Housing Law – Receivership. On September 5, 2019, City of Lawndale filed an amendment to complaint, designating Thomas A Shaw III as Doe 1. LEGAL AUTHORITY <0057004400570048005600 005c00...

Excerpt: ...led on August 8, 2019) <0044005300480055005600 005300520056004c0057[ion was filed. RULING The motion is GRANTED. The court deems admitted the truth of any matters specified in Gardena Senior Housing, Inc.'s Request for Admission, Set Four and CSI Support & Development Services' Request for Admissions, Set Two. Refaat Beshara is ordered to pay a monetary sanction in the amount of $410 to Gardena and CSI within 30 days. BACKGROUND Plaintiff Gardena...

Excerpt: ...dar. BACKGROUND On February 14, 2017, Jacob Dewitt filed a complaint against defendants David Joseph <0003005700550058005600 0057004b004800030015>008 Burton Family Trust for (1) ejectment, (2) trespass, (3) declaratory relief, and (4) slander of title. LEGAL AUTHORITY CCP § 473(a)(1) provides, in relevant part: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by add...

Excerpt: ...djudication of Issues The court considered the moving, opposition, and reply papers. RULING The motion for summary judgment is DENIED. The motion for summary adjudication is DENIED. BACKGROUND On October 11, 2017, plaintiff Kimiko Leitz (self-represented) filed a complaint against Arthur Natvig, D.D.S. and Pacific Dental Aesthetics for dental negligence and elder abuse. <0044000300560058004500 00510003005200490003[attorney. She is now represented...

Excerpt: ...005600 005300520056004c0057[ion was filed. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 st, 2 nd, and 4th causes of action. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND as to para. 65 and prayer at 6 for punitive damages. BACKGROUND On March 15, 2019, Jet Pro, Inc. filed a complaint against Corner of La Cienega Terminal LLC for (1) breach of written contract, (2) breach of implied covenant of good faith and fair d...

Excerpt: ...he court granted plaintiff's ex parte application to continue the hearing to September 10, 2019. RULING The demurrer is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 1 st cause of action for breach of contract, 2 nd cause of action for “loss of economic and business advantage,” and 3 rd cause of action for IIED. The motion to strike is GRANTED WITH 20 DAYS LEAVE TO AMEND. BACKGROUND On March 14, 2019, Dan Andreiu (self-represented) filed a ...

Excerpt: ..., Set One (3) Motion to Compel Further Responses to Request for Production, Set Two (4) Motion to Compel Further Responses to Request for Admissions, Set One The court considered the moving papers. No opposition was filed. RULING The motions are GRANTED. Plaintiff is ordered to serve further responses within 20 days to defendant NHT Global, Inc.'s Form Interrogatories (Set One) Nos. 1.1, 3.3, 3.4, 3.6, 3.7, 12.1-12.7, 14.1, 17.1, 50.1, and 50.2, ...

Excerpt: ...ly papers. RULING The demurrer is OVERRULED. Defendant is ordered to file an answer within five days. BACKGROUND On December 21, 2018, 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,...

Excerpt: ...ent Conference The court considered the moving papers. No opposition was filed. RULING The motion is GRANTED. Defendants are ordered to pay to plaintiff $4,833 in costs and actual expenses because of their failure to appear at the MSC. 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 allege that ...

Excerpt: ...Plaintiff is ordered to respond further to defendant's Special Interrogatory No. 1 within 20 days. Plaintiff and her attorney of record, Nissan Thomas, are ordered to pay sanctions to defendant in the amount of $1,110 within 30 days. BACKGROUND On November 20, 2018, plaintiff Kana Clark filed a complaint against John Macaray for (1) breach of contract, (2) breach of the implied warranty of habitability, (3) breach of the implied covenant of quite...

Excerpt: ...led a complaint for (1) negligence, (2) negligent hiring, supervision, training, and/or retention of employees, (3) negligence per se, (4) breach of mandatory duties, (5) IIED, and (6) NIED. Plaintiffs allege that on November 2, 2016 during lunch recess, AH was sexually harassed, battered, and molested by two male students on the school field at the middle school. LEGAL AUTHORITY “As a general matter, a defendant may obtain a physical or mental...

Excerpt: ...EAN Holdings, LLC, and Shedena Zakiyyah Hooper for negligence based on a motor vehicle accident that occurred on October 5, 2017. On May 10, 2018, plaintiff filed an amendment designating Enterprise Rent-A-Car Company of Los Angeles, LLC as Doe 1. Trial is set for February 3, 2020. DISCUSSION Plaintiff requests an order compelling the PMQ for defendant Enterprises Rent-A-Car to attend a deposition to produce documents and things, pursuant to a Re...

