Excerpt: ...rpose of allowing plaintiffs to depose Steven Foutz, M.D. and Angela Margolis and to obtain the medical records from Optimal Health of Southern Oregon. BACKGROUND On May 16, 2019, the court continued the trial to August 21, 2019 but not as to the discovery cut-off date. LEGAL AUTHORITY CCP § 2024.050 states: “(a) On motion of any party, the court may grant leave to reopen discovery after a new trial date has been set. This motion shall be acco...

Excerpt: ...t considered the moving, opposition, and reply papers. The papers were filed under seal. RULING The motion for summary judgment is GRANTED. The motion for summary adjudication is MOOT. BACKGROUND <004e0052005a0056004e00 00440003004600520050[plaint against Veolia Industrial Services, Inc., Veolia North America, LLC, and Veolia Water Technologies, Inc. for negligence and gross negligence. <0052005900480047000300 0058004f00440057004c[on for protecti...

Excerpt: ...rom Defendant Toyota Motor Corporation The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. Defendant Toyota is ordered to serve further responses within 45 days to plaintiff's Special Interrogatories Nos. 91-96. Defendant is ordered to further respond and to produce documents within 45 days in response to Requests for Production Nos. 1, 13, 17, 20-23, and 25. Defendant is also ordered to further respond an...

Excerpt: ...s SUSTAINED WITHOUT LEAVE TO AMEND as to the 4 th and 5th causes of action in the FAC. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND. The court STRIKES para. 59 and prayer at para. 7 for “punitive and exemplary damages.” 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 (1) medical negligence, (2) lack of infor...

Excerpt: ... court considered the moving, opposition, supplemental opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On January 9, 2017, plaintiff Norah Debellis and Eric Debellis filed a complaint against defendants City of Torrance and La Terrazza Homeowners Association (“La Terrazza”) for premises liability, dangerous condition of public property, and loss of consortium based on a trip and fall on a sidewalk on October 29, 2015. On...

Excerpt: ...urrer is OVERRULED as to the 5 rd cause of action for breach of contract and SUSTAINED WITHOUT LEAVE TO AMEND as to the 3 rd cause of action for negligence, 6th cause of action for unfair business practices, and “6 th” cause of action for breach of covenant of good faith and fair dealing. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND. BACKGROUND On December 20, 2018, Nicole A. Seruto filed a complaint against Autonation Infiniti Sout...

Excerpt: ...2) Motion to Compel Defendant Stefani to Further Answer Special Interrogatories, Set 8 (3) Motion to Compel Defendant Stefani to Further Answer Supplemental Interrogatories, Set 1 (4) Motion to Compel Defendant Stefani to Further Answer Demand for Production of Documents, Set 2, for Production of Documents, and/or for Termination, Evidence, and Monetary Sanctions; and for Trial Continuance to Allow for Completion of Discovery (5) Motion to Compel...

Excerpt: ...murrer is OVERRULED as to the 1 st, 2 nd, and 3 rd causes 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 duties, and (5) conversion of corporate ownership interest. LEGAL AUTHORITY When considering demurrers, courts read the allegations liberally...

Excerpt: ...ion, 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, 5 th, 6 th, 7 th, and 8 th causes of action. The motion to strike is DENIED. BACKGROUND On March 30, 2017, plaintiff Muhammad L. Khan filed a complaint against Pennymac Corp., et al. On December 13, 2017, plaintiffs Muhammad L. Khan, Farida Khanum as trustee of the Kahnum Family Trust, and Kappa Business Mana...

Excerpt: ...moving, opposition, and reply papers. RULING The motion is GRANTED. Plaintiff is ordered to file a Second Amended Complaint within five days. BACKGROUND On June 12, 2017, plaintiff Ani Pytlewski filed a complaint against defendants Hangar 18 Indoor Climbing Gym, LLC and Hangar 18 South Bay, Inc. On April 23, 2018, plaintiff filed a First Amended Complaint for (1) negligence, (2) premises liability, (3) breach of express warranty, (4) breach of im...

Excerpt: ...rporation's Motion for Summary Judgment or, Alternatively, for Summary Adjudication 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 Nooter's Motion for Summary Judgment or, Alternatively, for Summary Adjudication filed this date and sealed: 1. The lodged declaration of Lorin M. Herzfeldt, Esq. 2. The lodged declaration of Raymond...

Excerpt: ...Colmey Responding Party: (1) Plaintiff Kathryn Colmey <000300030003000b001500 00440051005700030033[rovidence Health System (1) Motion for Protective Order (2) Motion to Compel Lawful Responses and Production of Documents at the Production of the PMK of Providence Health System The court considered the moving, opposition, and reply papers. RULING The court after considering the oral argument of counsel, the above motions were continued to 05-30-20...

Excerpt: ...DAYS LEAVE TO AMEND. BACKGROUND <0051004400030035005200 004c004f004800470003[a complaint against Loving Hearts Private Care, Inc. (“LHPC”) and Annetta Sparks for violations of FEHA, retaliation in violation of public policy, violations of the Labor Code, IIED, and negligence. Plaintiff alleges that on May 4, 2017, plaintiff reported suspected sexual abuse of a certain patient (“Patient 1”) by her nephew to her direct supervisor, defendant...

