Excerpt: ...plaint and Motion to Strike (2) Demurrer to First Amended Complaint The court considered the moving, opposition, and reply papers. RULING (1) The demurrer is SUSTAINED in its entity with leave to amend as to the fifth, seventh, and ninth causes of action only. Plaintiff is granted 20 days from the date of this order to file an amended complaint. The motion to strike is DENIED as moot. (2) The demurrer is OVERRULED in part and SUSTAINED in part. T...

Excerpt: ...e, Limit Plaintiffs Notice of Deposition of PMQ (2) Motion for a Protective Order Regarding Confidential Designations The court considered the moving, opposition, and reply papers and joint status report. On May 5, 2021, the court continued the hearing as to defendant's PMQ to allow counsel to meaningfully meet and confer and to provide a joint status report as to the categories and requests at issue. RULING The motion for protective order as to ...

Excerpt: ...endants. Hearing Date: June 24, 2021 Moving Parties: Defendants L&P Associates and DE Miranda Management Responding Party: Plaintiffs Sonia Jackeline Canales, et al. Demurrer and Motion to Strike The court considered the moving, opposition, and reply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the sixth cause of action and SUSTAINED WITH LEAVE TO AMEND as to the seventh, and eighth causes of action. The demurrer is OVERR...

Excerpt: ...m 8 in the amount of $54,108.49, Item 14 in the amount of $1,893.60, and Item 16 in the amount of $1,150 in Lyft's memorandum of costs. Such costs are STRICKEN AND/OR TAXED. The motion is DENIED as to Items 4, 5, and 13. BACKGROUND On March 12, 2018, Young Kook Cho filed a complaint against John McEwan and Uber Technologies, Inc. for (1) negligence, (2) assault and battery, and (3) violation of the Bane Act, Civil Code §52.1. On April 11, 2018, ...

Excerpt: ...ving papers. No opposition was filed. RULING The motion is GRANTED. Defendant Fluor Flatiron Balfour Beatty Dragados DBJV d/b/a Linxs Constructors is ordered to file its cross-complaint within five days. BACKGROUND On November 12, 2020, plaintiffs Maria D. Felix Beltran, Isaias de Jesus Barajas Felix, Emiliano Guadalupe Barajas Felix, Maria Fernanda Lopez-Felix, Erick Alin Mora Felix, and Hildeliza Barajas filed a complaint against Los Angeles Wo...

Excerpt: ...on is DENIED although defendants are ordered to serve separate responses as to each defendant within 5 days. BACKGROUND On October 24, 2017, Danny Trebold (self-represented) filed a complaint against Allianz Global Risks United States (AGRUS) for fraud. The “cause of action” was not attached to the complaint as is required by the form complaint at para. 8. On December 12, 2017, plaintiff filed a First Amended Complaint, which did not have the...

Excerpt: ...nd supplemental declaration. On April 20, 2021, the court had continued the hearing to allow defendant to resolve its suspended status, which it did. RULING The demurrer is OVERRULED as to the 2 nd and 3 rd causes of action and SUSTAINED WITHOUT LEAVE TO AMEND as to the 4 th, 5 th, and 6 th causes of action. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND as to 8:23-26, any reference or prayer for punitive and exemplary damages and sanctio...

Excerpt: ...ition papers. RULING The motion is DENIED. BACKGROUND On May 16, 2019, plaintiff Jeff Widmann filed a complaint against Edward Leung, ind. and as trustee for Leung Edward T. Trust for (1) breach of contract, (2) breach of implied covenant of quiet enjoyment, (3) breach of covenant of good faith and fair dealing, (4) nuisance, (5) negligence, and (6) unfair business practices in violation of Bus. & Prof. Code §17200. On August 7, 2019, plaintiff ...

Excerpt: ...s. RULING The motion is GRANTED. Defendant is ordered to produce the following records for in camera inspection as to the identified officers: (1) Unredacted versions of applications, resumes, score cards, scoring notes, selection memoranda, and discipline record identifying each individual selected to promote to sergeant in 2016, 2017 (LAWA0064216-0064454), 2018 (LAWA0063706-LAWA0064047), and 2019 (LAWA64048- LAWA0064215); (2) Unredacted version...