Excerpt: ...n, and reply papers. RULING The motion for summary judgment is GRANTED. The motion for summary adjudication is MOOT. BACKGROUND On January 6, 2017, plaintiff Luis Gomez filed a complaint against defendant City of Inglewood for (1) premises liability, (2) dangerous condition of public property, and (3) negligence. On March 9, 2017, City of Inglewood filed a cross-complaint against Trimming Land Company, Inc. for equitable indemnity, equitable cont...

Excerpt: ...THORITY California Rules of Court (“CRC”), Rule 2.550(c) states: “Unless confidentiality is required by law, court records are presumed to be open.” But a party may move to seal records pursuant to Rules 2.550- 2.551. CRC Rule 2.551(b)(1) states: “A party requesting that a record be filed under seal must file a motion or an application for an order sealing the record. The motion or application must be accompanied by a memorandum and a d...

Excerpt: ...ANTED. The court ORDERS that Exh. 1 (Receivable Management Services Agreement dated May 5, 2015) of defendant's Request for Judicial Notice in Support of Demurrer, filed on July 2, 2019, is sealed. At this time, no other records relating to this case are to be sealed. No person other than the court is authorized to inspect the sealed records. CRC Rule 2.551(e)(2), (3). The court directs the court clerk to comply with the requirements and procedur...

Excerpt: ...RULING The motion is DENIED. BACKGROUND On September 29, 2017, plaintiff Adam Krohn filed a complaint against defendants Jill David, Todd Mozden, Vince Caso, Liza Caso, and Norma Sarao, M.D. for conversion, violation of Penal Code §496, intentional infliction of emotional distress, violation of Civil Code §1954, breach of implied covenant of quiet enjoyment, breach of implied covenant of good faith and fair dealing, violation of Civil Code §19...

Excerpt: ..., and reply papers. RULING The motion is DENIED WITHOUT PREJUDICE. BACKGROUND On November 3, 2016, plaintiffs Alexis Fernandez and Evelyn Fernandez filed a Complaint against Government Employees Insurance Company (“Geico”), Toyota Motor Corporation, Toyota Motor Sales, U.S.A., Inc., Samuel Kim, and Cindy B. Kim based on a motor vehicle accident that occurred on July 5, 2015. On March 8, 2017, plaintiffs filed a FAC. On November 2, 2017, plain...

Excerpt: ...ative relief is GRANTED. The court sets aside and vacates the default and default judgment against “Shera, Inc., a Nevada Corporation” entered on January 17, 2019 and February 22, 2019, respectively. Plaintiffs are given leave to file an amended complaint. The court sets an OSC re filing of amended complaint, service, and entry of default, or responsive pleading on December 13, 2019, at 8:30 a.m. BACKGROUND On January 24, 2018, plaintiffs fil...

Excerpt: ...and plaintiffs' joinder. 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 Samuel Kim and Cindy B. Kim be and are dismissed with prejudice. Any and all present and future claims against Sa...

Excerpt: ...rey Anhood, as trustee Responding Party: Defendant Gregory Robert Keese opposed on 8/2/2019 Ruling: The motion for summary adjudication on Plaintiff's First Amended Complaint is GRANTED as to the 1 st, 2 nd, 3 rd, and 4 th causes of action, and is GRANTED as to the 1 st, 2 nd, 3rd, and 5 th requests of Plaintiff's claim for declaratory relief. The motion for summary adjudication on Defendant's Cross-Complaint is DENIED. ALLEGATIONS OF THE COMPLAI...

Excerpt: ...08/05/2019 Reply: Plaintiffs replied on 08/12/2019 Ruling: GRANT, Reduced Sanctions of $2,761.65 ALLEGATIONS IN THE COMPLAINT Plaintiffs allege the following. Defendant Wyatt Davidson was an employee of defendant Torrance Unified School District, hired as an assistant coach for the girls' track team. Defendant Wyatt Davidson engaged in an intimate physical and sexual relationship with plaintiff Jane Doe from March 9, 2017 through April 28, 2017. ...

