Excerpt: ...moving, opposition, and reply papers. RULING The motion is GRANTED. The court taxes Item 1 in the amount of $259.95 and strikes Item 5 for $136.20, Item 12 for $200, and Item 16 for $4,723.53. BACKGROUND On July 10, 2018, ACT Mediation, Inc. filed a cross-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: ... reply papers. RULING The demurrer is OVERRULED as to the 3 rd cause of action. The motion to strike is DENIED. Defendant County is ordered to file an answer within ten days. BACKGROUND On September 14, 2018, Kevin Jarvis filed a complaint against Regents of the University of California for (1) assault and battery, (2) negligence, (3) false imprisonment, (4) premises liability, and (5) statutory violations. On November 8, 2018, plaintiff filed an...

Excerpt: ...ers. No opposition was filed. RULING The motion is GRANTED. Moving party is ordered to file its amended cross-complaint within five days. BACKGROUND On February 26, 2019, plaintiff Creditors Adjustment Bureau, Inc. filed a complaint against Mulligan Construction, Inc. for breach of contract, open book account, account stated, and reasonable value. On August 1, 2019, Mulligan Construction filed a cross-complaint against State Compensation Insuranc...

Excerpt: ...sition, and reply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to defendants John Buckley and Equity Building Inspection. The motion to strike is MOOT in light of the ruling on the demurrer. BACKGROUND On March 28, 2019, plaintiffs Todd Butler and Mariam Butler filed a complaint against David Narvaez, Daleen Narvaez, John Buckley, and Equity Building Inspection for (1) fraud – concealment, (2) negligence, (3) negligent mis...

Excerpt: ...idered the moving, opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On July 18, 2019, plaintiff Aasir Azzarmi (self-represented) filed a complaint against Delta Air Lines, Inc., Andrea Misserian, Juan Diaz, Richard Lorich, Debbie Bunch, Tracy Gallegos, Jeanne Maumus, and Does for 39 causes of action in connection with his employment with Delta. LEGAL AUTHORITY Under CCP §128(a)(5), one of the court's powers is to control the...

Excerpt: ...z is dismissed from the complaint. BACKGROUND On September 4, 2019, plaintiff Aasir Azzarmi (self-represented) filed a complaint against Wendy Chau, Walter Lorio, Richard Lorich, Jeanne Maumus, Robert J. Relihan, Clifford Schwenker, Hana Bruce, Kristina Keifer, and Jazzmaine Sullivan for 13 causes of action in connection with his employment with Delta. LEGAL AUTHORITY A defendant may serve and file a notice of motion to quash service of summons o...

Excerpt: ...ith a Disability The court considered the moving papers. RULING The court is inclined to grant petitioner's Amended Petition to Approve Compromise of Pending Action on behalf of person with a disability claimant Jennifer Zesatti. Pursuant to California Rules of Court, Rule 7.952(a), petitioner and claimant are required to attend the hearing on the petition but the court finds good cause to dispense with the appearance of claimant. BACKGROUND On D...

Excerpt: ... 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 July 16, 2018, plaintiff Jane Il Doe, by and through her guardian ad litem, Tom Ishimaru, filed a Third Amended Complaint against defendants Brightstar Residential Incorporated, Inc., ...

Excerpt: ...or Discovery of Peace Officer Personnel Records and Other Records The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. The Los Angeles Police Department shall produce 1. Any and all records relating to John Goslin's attendance from October 10, 2012 to the present including any work schedules, time sheets, time cards, paid and unpaid time off. 2. Any and all records relating to any work-related injury claime...

Excerpt: ...te the Legal Issue of Standing The court considered the moving, opposition, and reply papers. RULING The motion to dismiss is DENIED WITHOUT PREJUDICE. The request to bifurcate the issue of standing is continued to January 28, 2019, to be heard by the trial court. BACKGROUND On March 9, 2018, plaintiffs Jane AH Doe, a minor by and through her guardian ad litem, RH, RH, and JG filed a complaint for (1) negligence, (2) negligent hiring, supervision...