Excerpt: ...is DENIED. BACKGROUND On February 19, 2019, Cambria Company LLC filed a complaint against 213 Manhattan Beach Blvd Partners, LLC for breach of contract. Plaintiff alleges that on September 8, 2016 the plaintiff, as tenant, and defendant, as landlord, entered into a written commercial lease agreement for space located at 213-215 Manhattan Beach Blvd. in Manhattan Beach with a natural expiration date of December 31, 2023. On January 11, 2019, the p...

Excerpt: ...D. Plaintiff is to file the SAC within five days. BACKGROUND On June 22, 2020, plaintiff Green Certifications, Inc. filed a complaint against Steven Peacock, Daniel Peacock, and Green Globe Limited for (1) unfair business practices, (2) intentional interference with prospective economic advantage, (3) negligent interference with prospective economic advantage, and (4) civil conspiracy. Plaintiff alleges that it provides certification, training, e...

Excerpt: ...END as to the 5 th cause of action in the FAC. Defendant is ordered to file an answer within ten days. BACKGROUND On June 19, 2020, plaintiff Markus J. Wilson filed a complaint against Ramjibhai M. Patel for (1) breach of implied warranty of habitability, (2) battery, (3) negligence – premises liability/failure to warn, (4) nuisance, (5) IIED, (6) NIED, (7) breach of contract, (8) breach of covenant of quiet enjoyment, and (9) fraudulent concea...

Excerpt: ...apers. RULING The motion is GRANTED as to modifying Request Nos. 1, 6, 7, and 8 to delete “IP addresses, login devices.” The motion is GRANTED as to Nos. 3, 4, 5, 9, and 10. The motion is DENIED as to No. 2. BACKGROUND On September 17, 2019, plaintiff Jason Kang filed a complaint against defendant Christian Rado for (1) breach of contract, (2) fraud, (3) declaratory relief, (4) conversion, (5) negligence, and (6) injunction. The complaint all...

Excerpt: ...Documents Responsive to Deposition Subpoena The court considered the moving and opposition papers and reply declaration. RULING The motion is DENIED. BACKGROUND On July 18, 2018, plaintiff Denise McDermott filed a complaint against David T. Macklin, 27Reasons Foundation, Inc., Glory Days 4 on 4, LLC, I Wear, LLC, Symposium Sports Management, L.L.C., Wyfy Entertainment L.L.C., and Shulove Reshia Parks for (breach of contract, (2) breach of fiducia...

Excerpt: ...court considered the moving and response papers. RULING The motion is GRANTED. The court orders Omid Barkhordar, D.D.S. to appear for deposition within 15 days on a mutually agreeable date and time if he has not already appeared. Defendant is also ordered to produce documents responsive to plaintiff's Request for Production of Documents, Set One within ten days and to produce a privilege log as to any withheld responsive documents. The court orde...

Excerpt: ...red the motion, opposition, and reply papers. RULING The motion is GRANTED. The lis pendens recorded against 9762 Surrey Avenue, Montclair, on December 27, 2018, is expunged. Defendant Tanvir M. Ahmad is awarded attorney's fees and costs against plaintiff in the amount of $6,952 to be paid within 30 days. LEGAL AUTHORITY “At any time after notice of pendency of action has been recorded, any party, or any nonparty with an interest in the real pr...

Excerpt: ..., and reply papers. RULING The motion is DENIED as to Maniaci's request to amend his answer to the FACC. The motion is GRANTED as to substituting Toshie Bergan as successor in interest as defendant. 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 ...

Excerpt: ... motion is CONTINUED to July 1, 2021, at 8:30 a.m. Plaintiff is to take motion off calendar if the depositions go forward on June 23, 2021. BACKGROUND On August 7, 2019, Jesus Hernandez filed a complaint against American Honda Motor Co., Inc. for violation of statutory obligations under the Song-Beverly Act. On January 8, 2021, the parties entered into a stipulated protective order. On April 23, 2021, the court denied in part and granted in part ...

Excerpt: .... RULING The motion is GRANTED. Plaintiff is awarded $46,000 in attorney's fees and $73.15 in costs as against defendant. BACKGROUND On October 29, 2019, Vladislav Dikov filed a complaint against Mercedes-Benz USA, LLC and Jones Ontario Acquisition, LLC dba Mercedes-Benz of Ontario for violations of statutory obligations under the Song-Beverly Consumer Warranty Act. On January 7, 2021, plaintiff filed a notice of settlement. LEGAL AUTHORITY CCP �...