Excerpt: ...anctions The court considered the motion and opposition. RULING The motion is DENIED. BACKGROUND On July 26, 2016, plaintiff Arturo Lopez (“Plaintiff”) filed his initial complaint against defendants Wedgewood, Inc., Maxim properties Inc., and Niseko Real Estate 2015, LLC (collectively “Defendants”) and Martin Capuchino Sanches for general negligence and premises liability. On November 20, 2017, Plaintiff filed his First Amended Complaint ...

Excerpt: ...ition to ex parte application for temporary restraining order as the opposition to this motion. BACKGROUND On April 25, 2018, Plaintiff Shah Khan filed a lawsuit against his brother Defendant Mahbubur Rahman, and others, arising out of a real property transaction where Defendant agreed to help Plaintiff purchased property and then transfer title to Plaintiff once Plaintiff repaid the loan given by Defendant. After Plaintiff fully repaid the loan,...

Excerpt: ...ply papers. RULING Defendants' motion to compel arbitration and stay action pending completion of arbitration is GRANTED. BACKGROUND On March 20, 2019, Plaintiff John Jackson (“Plaintiff”) filed a complaint against Defendants Swissport USA, Inc. (“Swissport USA”), Swissport SA, LLC (“Swissport SA”), and Sergio Nunez (“Nunez”) for racial discrimination, retaliation, harassment, and failure to take steps necessary to prevent discrim...

Excerpt: ...1) Demurrer to First Amended Cross-Complaint (2) Motion to Strike Portions of First Amended Cross-Complaint The court considered the moving, opposition, and reply papers. RULING The demurrer is OVERRULED as to the 3 rd and 4 th causes of action and SUSTAINED WITHOUT LEAVE TO AMEND as to the 2 nd cause of action. The motion to strike is GRANTED WITH LEAVE TO AMEND as to portions 4 and 5, which relate to attorneys' fees, and is GRANTED WITHOUT LEAV...

Excerpt: ...NIED WITHOUT PREJUDICE. BACKGROUND On January 24, 2018, Plaintiffs filed a complaint against Defendants Shera, Inc., a Nevada Corporation, doing business as “Purrfect Auto Service” (“Shera – Nevada”) and Khen Newz (“Newz”) for breach of contract, negligence, and conversion. On February 22, 2019, the Court entered a Default Judgment against Shera – Nevada and Newz in the amount of $316,776.23. DISCUSSION Plaintiffs move for an orde...

Excerpt: ...ply papers. RULING Defendants' motion to compel arbitration and stay action pending completion of arbitration is GRANTED. BACKGROUND On March 20, 2019, Plaintiff John Jackson (“Plaintiff”) filed a complaint against Defendants Swissport USA, Inc. (“Swissport USA”), Swissport SA, LLC (“Swissport SA”), and Sergio Nunez (“Nunez”) for racial discrimination, retaliation, harassment, and failure to take steps necessary to prevent discrim...

Excerpt: ...pposition, and reply papers. RULING The motion is GRANTED. Anil Mehta is ordered to appear for deposition and to produce documents in response to the request for documents contained in the deposition notice at a mutually agreeable place and on a mutually agreeable date and time. DISCUSSION Plaintiff requests an order compelling the deposition of Anil Mehta and the production of documents and things at deposition. CCP §2025.450(a) provides: “If...

Excerpt: ...t awards attorney's fees in the amount of $21,020 in favor of plaintiff Lomita Plaza, LLC and against defendants Sung Jin Choi and Dong Hee Yi. BACKGROUND On January 4, 2018, plaintiff Lomita Plaza, LLC filed a complaint against Sung Jin Choi and Dong Hee Yi for breach of written lease. In the complaint, plaintiff alleges that on April 1, 2007, plaintiff, as lessor, and Hoon Kim, as lessee, entered into a written Shopping Center Lease, pursuant t...

Excerpt: ...he court considered the moving, opposition, and reply papers. The court also considered the supplemental briefs. The hearing was continued from July 12, 2019. RULING The motion is GRANTED. Defendant Agust Agustsson is allowed to withdraw $92,589 from the blocked account. BACKGROUND On September 22, 2017, plaintiffs Tomas Agustsson, ind. and as membership holder derivatively on behalf of 34000 Figueroa Partners LLC, Takako Agustsson, ind. and as s...

Excerpt: ...nt requests that the court quash the deposition subpoena to David Smith and for a protective order. CCP § 1987.1(a) states, “[i]f a subpoena requires the attendance of a witness or the production of books, documents, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving ...