Excerpt: ...eply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 st through 4th causes of action as to RTED America, LLC and Special Default Services, Inc. BACKGROUND On November 6, 2018, the court granted Special Default Services' (“SDS”) motion for summary judgment. As to RTED's motion for summary judgment or, alternatively, summary adjudication, the court granted the motion as to the 1 st, 2 nd, and 7 th causes of action. A...

Excerpt: ...gh 4 th causes of action in the complaint is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. BACKGROUND On March 28, 2018, plaintiffs Elisabeth Anne Pohle and Robert Waxman filed a complaint against John Wasko, June Wasko, Michelle R. Dennis, ind. and as trustees of the Wasko Family Trust for (1) negligence, (2) premises liability, (3) breach of warranty of habitability, and (4) breach of statutory warranty. On September 11, 2018, plaintiffs filed an amen...

Excerpt: ...E The court considered the moving, opposition, and reply papers. RULING The motion for leave to conduct orthopedic examinations is GRANTED. The court ORDERS plaintiff Alejandro Silva to submit to orthopedic examinations with Stephen Milkulak, M.D., whose specialty is orthopedic tibia/fibula surgery, and Michael P. Weinstein, M.D, whose specialty is orthopedic spinal surgery, at California Orthopedic Specialists, 360 San Miguel Drive, Suite 701, N...

Excerpt: ... MOOT. The court orders that defendant and defendant's attorney of record Jay S. Fleischman pay to plaintiff a monetary sanction in the amount of $1,060 within 30 days. BACKGROUND On July 31, 2018, Kingdom of Sweden, on behalf of The Swedish Board of Student Finance, filed a complaint against Yamana Jani seeking to collect amounts owing for unpaid student loans to the U.S. dollar equivalent of $69,505. LEGAL AUTHORITY CCP §2030.300 states: “(a...

Excerpt: ...motion is GRANTED to allow an arbitrator to determine the arbitrability of plaintiff's claims against SpaceX. BACKGROUND On July 31, 2018, Steven Trollinger 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) and general maritime law based on an incident that occurred ...

Excerpt: ...efendant is ordered to file an answer within five days. BACKGROUND <0003002400110003002800 0049004c004f00480047[ a complaint against Darryl Leander Hicks, Tung Ming, Caltrans, County of Los Angeles, City of Torrance, and Shawnan for wrongful death – negligence, negligence per se, and dangerous condition of public property based on the death of her 16-year old son in a vehicle accident. On October 16, 2018, plaintiff filed a FAC. LEGAL AUTHORITY...

Excerpt: ...e moving papers. No opposition was filed. RULING The motion is GRANTED. The court orders that trial is continued from June 18, 2019, to December 3, 2019, at 8:30 a.m., in Department B. The Final Status Conference is continued from June 11, 2019, to November 19, 2019, at 8:30 a.m., in Department B. Discovery cut-off (including expert witness exchange) and motion cut-off dates shall be based on the new trial date. BACKGROUND On January 13, 2017, Al...

Excerpt: ... to Compel Physical Examination of Each Plaintiff The court considered the moving, opposition, and reply papers. RULING The motion to compel plaintiffs Juli Keene and Emerald Padgett's physical examinations is GRANTED. Plaintiffs shall each submit to a physical examination by Dr. Jonathan Corren, M.D., at 10780 Santa Monica Blvd., Suite 280, Los Angeles, CA 90025, on May 28, 2019, at 1:30 p.m., and continuing so long as reasonably required. Both ...

Excerpt: ...o Compel the Deposition of Officer Jason Smith The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. The court ORDERS that Officer Jason Smith appear for his deposition within the next 30 days, at a mutually agreeable place and on a mutually agreeable date and time. BACKGROUND <0051000300300044005500 000f0003004c00510047[. and as successor-in-interest to decedent Evalyn Shirley Drake filed a complaint agains...

Excerpt: ...papers. RULING The motion is DENIED. BACKGROUND On September 12, 2016, plaintiffs Jackie Robinson and Mozella Robinson filed a complaint against Digestive Care Consultants, Dr. Hool, Dr. Chung, Timothy T. Tran, M.D., and Neil H. Bhayani, M.D. for professional negligence, NIED (bystander victim and direct victim), and loss of consortium. On October 25, 2018, the court denied Dr. Bhayani's motion for summary judgment, finding that there was a triab...

Excerpt: ...on 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 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 Torrance Memorial Medical Center for negligence based on a trip and...

Excerpt: ...s from Todd Gravori M.D. (2) Motion for Protective Order and/or to Quash Subpoena for Private and Privileged Medical Records from Brian Rudin M.D. (3) Motion for Protective Order and/or to Quash Subpoena for Private and Privileged Medical Records from Landmark Imaging Surgery Center (4) Motion for Protective Order and/or to Quash Subpoena for Private and Privileged Medical Records from Medical Specialty Managers (5) Motion to Quash Subpoenas for ...

Excerpt: ...NTED WITHOUT LEAVE TO AMEND as to the 3 rd cause of action for fraudulent misrepresentation in the cross-complaint. BACKGROUND On March 7, 2017, Daniel Maniaci and Eric Maniaci filed a complaint against Helge K. Bergan for (1) declaratory judgment, (2) breach of oral, implied, and written contracts, and (3) an accounting. On April 13, 2017, Helge K. Bergan filed a cross-complaint against Daniel Maniaci for (1) breach of contract, (2) breach of im...