Excerpt: ...The court considered the moving, opposition, and reply papers. RULING The motion is DENIED WITHOUT PREJUDICE. The parties are encouraged to meet and confer and to stipulate as to a second physical examination. BACKGROUND On December 21, 2018, plaintiffs 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 Angel...

Excerpt: ...LING The demurrer is OVERRULED as to the 3 rd and 4 th causes of action and SUSTAINED WITHOUT LEAVE TO AMEND as to the 5 th cause of action in the SAC. Defendants are ordered to file an answer within fifteen days. BACKGROUND On January 16, 2020, Jessie Emad Alhussain filed a complaint against Azim Dental Corporation and Noorullah Azim, DDS for (1) general negligence/professional negligence and (2), (3) intentional tort. On June 18, 2020, plaintif...

Excerpt: ...Motion to Compel Attendance at Deposition of Witness Luz Paredes The court considered the motion papers, opposition declarations of N. Cantoria and L. Paredes, and supplemental declarations of defense counsel. A hearing was held on April 19, 2021, where the court ordered L. Paredes to pay monetary sanctions and counsel to meet and confer to reschedule the depositions of Cantoria and Paredes. The hearing was continued to see if additional sanction...

Excerpt: .... Steadfast Insurance Company is ordered to file its complaint-in- intervention within five days. BACKGROUND On December 21, 2018, plaintiffs 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 Ap...

Excerpt: ...sal of Action with Prejudice The court considered the moving and response papers. The hearing was continued because both plaintiffs were ill. Plaintiffs were directed to offer dates certain for their depositions, which must take place within 30 days of April 14, 2021. The court ordered that on the next hearing date, if an amended complaint has not been filed and/or if depositions have not been take, absent showing of very good cause, the motion f...

Excerpt: ...ivate Attorney General Act of 2004 The court considered the moving papers. RULING The motion is GRANTED as to the filing of the FAC. The motion is CONTINUED to ______________, at 8:30 a.m. to allow the parties to address the following issues and to submit a declaration attesting to the changes. 1. Notice. a. See request for edits and modifications to proposed notice below. b. Ensure that the notice accurately reflects the court's current social d...

Excerpt: ...on, and reply papers. RULING The motion is GRANTED, subject to the parties entering into a protective order re confidentiality, as to Nos. 7, 10, 19, 34, 38, and 41. No. 19 is limited to “vehicles of the same year, make, and model as the subject vehicle” and “within California”; No. 38 is limited to “since 2019”; and No. 41 is limited to “within California.” The motion is DENIED as to Nos. 16-18, 21, 42, and 51. BACKGROUND On May ...

Excerpt: ...s. RULING The motion for summary judgment is DENIED. BACKGROUND On October 7, 2019, plaintiff Kailey Snider filed a complaint against Eric Birkemeier, Swell Technologies, LLC, dba Ride Riptide, Scott Friedman, Andree Friedman, and Friedman Trust for general negligence, premises liability, and general negligence (against the Friedmans). On August 5, 2020, plaintiff filed an amendment designating Intuitive Motion, Inc. as Doe 1. LEGAL AUTHORITY The...

Excerpt: ... Motion for Appointment of Receiver The court considered the moving, opposition, and reply papers and supplemental briefs. At the hearing on April 22, 2021, the court continued the hearing and directed the parties to meet and confer to attempt to hold a valid vote for the appointment of counsel for the LLC, selection of a broker, and sale of the property. The parties could file a brief as to the conduct and result of the meet and confer. A vote w...

Excerpt: ...YS LEAVE TO AMEND as to the 1 st cause of action for battery. BACKGROUND On September 13, 2019, plaintiff Erica H. Leventhal, a minor by and through her guardian ad litem, Cornelia A.R. Pechmann, filed a complaint against Select Medical Holdings Corporation, Inc., Select Physical Therapy, Novacare Rehabilitation Health Services, Inc., and Heather Seyfert for (1) battery, (2) fraud, and (3) negligence. On February 21, 2020, the court overruled def...

Excerpt: ...aintiffs entered into a contract with Defendant. The remaining allegations of the Complaint are uncertain. Plaintiff alleges that “Defendant entered into a contract to provide cement to the construction site of a project.” (Complaint, pg. 3.) Thus, this allegation makes it appear that Defendant was the party that provided cement to a construction project. However, the next allegation appears to support the contention that Plaintiff possibly p...