Excerpt: ...G The motion is DENIED. LEGAL AUTHORITY California Rules of Court (“CRC”), Rule 2.550(c) states: “Unless confidentiality is required by law, court records are presumed to be open.” But a party may move to seal records pursuant to Rules 2.550- 2.551. CRC Rule 2.551(b)(1) states: “A party requesting that a record be filed under seal must file a motion or an application for an order sealing the record. The motion or application must be acc...

Excerpt: ..., 2018, plaintiff Eve Shatkin filed a complaint against Alan Marvin Wood, ind. and as trustee of The Alan Wood Revocable Trust, and Wells Fargo Bank, N.A. On August 15, 2018, plaintiff filed a First Amended Complaint for (1) quiet title and adverse possession, (2) partition of real property by sale, (3) accounting, (4) violation of Civil Code §2223, (5) violation of Civil Code §2224, (6) negligence, (7) breach of fiduciary duty, and (8) promiss...

Excerpt: ...urt also considered oral argument. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 st and 2 nd causes of action and SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 3 rd cause of action. 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) and (2) declaratory relief, (3) breach of contract, (4) damages for breach of fiduciary duti...

Excerpt: ...ocuments The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. The court ORDERS that Gloria Ramos appear for her deposition within the next 20 days, at a mutually agreeable place and on a mutually agreeable date and time, and to produce responsive documents. BACKGROUND On October 19, 2018, plaintiff Raquel Palafox filed a complaint against defendant Centinela Valley Union High School District for Gov. Code v...

Excerpt: ...orth America Corp. Motion for Summary Judgment or, alternatively, for Summary Adjudication The court considered the moving, opposition, and reply papers. The redacted papers were filed. The unredacted papers were lodged, pending Chevron's motions to seal. 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 Ser...

Excerpt: ...tal declaration filed on July 12, 2019 and supplemental opposition filed on July 19, 2019. A hearing was held on June 28, 2019, and the court issued a tentative ruling. The court declined to adopt the tentative ruling and continued the hearing to July 26, 2019, to allow defense counsel to file an additional declaration re competent evidence of fees accrued. RULING The motion is GRANTED. The court awards attorney's fees in the amount of $191,619.4...

Excerpt: ...The court considered the moving, opposition, and reply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 st and 2 nd causes of action. The motion to strike is MOOT. BACKGROUND On June 28, 2018, plaintiff Hennessey's Tavern, Inc. filed a complaint against Nils Nehrenheim for (a) trespass to property and (2) conversion, trespass, and destruction of personal property. Plaintiff alleges that this lawsuit arises out of the im...

Excerpt: ...LP Responding Party: (1) MSA: Defendants Landmark Dividend, LLC and Landmark Infrastructure Partners LP (2) MSJ: Plaintiff Peter Kleinberg (1) Plaintiff's Motion for Summary Adjudication (2) Defendants' Motion for Summary Judgment/Adjudication The court considered the moving, opposition, and reply papers. RULING (1) Plaintiff's Motion for Summary Adjudication is granted as to the eighth cause of action and denied as to the first and seventh cause...

Excerpt: ...ndustrial Services' Motion for Summary Judgment The court considered the moving papers. RULING The motion is GRANTED. The court ORDERS the following documents that were lodged conditionally under seal in support of plaintiff's response to Veolia Es Industrial Services' Motion for Summary Judgment filed this date and sealed: 1. The lodged response of plaintiff to Veolia's Motion for Summary Judgment or, alternatively, Summary Adjudication. 2. The ...

Excerpt: ...ry Judgment or, in the alternative, Summary Adjudication The court considered the moving papers. RULING The motion is GRANTED. The court ORDERS that the unredacted version of Exhibit D (Torrance Police Records) attached to plaintiffs' Notice to Lodge in support of their opposition to defendant's motion for summary judgment or, in the alternative, summary adjudication, be filed this date and sealed. At this time, no other records relating to this ...

Excerpt: ...g, opposition, and reply papers. RULING The motion is GRANTED. The Second Amended Complaint filed on May 10, 2019 is STRICKEN. Plaintiff is ordered to file a SAC within five days. BACKGROUND On March 1, 2017, plaintiff Maria Dodos, as an individual and as trustee of the Maria Dodos 2014 Trust (self-represented) filed a complaint against Chuck and Jackie Weismann for (1) breach of written contract, (2) breach of oral contract, (3) negligence, (4) ...