Excerpt: ...ING The motion is GRANTED. The court orders attached the amount of $181,822. BACKGROUND On November 5, 2018, plaintiff Calpak USA, Inc. filed a complaint against defendant Romeo Systems, Inc. for (1) breach of contract, (2) breach of covenant of good faith and faire dealing, (3) unjust enrichment, (4) fraud, and (5) violation of Bus. and Prof. Code §17200. Plaintiff alleges that this is an action for defendant's intentional failure to make payme...

Excerpt: ...ing, opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On March 16, 2017, Andrew Welch filed a complaint against Jeffrey Christopher Chaney, Rockland Commercial, Inc., Rockland Realty Services, and Beach Guys Development LLC for (1) fraud and deceit, (2) intentional nondisclosure of material facts, (3) breach of fiduciary duty, (4) constructive fraud, (5) dissolution of the LLC, (6) accounting, (7) declaratory relief, (8) quie...

Excerpt: ...e Subpoenas The court considered the moving and opposition papers. RULING The motion is DENIED. Parties are to meet and confer to submit a proposed protective order forthwith. BACKGROUND <0053004b00480055000300 004c004f004800470003[a complaint against Tower Market and Tower Energy Group for premises liability and general negligence based on a slip and fall incident on a liquid substance on July 4, 2015. On September 25, 2017, plaintiff filed an a...

Excerpt: ... papers. No opposition was filed. RULING The motion for summary judgment is GRANTED. BACKGROUND On March 19, 2019, plaintiff Corner of La Cienega Terminal LLC filed an unlawful detainer complaint against Jet Pro, Inc. based on a 30-day notice to quit. On March 27, 2019, plaintiff filed a First Amended Complaint. LEGAL AUTHORITY The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut thr...

Excerpt: ...Motion for Protective Order Re: 246 Special Interrogatories, Set Four (3) Motion for Protective Order Re: 252 Request for Production, Set Two (4) Motion for Protective Order Re: 349 Request for Production, Set Three The court considered the moving, untimely opposition, and reply papers. On April 5, 2019, the hearing was continued to allow the parties to meet and confer to limit the number of interrogatories and requests. The court also considered...

Excerpt: ...d Faith Settlement Pursuant to CCP §877.6 The court considered the moving and opposition papers and supplemental declaration. The hearing was continued from April 19, 2019 to allow moving party to file a supplemental declaration as to the allocation of the settlement funds among plaintiffs. RULING The motion is GRANTED. Any other joint tortfeasor is barred from any further claims against settling tortfeasor Charmin' Nails, Inc. for equitable com...

Excerpt: ...rnative, to Vacate the Award The court considered the moving papers, opposition, and reply. RULING The petition is DENIED. BACKGROUND <0014001c000f0003005300 00550003002b00520052[man M. Nissani filed a petition against LAX Petroleum, LLC to confirm the final arbitration award. In 19TRCP00028, on January 24, 2019, petitioner LAX Petroleum, LLC filed a petition against Hooman M. Nissani to clarify and enforce the terms of a contractual arbitration ...

Excerpt: ...d the moving, opposition, and reply papers. RULING The motion is GRANTED IN PART and DENIED IN PART. As to the subpoena to Verizon, defendants are to prepare a list of phone numbers and names from whom they seek communications. Further, the time period is narrowed to March 2016, the month Lamadrid started at MCU, to the date plaintiff was placed on administrative leave. As to the subpoena to Bay Club, the subpoena is narrowed to March 2016 to the...

Excerpt: ...UT LEAVE TO AMEND as to the 1 st through 4th causes of action. BACKGROUND On October 18, 2018, on RTED's motion for summary judgment or, alternatively, summary adjudication, the court granted the motion as to the 1 st, 2 nd, and 7 th causes of action. As to the remaining causes of action, the court denied summary adjudication, and converted the motion into a motion for judgment on the pleadings and dismissed the 3 rd, 4 th, 5 th, and 6 th causes ...

Excerpt: ...Pending Action of Minor The court considered the moving papers and the probate department's review of the proposed special needs trust. RULING The court is inclined to grant petitioner's Petition to Approve Compromise of Pending Action on behalf of minor claimant Tilly Dula-Rose and to approve the special needs trust. Pursuant to California Rules of Court, Rule 7.952(a), petitioner and claimant are required to attend the hearing on the petition b...

Excerpt: ... and reply papers and supplemental briefs. RULING The motion is DENIED. BACKGROUND On December 15, 2017, plaintiff Cross Creek Village Homeowners Association filed a complaint against Alexander Cvetkovich for breach of contract, breach of CC&Rs and Rules, nuisance, and fraud. On March 6, 2019, the court denied defendant's motion for leave to file a cross- complaint. Defendant had sought to file a cross-complaint against ten defendants alleging 12...

Excerpt: ...omplaint The court considered the moving, opposition, and reply papers. RULING The demurrer is OVERRULED as to the 4 th cause of action and SUSTAINED WITHOUT LEAVE TO AMEND as to the 5 thand 9 th causes of action. The motion to strike is GRANTED in part and DENIED in part as stated below. Defendants are ordered to file an answer within ten days. BACKGROUND <0048004f00030028004700 00470003003600580056[an Edwards filed a complaint against defendant...