Excerpt: ...ply 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 March 13, 2019, Gilbert Parra filed a complaint against Eric M. Feit, D.P.M., Alona Kashanian, D.P.M., Pooya Lashkari, D.P.M., and Precision Foot and Ankle Centers for (1) negligence/medical malpractice, (2) fraud/deceit/intentional misrepresentations, and (3) negligent...

Excerpt: ...the Complaint The court considered the moving, opposition, and reply papers. RULING The demurrer is OVERRULED as to the 1 st, 4 th, 5 th, 7 th, 8 th, 9 th, and 10 th causes of action and SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 2 nd, 3 rd, and 6 th causes of action in the complaint. The motion to strike is DENIED as to each cause of action, the allegations as to defendant, and the prayer for costs and GRANTED WITH 20 DAYS LEAVE TO AMEND as...

Excerpt: ...ly 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 November 20, 2019, plaintiff My Hoang Kieu Le filed a complaint against Hyundai Motor America for violations of statutory obligations under the Song-Beverly Consumer Warranty Act. On February 19, 2020, plaintiffs My Hoang Kieu Le and Khue Hoang Minh Le filed a FAC for (1...

Excerpt: ...ING The motion is GRANTED. Plaintiff may proceed with a lock-out for defendant's failure to make the April 16, 2021 installment. BACKGROUND On November 18, 2020, plaintiff K.P. Isis LLC filed a complaint against Sheila Starks for unlawful detainer regarding the property at 626/630 Isis Avenue, Inglewood, CA. Plaintiff alleges that at the time the notice to pay rent or quit was served the rent due was $96,000. On March 24, 2021, the parties entere...

Excerpt: ...nd reply papers. RULING The demurrer to the FAC is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. BACKGROUND On October 9, 2020, Todd Barton (self-represented) filed a complaint against Patrick J. Furey, Mayor, Craig Bilezerian, Director of Public Works, Eve Berg, Chief of Police, and the City of Torrance for (1) motor vehicle negligence, (2) general negligence, and (3) intentional tort (14 USC 1983), (4) intentional tort (18 USC 242), (5) intentional to...

Excerpt: ...ed the moving, opposition, and reply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 2 nd cause of action. Defendant is ordered to file an answer within 15 days. The motion to strike is GRANTED. BACKGROUND On April 17, 2020, plaintiff Michelle Johnson filed a complaint against Crowne Plaza Los Angeles Airport, Six Continents Hotels, Inc., Intercontinental Hotels Group, International Hotels & Resorts, and Paul Gibbs for (...

Excerpt: ... is OVERRULED. Defendants are to file an answer within ten days. BACKGROUND On September 25, 2020, Vatche Cabayan filed a complaint against Petri Entertainment, LLC and Warner Davis for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, and (3) declaratory relief. On December 22, 2020, plaintiff filed a FAC for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, (3) money had ...

Excerpt: ...ntiffs Notice of Deposition of PMQ The court considered the moving, opposition, and reply papers. RULING The motion is CONTINUED to ___________, at 8:30 a.m. to allow counsel to meaningfully meet and confer and to provide a joint status report as to the categories and requests at issue at least five days prior to the hearing. BACKGROUND On December 21, 2018, plaintiffs Cynthia L. Conner and Lisa Whitten filed a complaint against Lyft, Inc., Kings...

Excerpt: ...ons and Complaint for Lack of Personal Jurisdiction The court considered the moving papers and plaintiff's notice of non-opposition. RULING The motion is GRANTED. BACKGROUND On January 7, 2019, Donald Greene filed a complaint against Komatsu Forklift Retail Operations, Inc., Komatsu Forklift U.S.A., Inc., Komatsu Forklift U.S.A., LLC, Mitsubishi Caterpillar Forklift America, Inc., and Helen Talavou for (1) strict products liability – unreasonab...

Excerpt: ...ebruary 1, 2018, plaintiff Paul Rollins filed a complaint against Reliant Urgent Care, Christopher R. Carles, and City of Los Angeles for (1) negligence, (2) negligent entrustment, (3) negligent hiring, retention, and supervision, and (3) dangerous condition of public property. Plaintiff alleges that on August 25, 2017, at approximately 8:30 p.m., plaintiff arrived at LAX in order to visit a client in NY. Plaintiff permissibly entered a crosswalk...