Excerpt: ...Defendant Peter Mitchell's demurrer in his individual capacity is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 1 st through 6 thcauses of action. Defendant Mitchell's demurrer in his capacity as trustee to the 4 th cause of action is SUSTAINED WITHOUT LEAVE TO AMEND. BACKGROUND On January 11, 2019, Christopher Mitchell filed a complaint against Peter Mitchell. On April 16, 2019, plaintiff filed a First Amended Complaint for (1) unlawful evicti...

Excerpt: ...-complaint within five days. BACKGROUND On July 5, 2018, David Hendricks filed a complaint against James Hayes, Hertz Vehicles, LLC, and The Hertz Corporation for motor vehicle negligence and negligence based on an incident that occurred on November 12, 2017. On September 17, 2018, plaintiff filed amendments designating ABM Industries Incorporated as Doe 1, GCA Services Group, Inc. as Doe 2, and GCA Services Group of California, Inc. as Doe 3. On...

Excerpt: ...pposition or reply documents were filed. RULING Defendant Groundtech Inc.'s unopposed motion to quash is DENIED. Defendant's unopposed motion for a protective order is GRANTED IN PART. The depositions are limited to questions and production of documents relating to the subject rental equipment, use of the subject rental equipment, and the locations of the jobs where the equipment was used or is currently in use. Defendant's unopposed request for ...

Excerpt: ... Set Two The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. The court orders plaintiff to respond further to Request for Admission, Set One, No. 13 in compliance with CCP §2033.220 and Form Interrogatory, Set Two, No. 17.1. 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 fi...

Excerpt: ... reply papers. RULING Defendant Thomas J. Brenner's motion for continuance of trial and pretrial dates is granted. BACKGROUND On December 30, 2016, Plaintiff Robert L. Layton and Linda A. Layton (collectively “Plaintiffs”) filed a complaint against Defendant Thomas J. Brenner (“Defendant”) alleging that on or about June 21, 2012, Plaintiffs and Defendant entered into a written agreement by which Plaintiffs agreed to save Defendant's prope...

Excerpt: ...ling:Defendants' Motion for Summary Adjudication is GRANTED as to Plaintiff's causes of action for Public Disclosure of Private Facts and for Nuisance, and DENIED as to Plaintiff's cause of action for Intrusion into Private Affairs. BACKGROUND This action arises from allegations that Defendants, owners of property adjacent to Plaintiff's property, installed a surveillance camera pointed at Plaintiff's backdoor, to then release the footage to thir...

Excerpt: ... did not file an opposition or reply papers. RULING The motion is granted as modified. BACKGROUND This is a breach of contract case arising out of a dispute over a Medicare surety bond that Plaintiff SureTec Insurance Company (“Plaintiff”) issued to Fay Medical Supply and an indemnification agreement executed by Defendants Mondesola Akinbi, Felix Akinbi, and Fay Medical Supply (collectively “Defendants”). On July 7, 2017, Plaintiff filed ...

Excerpt: ...emurrer is OVERRULED as to the 4 th and 5 th causes of action and SUSTAINED WITH LEAVE TO AMEND as to the 1 st, 2 nd, and 6 thcauses of action in the complaint. The motion to strike is GRANTED WITH LEAVE TO AMEND. BACKGROUND This is a habitability action brought by Plaintiff-tenant Devona Hancock against Defendants-landlords Cory Laboy and Gadera Property Management, Inc. The complaint has causes of action for: (1) breach of warranty of habitabil...

Excerpt: ...gment is DENIED Defendant's Motion for Summary Adjudication is GRANTED as to Plaintiff's claims for Negligent Hiring, Intentional Infliction of Emotional Distress and claim for Negligent Failure to Warn, Train, or Educate, and DENIED as to all other claims. BACKGROUND On October 10, 2017, plaintiffs filed their initial Complaint. Plaintiff Jane RR Doe, a student at North Torrance High School, was molested by an assistant wrestling coach, Matthew ...

Excerpt: ...s DENIED. BACKGROUND On March 7, 2017, Plaintiffs Daniel Maniaci and Eric Maniaci filed a complaint against Defendant Helge K. Bergan (“Bergan”), asserting causes of action for declaratory judgment, breach of oral, implied, and written contracts, and accounting. On April 13, 2017, Bergan filed a cross-complaint against Daniel Maniaci (“Maniaci”), asserting causes of action for breach of contract, breach of the implied covenant of good fai...