Excerpt: ...urt considered the moving and opposition papers. RULING The motion to quash is DENIED. BACKGROUND On February 20, 2019, AFC Cal, LLC filed a complaint against defendants Jordan Auto, LLC, Jordan Auto, LLC, dba Jordan Auto, and Ramadan Am Alafghani for breach of written contract, breach of written guaranty, possession of personal property, conversion, injunctive relief, and common count. Plaintiff allege that on December 13, 2014, Jordan Auto deli...

Excerpt: ... moving, opposition, and reply papers. RULING The motion is DENIED WITHOUT PREJUDICE. BACKGROUND On January 19, 2017, Cynthia Reese and James V. Reese, Jr., ind. and as the surviving heirs and successors in interest of decedent, Coen Jameson Reese and Estate of Coen Jameson Reese, filed a complaint against Jaime Alberto Cornejo, J.A.C. Trucking, LLC, and J A C Trucking LLC for negligence – wrongful death, survival action, and punitive damages. ...

Excerpt: ...t considered the moving papers and plaintiffs' notice of non-opposition. RULING The motion is GRANTED. Defendant is ordered to lodge a proposed judgment. BACKGROUND <0036005800560044005100 0003002700440059004c[d Rosak, Ken Rosak, and Michael Rosak filed a First Amended Complaint against Providence Little Company of Mary Medical Center – Torrance and Amar Nawathe, M.D. for medical malpractice, loss of consortium, and NIED. On August 21, 2017, pl...

Excerpt: ...ered the moving, opposition, and reply papers. RULING The motion compel mental examinations of Plaintiffs Juli Keene and Emerald Padgett is GRANTED. The time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the person or persons who will perform the examination, will be in accordance with Defendants' motion and this order. BACKGROUND Plaintiffs Juli Keene and Emerald Padgett, ...

Excerpt: ...nt Pursuant to CCP §877.6 The court considered the moving and opposition papers. RULING The motion is CONTINUED to May 9, 2019, at 8:30 a.m. to allow moving party to file a supplemental declaration as to the allocation of the settlement funds among plaintiffs. The supplemental declaration is to be filed by May 6, 2019. BACKGROUND On September 30, 2016, plaintiffs Morgan Boesen, by and through her guardian ad litem, Cammie Boesen, and Griselda Le...

Excerpt: ... Judgment, Summary Adjudication, or Both The court considered the moving papers and opposition. No reply has been received. RULING The motion for summary judgment is DENIED. The motion for summary adjudication is DENIED. BACKGROUND On December 6, 2017, plaintiffs William Rhambo and Jessica Opal (“plaintiffs”) filed a complaint against defendants Tabor Palms Apartments, LLC and Custom Design Fur Corporation dba laapartments.biz (“defendants�...

Excerpt: ...court considered the moving, opposition, and reply papers. BACKGROUND On September 29, 2017, Plaintiff Adam Krohn (“Krohn”) filed a complaint against Defendants Jill David, Todd Mozden, Vince Caso, Liza Caso, and Norma Sarao, M.D., asserting causes of action for conversion, violation of California Penal Code § 496, intentional infliction of emotional distress, violation of California Civil Code § 1954, breach of implied covenant of quiet en...

Excerpt: ...r to Complaint The court considered the moving, opposition, and reply papers. RULING The demurrer is OVERRULED as to the 2 nd cause of action and SUSTAINED WITHOUT LEAVE TO AMEND as to the 3 rdcause of action. BACKGROUND On November 14, 2018, Jason M. Yamada, Chisato Janice Matsuyama Yamada, and JMY Properties I, LLC filed a complaint against Abdollah Shariff and Eastbluff Insurance Agency, Inc. for breach of contract, professional negligence, an...

Excerpt: ... to Answer to Third Amended Complaint The court considered the moving, opposition, and reply papers. RULING The demurrer is CONTINUED as Plaintiffs have not satisfied the meet and confer requirement. (Code Civ. Proc., § 430.41.) BACKGROUND On March 30, 2017, plaintiffs Muhammad L. Khan, Farida Khanum as Trustee of the Kahnum Family Trust, and Kappa Business Management, Inc. filed a complaint against defendants based on allegations that the contr...

Excerpt: ... BACKGROUND On December 15, 2015, Alan D. Ridley (“Plaintiff”) brought the instant action against Pool Law Group for (1) breach of oral contract; (2) breach of written contract; (3) promissory estoppel; (4) fraud; (5) breach of covenant of good faith and fair dealing; (6) negligence; (7) negligent misrepresentation; (8) violations of California Business and Professions Code § 17200; (9) specific performance; (10) violations of the Homeowner'...

Excerpt: ...Peter Kleinberg Motion for Judgment on the Pleadings The court considered the moving, opposition, and reply papers. RULING The motion is OVERRULED as to the 3 rd, 4 th, and 6 th causes of action, SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 8 th cause of action, and SUSTAINED WITHOUT LEAVE TO AMEND as to the 9 th and 11 th causes of action in the SAC. BACKGROUND On February 8, 2017, plaintiff Peter Kleinberg filed a complaint. On August 18, 20...