Excerpt: ... RULING The demurrer to the 3 rd cause of action for wrongful death is OVERRULED. The motion to strike is DENIED. BACKGROUND On March 1, 2017, Maria Dodos, ind. and as trustee of the Maria Dodos 2014 Trust filed a complaint against Jackie Weissman and Chuck Weissman. Dodos lives at 1108 Loma Drive , Unit 2, Hermosa Beach. Weissmans reside at 1106 Loma Drive, Unit 1, Hermosa Beach. This action arises out of a dispute between next-door residents be...

Excerpt: ...tion, and reply papers. RULING The motion is GRANTED. BACKGROUND On June 25, 2020, John Doe V.M. and John Doe R.M. filed a complaint against Does 1 to 50 for (1) battery, (2) sexual battery, (3) IIED, (4) negligence, (5) violation of Tom Bane Civil Rights Act, (6) violation of Unruh Civil Rights Act, (7) violation of Ralph Civil Rights Act of 1976, (8) gender violence, and (9) sexual harassment. On October 9, 2020, the court granted plaintiffs' e...

Excerpt: ...D WITHOUT LEAVE TO AMEND. BACKGROUND On December 28, 2020, Cynthia filed a complaint against Marlon Quesada for (1) trespass and encroachment by trespass, (2) private nuisance and encroachment by private nuisance, and (3) negligence. On February 25, 2021, plaintiff filed a FAC. LEGAL AUTHORITY 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 i...

Excerpt: ...ion for summary judgment is GRANTED. BACKGROUND On May 20, 2020, Breckenridge Property Fund 2016, LLC filed a complaint against Marie Riggins and all persons unknown, claiming any legal or equitable right, title, estate, lien, or interest in the property described in the complaint adverse to plaintiff's title, or any cloud upon plaintiff's title thereto for quiet title. On July 8, 2020, defendant filed an answer in pro per. On January 7, 2021, th...

Excerpt: ...e court considered the moving papers. The hearing was continued from March 12, 2021 to April 14, 2021 to allow plaintiff's counsel to confirm contact with defense counsel at the correct phone number and to allow defendant a further opportunity to serve code-compliant responses to plaintiff's Requests for Production of Documents. On April 9, 2021, plaintiff's counsel filed a declaration as to his meet and confer efforts with defense counsel. At th...

Excerpt: ...INED WITHOUT LEAVE TO AMEND as to the 1 st, 2 nd, and 3 rd causes of action against individual defendants Megeff and Athan. The demurrer is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 1 st, 2 nd, and 3 rd causes of action. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND. The court strikes “(a firm recently found to have intentionally misrepresented facts to the Superior Court)”. BACKGROUND On January 14, 2021, Blake Williams filed ...

Excerpt: ... considered the moving, opposition, and reply papers. RULING The motion is GRANTED as to Nos. 19 (“in vehicles of the same year, make, and model as the subject vehicle” and “within California”) and 20 (“within California”). The motion is DENIED as to Nos. 10, 16, 18, 41, and 59. Defendant is ordered to produce responsive documents within 20 days. BACKGROUND On August 7, 2019, Jesus Hernandez filed a complaint against American Honda Mo...

Excerpt: ...idered the moving, opposition, and reply papers. RULING The demurrer is OVERRULED. BACKGROUND On April 3, 2019, Nathan Loesch, a minor by and through his guardian ad litem, Diana Loesch filed a complaint against Torrance Unified School District and Torrance Unified School District Public Facilities Corporation for (1) dangerous condition of public property, (2) general negligence, and (3) premises liability. Plaintiff alleges that on May 1, 2018,...

Excerpt: ...cords from World Service West The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED as to Nos. 1, 2, 3, 4, 6, 8, 9, 10, 11, 12, 13, 14, and 15. Nos. 4, 6, 8, 10, and 11 are to exclude any tax documents. World Service West is ordered to produce responsive documents within 20 days. The motion is DENIED as to Nos. 5 and 7. BACKGROUND On September 27, 2018, plaintiffs Laura Esquivel and Margarita De La O filed a ...

Excerpt: ...tion to Be Relieved as Counsel The court considered the moving papers and supplemental attorney declaration. RULING The motions are GRANTED. The court orders that the attorney is relieved as counsel of record for defendants Zoey Air, LLC and Imports of Scottsdale, LLC, effective upon the filing of the proof of service of the signed “Order Granting Attorney's Motion to Be Relieved as Counsel – Civil” (Judicial Council form MC- 053) upon the ...