Excerpt: ...ered the moving, opposition, and reply papers. RULING <004c005200510003005700 004c0047004800550003[the court's order compelling arbitration is denied. BACKGROUND <0051000300370055005200 000b00b30053004f0044[intiff”) filed a complaint against Pacific Maritime Freight, Inc., dba Pacific Tugboat Service, Jim Williams, Space Exploration Technologies Corp., dba Space X, National Response Corporation, and Marmac LLC for negligence under 33 USC 905(B)...

Excerpt: ...reply papers. RULING The motion is GRANTED. The court awards attorney's fees in the amount of $200,282.02 and costs in the amount of $29,345.97. BACKGROUND On December 17, 2015, plaintiff Edward Yoon filed a complaint against CAM IX Trust and BSI Financial Services, Inc. Plaintiff filed a First Amended Complaint for (1) violation of Civil Code §2924.11, (2) promissory estoppel, (3) negligence, (4) violation of Bus. and Prof. Code §17200, (5) fr...

Excerpt: ...ANTED. BACKGROUND This action for premises liability and general negligence arises from Plaintiff's allegations that while she was employed as a teacher at La Tijera K-8 Academy of Excellence Charter School in Inglewood, California, Plaintiff suffered harm from inhaling fumes and gas present in a classroom. Plaintiff brought claims against Defendants Turner Construction Company and The Bakewell Company of California alleging that they had a duty ...

Excerpt: ...oring, Inc Responding Party: Cross-Complainants Western Construction Auctions, Inc. and Ken Ramstad Ruling: The Court considered the moving papers, opposition, and reply. The demurrer is SUSTAINED without leave to amend as to the 1 st cause of action. The demurrer is SUSTAINED without leave to amend as to Ramstad's 2 nd cause of action against Cross-Defendants, and as to WCA's 2 nd cause of action against individual Cross-Defendants Agust and Saa...

Excerpt: ... Set One; (2) Motion for an Order Compelling Defendant David Nunez to Allow an Inspection of His Books, Records, Financial Records and Electronic Files (Quickbook) as Requested in Plaintiff's First Demand for Inspection of Property. The Court considered the moving, opposition, and reply papers. RULING Plaintiff's Motion for an Order Compelling Defendant David Nunez to Provide a Verified Response to Plaintiff's Request for Documents, Set One is GR...

Excerpt: ...RRULED as to the first, second, third, fourth, and fifth causes of action, and SUSTAINED WITH LEAVE TO AMEND as to the sixth cause of action. BACKGROUND On January 14, 2019, Plaintiff Courtney Hayes (“Plaintiff”) filed a complaint against Defendants SEIU Local 2015 (“Defendant”), Fermin Vasquez (“Vasquez”), Cesar Sanchez (“Sanchez”), Pablo Reyes (“Reyes”), and Does 1-100 for (1) violation of Ralph Act, Cal. Civ. Code § 51.7; ...

Excerpt: .... Plaintiff is ordered to submit a proposed judgment forthwith. BACKGROUND On January 4, 2018, plaintiff Lomita Plaza, LLC filed a complaint against Sung Jin Choi and Dong Hee Yi for breach of written lease. LEGAL AUTHORITY The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact nec...

Excerpt: .... RULING The motion is GRANTED IN PART and DENIED IN PART. As to the subpoena to Verizon, the time period is narrowed to March 1, 2016 to August 17, 2018. The subpoena is limited to the following phone numbers: As to the subpoena to Bay Club, the subpoena is narrowed to March 1, 2016 to August 17, 2018. BACKGROUND On October 1, 2018, plaintiff Kathleen Ruiz filed a complaint against Marymount California University, Lucas Mamadrid, and Brian Marco...

Excerpt: ...GRANTED as to the March 13, 2019 order deeming the truth of the matters in Act Mediation's Requests for Admission, Set One. The motion is DENIED as to the March 13 order regarding monetary sanctions. BACKGROUND <002c005100460011000300 00460055005200560056[-complaint against Richard Robinson in response to small claims case no. 181WSC00895 [Richard Robinson v. Nikki Tolt, et al.] for (1) declaratory relief – res judicata, (2) declaratory relief ...

Excerpt: ...o Request for Production of Documents (Set No. 5) (3) Motion to Compel Attendance at Depositions Properly Noticed The court considered the moving, opposition, and reply papers. RULING The motions are GRANTED. Defendants are ordered to serve further responses to plaintiff's Special Interrogatory No. 165 in Special Interrogatories (Set No. 5), within ten days. Defendants are ordered to serve further responses to plaintiff's Request for Production o...