Excerpt: ...position papers. RULING The motion is GRANTED. BACKGROUND On April 7, 2015, plaintiff Alejandro Silva filed a complaint against Warren Resources of California, Inc., John Guzman Crane Service, and C&S Welding, Inc. for general negligence and premises liability. Plaintiff alleges that defendants so negligently, carelessly, and recklessly hired, trained, and supervised their employees so as to cause, in preparation for a line flushing, at a well si...

Excerpt: ...on is GRANTED in its entirety. BACKGROUND On November 26, 2018, plaintiff Maureen Okwuosa (“plaintiff”) filed a complaint against defendant Stephanie Pulliam (“defendant”), asserting causes of action for (1) slander; (2) libel; (3) intentional and negligent infliction of emotional distress; and (4) violation of California Penal Code § 11172(a). Plaintiff is currently married to defendant's ex-husband, David Vernon (“David.”) (Compl. ...

Excerpt: ... The demurrer is OVERRULED as to the 1 st and 5 th causes of action. BACKGROUND On July 7, 2018, Plaintiff Salma Mohamed Hadi (“Plaintiff”) filed a complaint against Defendants Shelax Gateway Hotel, LLC,et al. including Girox Glass, Inc. (“Giroux”) and McGuire Builders, Inc. (“McGuire”) (collectively, “Demurring Defendants”) alleging causes of action for: (1) Strict Liability (against all Defendants); (2) General Negligence (again...

Excerpt: ...urth cause of action only. Otherwise the demurrer is overruled. BACKGROUND <004a0003002e0052005200 0033004f0044004c0051[tiff”) filed a complaint against Defendants John McEwan (“McEwan”) and Uber Technologies, Inc., for negligence, assault and battery, and violation of the Bane Act, Civil Code § 52.1. On August 7, 2018, Plaintiff filed a First Amended Complaint (“FAC”) adding a fourth cause of action for violation of Ralph Civil Rights...

Excerpt: ... or reply has been filed. BACKGROUND <0044005a00550048005100 004b0051005600520051[, Sr. and Lawrence P. Johnson, Jr. filed a complaint against 706 So. Catalina B LLC (“Catalina LLC”), Randolph D. Gale (“Gale”), and Peter Clinco (“Clinco”) for (1) breach of oral contract, (2) negligent misrepresentation, (3) conversion, (4) breach of fiduciary duty, (5) accounting, (6) declaratory relief, (7) constructive trust, and (8) equitable lien....

Excerpt: ...Plaintiffs' Motion to Compel Further Responses to Special Interrogatories, Set One and Request for Production of Documents, Set One The court considered the moving, opposition, and reply papers. RULING Plaintiffs' Second Motion for an Order Permitting Testing on Tires is GRANTED. Plaintiffs' Motion to Compel Further Responses to Special Interrogatories, Set One and Request for Production of Documents, Set One is DENIED without prejudice. Plaintif...

Excerpt: ...ogatories, General, First Set of Form Interrogatories, Employment Law, First Set of Requests for Admission, and First Set of Requests for Production from both Defendants (2) <0053004f0044004c005100 57> For the motions to compel discovery responses, the Court considered the moving, opposition, and reply papers. For the motion for leave to amend, the Court considered the moving papers. No opposition was filed. RULING The motions to compel discovery...

Excerpt: ...d a complaint against Nils Nehrenheim for (a) trespass to property and (2) conversion, trespass, and destruction of personal property, alleging that this lawsuit arises out of the improper conduct of Redondo Beach City Councilperson Nehrenheim, who intentionally trespassed onto Hennessey's Tavern premises, refused to leave, disturbed business by loudly talking about destroying Rebel Republic Social House's dining deck, and destroyed and c...

Excerpt: ...ts for Production, Set One As to defendant Bay Club Los Angeles, Inc.: (1) Motion to Compel Responses to Special Interrogatories (2) Motion to Compel Response to Requests for Production, Set One The court considered the moving papers. RULING The motions are GRANTED. Defendants The Bay Clubs Company, LLC and Bay Club Los Angeles, Inc. are ordered to serve on plaintiff verified responses without objections to plaintiff's Special Interrogatories, Se...

Excerpt: ...ctive Order Regarding Deposition of Mark Steffen 3. Motion for Protective Order Regarding Deposition of Don Lee 4. Motion for Protective Order Regarding Deposition of Terry Ragins 5. Motion for Protective Order Regarding Deposition of Michael Wermers The court considered the moving, opposition, and reply papers. RULING The motions are GRANTED. The requests for sanctions are DENIED. BACKGROUND On October 10, 2017, Jane RR Doe, Jane M Doe, and John...

Excerpt: ...005500 [ Motion for Summary Judgment or, in the alternative, Summary Adjudication The court considered the moving, opposition, and reply papers. RULING The motion is for summary judgment is GRANTED. The motion of summary adjudication is MOOT in light of the ruling on the motion for summary judgment. Moving defendants are to lodge a proposed judgment. BACKGROUND On November 16, 2015, Deforest Mapp filed a complaint against defendants Kappa Alpha P...

Excerpt: ...2) Motion for Protective Order Re: 246 Special Interrogatories, Set Four (3) Motion for Protective Order Re: 252 Request for Production, Set Two (4) Motion for Protective Order Re: 349 Request for Production, Set Three The court considered the moving, untimely opposition, and reply papers. RULING The hearing on the motions is CONTINUED to May 9, 2019, at 8:30 a.m. to allow the parties to meet and confer to limit the number of interrogatories and ...

Excerpt: ... the moving, opposition, and reply papers. RULING The motion is GRANTED. Defendants are ordered to file their cross-complaint within five days. BACKGROUND On October 25, 2016, plaintiffs Juli Keene and Emerald Padgett, by and through her guardian ad litem, Juli Keene, filed a complaint against Pier Studio Apartments, LLC and Milan Capital Management, Inc. for breach of warranty of habitability, negligence/premises liability, nuisance, IIED, breac...

Excerpt: ...ternative, Summary Adjudication 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 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. Ki...

Excerpt: ...0500053004f004400 4c00510057> The court considered the moving, opposition, and reply papers. RULING The demurrer is OVERRULED as to the 11 th cause of action and SUSTAINED WITHOUT LEAVE TO AMEND as to the 13 thand 14 th causes of action in the SAC. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND as the claim for exemplary and punitive damages at paras. 146, 156, and 161 and DENIED as to the balance. BACKGROUND On November 3, 2017, plaintif...

Excerpt: ... considered the moving, opposition, and reply papers. RULING The motion is GRANTED. The court orders non-party ADD-SOI Center to respond to the deposition subpoena issued on January 9, 2019 within 20 days. 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...

Excerpt: ...NG The motion is DENIED. BACKGROUND On November 19, 2018, plaintiff Christopher Bembynista filed a complaint against defendant Paul G. Dombrowski. On November 27, 2018, plaintiff filed a FAC for (1) trespass, (2) nuisance, (3) conversion, and, (4) negligence. 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 ...

Excerpt: ...rrogatories, Set One (5) Motion to Compel Further Responses to Special Interrogatories, Set One (6) Motion to Compel Further Responses to Request for Production of Documents, Set One The court considered the moving, opposition, and reply papers. RULING The motions are DENIED as MOOT to the extent that plaintiffs filed supplemental responses after the motions were filed. Plaintiff Michael Edwards is ordered to pay monetary sanctions to defendants ...

Excerpt: ...ya Professional Dental Corporation, ind. and dba Bay Dental Center and Sunen Pandya Professional Dental Corporation's demurrer is OVERRULED. BACKGROUND On December 6, 2016, plaintiff Ligia Lezama filed a complaint against Toral S. Pandya, D.D.S., Pandya Professional Dental Corporation, Sunen Pandya Professional Dental Corporation, and Bay Dental Center for professional negligence of dental malpractice. On October 12, 2018, plaintiff filed a FAC f...

Excerpt: ...f Complaint The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED as to striking paras 18 (at 4:26 – 5:1), 33, 79(a), 79(f), 86(a), and 86(e). The motion is DENIED as to paras. 27, 31, and 32 and the 5th and 6th causes of action. BACKGROUND On March 9, 2018, plaintiffs Jane Ah Doe, a minor by and through her guardian ad litem, RH, RH, and JG for (1) negligence, (2) negligent hiring, supervision, training, a...

Excerpt: ...ion, and reply papers. RULING The demurrer to the 2nd and 3rd causes of action is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. 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 (5) declaratory relief. On August 29...

Excerpt: ... opposition, and reply papers. RULING The hearing is CONTINUED to June 20, 2019, at 8:30 a.m. to allow plaintiff to conduct discovery as to defendant AST's contacts with California during the relevant time period. BACKGROUND On May 31, 2018, plaintiffs Dan O'Leary and Darla O'Leary filed a complaint against defendants The Dow Chemical Company and Does 1 through 100 for (1) negligence, (2) negligence per se, (3) strict liability – warning defect...

Excerpt: ...nd Things, Set No. One The court considered the moving, opposition, and reply papers. RULING The motions are GRANTED. Plaintiff is ordered to serve further responses to defendant's Form Interrogatories, Set One, Nos. 9.1, 12.1, 12.2, 12.3, and 14.1 and Request for Production of Documents and Things, Set One, Nos. 4 and 12, within 20 days. Plaintiff and his attorney of record, Jeffrey Bohrer, are ordered to pay monetary sanctions to defendant in t...

Excerpt: ...murrer is SUSTAINED WITH 15 DAYS LEAVE TO AMEND as to the 4 th and 5th causes of action and SUSTAINED WITHOUT LEAVE TO AMEND as to the 7 th cause of action. 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 (1) medical negligence, (2) lack of informed consent, (3) ostensible agency/vicarious liability, (4) medical battery, ...

Excerpt: ...TAINED WITH 20 DAYS LEAVE TO <0058005500550048005500 001a[ th and 9 th causes of action is OVERRULED. The demurrer to the 8 th and 15 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 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 Firs...

Excerpt: ...otion to set aside entry of default is DENIED. BACKGROUND On May 24, 2018, plaintiff My Dung Wynn filed a complaint against Buu Tan Lam, Yen Ngoc Hua, Tracy My Lam, and Cindy My Lam for fraud, breach of contract, common counts, to set aside fraudulent conveyance, and for conspiracy. Plaintiff alleges that Buu Lam is the relative of plaintiff. Buu asked plaintiff to loan him money to buy a house since he had just arrived in the U.S. from Vietnam a...

Excerpt: ...laintiff is ordered to pay attorney's fees and costs in the amount of $9,054 to defendant. BACKGROUND On February 22, 2018, Law Offices of Stanley Denis filed a complaint against Mark Benardo for defamation based on a Yelp review by defendant. Plaintiff alleges that in 2014, plaintiff was retained by the trustee of a family trust to represent it in litigation. Defendant was a secondary beneficiary of the trust, and plaintiff did not represent him...

Excerpt: ...nce and Testimony Regarding the Document The court considered the moving and opposition papers. RULING The motion is DENIED as to disqualification. BACKGROUND On May 29, 2018, plaintiff filed the herein motion in limine re plaintiff's request to disqualify defense counsel and to exclude evidence and testimony regarding a confidential and privileged document, which was inadvertently sent to defense counsel. This motion in limine was in response to...

Excerpt: ...cuments and the Truth of Matters Specified in Request for Admissions, Set One The court considered the moving papers. No opposition was filed. RULING The motions are GRANTED. Richard Robinson is ordered to serve on Act Mediation, Inc. verified responses without objections to Act Mediation's Form Interrogatories, Set No. One, within 20 days. The court deems admitted the truth of the matters in Act Mediation's Requests for Admission, Set One, as ag...

Excerpt: ...e 1st, 2nd, 3rd, and 7th causes of action. The demurrer is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 4th, 5th, and 6th causes of action. BACKGROUND On August 22, 2018, plaintiff Hyun Sang Kim filed a complaint against EAPS Supply, Inc. and Sungyup Ihm for (1) breach of contract, (2) open book account, (3) account stated, (4) promise without intent to perform, (5) intentional misrepresentation, (6) negligent misrepresentation, and (7) conver...

Excerpt: ...ests for Admission, and First Request for Production The court considered the moving, opposition, and reply papers. RULING The motion is DENIED. Defendant is ordered to pay an additional filing fee of $180. BACKGROUND On April 25, 2018, plaintiff JL Contractors, Inc. filed a complaint against defendants Peter Frederiksen and 121 2nd Street, LLC for breach of contract, foreclosure of mechanics' lien, and quantum meruit. Plaintiff alleges that the ...

Excerpt: ...d the motion, opposition, and reply papers. RULING The demurrer is OVERRULED as to the 6 th cause of action and SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 7 th through 9 th causes of action. The motion to strike is GRANTED WITH 20 DAYS LEAVE TO AMEND. BACKGROUND On May 21, 2018, plaintiff Rochel Disi filed a complaint against defendants Tad Tanoura, M.D., The Regents of the University of California, The University of California at Los Angele...

Excerpt: ... hearing is CONTINUED to June 7, 2019, at 8:30 a.m. to allow plaintiff to conduct discovery as to defendant AST's contacts with California during the relevant time period. BACKGROUND On May 31, 2018, plaintiffs Dan O'Leary and Darla O'Leary filed a complaint against defendants The Dow Chemical Company and Does 1 through 100 for (1) negligence, (2) negligence per se, (3) strict liability – warning defect, (4) strict liability – design defect, ...

Excerpt: ...n is STAYED pending the outcome of the arbitration proceeding. BACKGROUND On August 31, 2018, plaintiff Neil Chisholm filed a complaint against Car Lux, Fastrack Insurance, Foremost Insurance Group, Coast National Insurance Company, Maria Gutierres, Fastrack Insurance, and Raul Orihuela [alleged to be employee of Fastrak] for (1) breach of contract – against Car Lux, (2) breach of insurance contract – against Fastrack, Coast, Foremost, Gutier...

Excerpt: ...e moving, opposition, and reply papers. RULING The motion is GRANTED. Defendant is ordered to serve further responses to plaintiff's Demand for Document Production, Set One, Nos. 1 to 10, and 20, in compliance with CCP §2031.230. Defendant is ordered to pay monetary sanctions to plaintiff in the amount of $2,460 within 30 days. BACKGROUND On December 15, 2017, plaintiff Cross Creek Village Homeowners Association filed a complaint against Alexand...

Excerpt: ...NG The motion is DENIED. BACKGROUND On November 19, 2018, James Skeoch and Wendie Skeoch filed a complaint against Manuel Diaz and Donnarae Diaz and 2617 Huntington Lane Homeowners Association for declaratory relief, breach of contract, breach of fiduciary duty, and injunctive relief. LEGAL AUTHORITY “[A] court will deny a preliminary injunction unless there is a reasonable probability that the plaintiff will be successful on the merits, but th...

Excerpt: ...osition of Norlan Machado and Mary Machado The court considered the motion, opposition, and reply papers. RULING The motion is GRANTED IN PART and DENIED IN PART as stated below. BACKGROUND <002c004f00030027005200 004700030057004b0055[ough her guardian ad litem, Tom Ishimaru, filed a Third Amended Complaint against defendants Brightstar Residential Incorporated, Inc., Reuben Alcala, Norlan Machado (Doe 1), and Mary Machado (Doe 2) for sexual batt...

Excerpt: ...mpel Defendant Stefani to Answer Plaintiffs' Special Interrogatories, Set 8 (3) Motion to Compel Defendant Stefani to Answer Plaintiffs' Supplemental Interrogatories, Set 1 (4) Motion to Compel Defendant Stefani to Answer Plaintiffs' Demand for Production of Documents, Set 2, and Produce Documents (5) Motion to Compel Defendant Stefani to Answer Plaintiff's Supplemental Demand for Production of Documents, Set 1 The court considered the moving pap...

Excerpt: ...ED. Defendant Hangar 18 South Bay, Inc. is ordered to file its cross-complaint within five days. BACKGROUND <005c0057004f0048005a00 00470003004400030046[omplaint against Hangar 18 Indoor Climbing Gym, LLC and Hangar 18 South Bay, Inc. On April 23, 2018, plaintiff filed a First Amended Complaint for negligence, premises liability, breach of express warranty, breach of implied warranty, and strict liability based on a <00030014001c000f000300 150013...

Excerpt: ...WITHOUT PREJUDICE. BACKGROUND <0044005100030024005500 0003000b00b3002f0048[an Arch”) filed a complaint against Plan B Partners, LLC (“Plan B”) and Ziv Bender for breach of design contract, breach of construction contract, and recovery of prompt payment penalties, and against C3 Capital, LLC (“C3”) for foreclosure of mechanic's lien. <0056005600030046005200 0044004a0044004c0051[st Lean Arch and American Contractors Indemnity Company for ...

Excerpt: ... motion is GRANTED. The default entered against Manhattan Medical Partners, LLC on October 25, 2018 is VACATED. Defendant is ordered to file its answer within five days. BACKGROUND On August 21, 2018, plaintiff D.F. Construction, Inc. filed a complaint against Millie and Severson, Incorporated and Manhattan Medical Partners, LLC for breach of contract, goods sold and delivered/agreed price, open book account, account stated, and foreclosure of me...

Excerpt: ...No. 20160316840 of the Official <001400190003004c005600 00470011[ BACKGROUND On March 11, 2016, plaintiff James D. Shu (self-represented) filed a complaint against Bank of America and T.D. Service Co. for breach of contract, violation of implied covenant of good faith and fair dealing, and IIED involving the real property at 1829 W. 185 th St., Torrance. <0003004400530053004800 0044005700030057004b[e CMC, and the court set an OSC hearing re sanct...

Excerpt: ...osition, and reply papers. RULING The motion is DENIED. BACKGROUND On October 25, 2016, plaintiffs Juli Keene and Emerald Padgett, by and through her guardian ad litem, Juli Keene, filed a complaint against Pier Studio Apartments, LLC and Milan Capital Management, Inc. for breach of warranty of habitability, negligence/premises liability, nuisance, IIED, breach of contract, breach of covenant of quiet enjoyment, fraud/deceit/intentional misrepres...

Excerpt: ...e moving, opposition, and reply papers. RULING The motion is GRANTED. BACKGROUND <00030049004c004f004800 00510047000300240050[ended Complaint against City of Gardena and County of Los Angeles for premises liability based on a trip and fall incident on a sidewalk on January 17, 2015. DISCUSSION Plaintiff requests that the court quash the deposition subpoena for production of business records issued to Los Angeles Unified School District. CCP § 19...

Excerpt: ...pers. RULING The motion is DENIED WITHOUT PREJUDICE because of the automatic stay in effect as to defendant Yim. The court sets an OSC re status of representation of Global Infinity Transport Inc. and United Global Express Inc. and/or entry of default if defendants have not obtained counsel by the date of the hearing on _________. BACKGROUND On December 19, 2016, plaintiffs Lariano Warrell, Juan Quezada, and Marvin Ramirez filed a complaint again...

Excerpt: ...demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 6 th cause of action. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND as to para. 49 and prayer at 4. for punitive damages. 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 enjoyment, (4) private nuisance, (5) negligence...

Excerpt: ...plaint for (1) encroachment and trespass on plaintiffs' land, cutting down trees and underwood, (2) negligent infliction of emotional distress, (3) intentional infliction of emotional distress, (4) assault and battery, (5) private nuisance, and (6) false arrest and false imprisonment, and (7) trespass upon personal property. Trial is set for September 25, 2019. LEGAL AUTHORITY “As a general matter, a defendant may obtain a physical or mental ex...

Excerpt: ...r 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 evidence submitted, and ‘all <004800510046004800b...

Excerpt: ...ely on behalf of 34000 Figueroa Partners LLC, Takako Agustsson, ind. and as shareholder derivatively on behalf of National Geosupport Inc., and Groundtech Inc. filed a complaint against Agust Agustsson, Lezeley Saar, and August Construction and Shoring, Inc. On November 28, 2017, plaintiffs filed a First Amended Complaint. On March 23, 2018, plaintiffs filed a Second Amended Complaint, On May 14, 2018, plaintiffs filed a Third Amended Complaint a...

Excerpt: ...as to para. 137 and prayer for punitive and exemplary damages. Defendants are ordered to file an answer within ten days. BACKGROUND <0044000300320055005700 00440057004b00440051[ Ortega, and Daniel O., Matthew L., and Destiny L., minors by and through their guardian ad litem, Sandra Ortega, filed their First Amended Complaint for (1) private nuisance, (2) breach of warranty of habitability, (3) negligent maintenance of premises, (4) IIED, (5) negl...

Excerpt: ...ng, opposition, and reply papers. 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 City of Torrance be and are dismissed with prejudice. Any and all present and future claims against City ...