Excerpt: ... The motion is GRANTED. See Interlocutory Judgment of Partition. BACKGROUND On November 26, 2018, plaintiffs John De Maria and Karina Kern filed a complaint against George De Maria and all persons unknown claiming an interest in the property for (1) partition, (2) accounting, (3) appointment of receiver and referee, and (4) declaratory relief and injunctive relief. LEGAL AUTHORITY The purpose of a motion for summary judgment or summary adjudicati...

Excerpt: ...sue of punitive damages. BACKGROUND On September 22, 2017, plaintiff Christopher Sweet filed a complaint against Jonathan Sweet for breach of oral contract and fraud. On February 7, 2018, plaintiff filed a First Amended Complaint. On April 4, 2018, plaintiff filed a Second Amended Complaint. Trial is set for January 15, 2020. LEGAL AUTHORITY Under CCP §598, “[t]he court may, when the convenience of witnesses, the ends of justice, or the econom...

Excerpt: ...LEAVE TO AMEND. BACKGROUND On May 29, 2019, in 19STCV18438, plaintiff James Ryu, aka Huki Ryu, (self-represented) filed a complaint against JP Morgan Chase Bank NA, Quality Loan Services Corp., Trustee Corps. Aka MTC Financial Inc, Pennymac Mortgage Investment, Rochellie Matkin, Eric Alagria and Christina Alegria “and her family trust” and others for (1) wrongful foreclosure, (2) mortgage fraud, (3) quiet title and possession of property, and...

Excerpt: ...papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND. BACKGROUND On May 29, 2019, in 19STCV18438, plaintiff James Ryu, aka Huki Ryu, (self-represented) filed a complaint against JP Morgan Chase Bank NA, Quality Loan Services Corp., Trustee Corps. Aka MTC Financial Inc, Pennymac Mortgage Investment, Rochellie Matkin, Eric Alagria and Christina Alegria “and her family trust” and...

Excerpt: ...t considered the moving papers. No opposition or reply documents were filed. RULING Defendant Groundtech Inc.'s motion to quash is DENIED. Defendant's 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 reques...

Excerpt: ...ULING The motion is DENIED. BACKGROUND On July 8, 2019, Dierdre Ann Jones filed a complaint against Village Pointe Apartments for (1) breach of warranty of habitability, (2) negligent maintenance of premises, (3) negligent per se, (4) nuisance, (5) breach of quiet enjoyment, and (6) IIED. LEGAL AUTHORITY Under CCP § 1281, a “written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforce...

Excerpt: ...STAINED WITH 20 DAYS LEAVE TO AMEND as to the 2 nd and 3 rd affirmative defenses and SUSTAINED WITHOUT LEAVE TO AMEND as to the 4 th affirmative defense. 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. This suit is based on defendant's failure to perform numerous obligations and to make payments required under th...

Excerpt: ... and opposition papers. RULING The motion is DENIED. 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 stipulation for protective order regarding confidential information. On June 1, 2018, plaintiff filed a First Amended Complaint for (1) negligen...

Excerpt: ...moving 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 Toyota be and are dismissed with prejudice. Any and all present and future claims against Toyota by or on behalf of joint t...

Excerpt: ...ers. No opposition was filed. RULING The motion is GRANTED WITH 15 DAYS LEAVE TO AMEND. The word “outrageous” at paras. 24 and 25 and prayer at para. 5 for “punitive damages, as authorized by Cal. Civ. Code §3294” are STRICKEN. BACKGROUND On July 1, 2019, plaintiff David James filed a complaint against defendant Kirstin M. Shauer, trustee of the Nancy L. Weaver Revocable Trust Dated 1/31/14 for (1) violation of Civil Code §1946, (2) vio...

Excerpt: ...e motion is DENIED as to having the clerk of the court execute a deed on the Pierce property in Washington. The motion is GRANTED as to enforcing the agreement by ordering that the parties simultaneously exchange the secured promissory note and Pierce St. quitclaim deed at a mutually agreeable place and date within ten days. BACKGROUND On March 19, 2018, plaintiff Elva Howard filed a complaint against Julia Dobbins for fraud, promissory fraud, br...

Excerpt: ...e moving, opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On June 20, 2019, plaintiffs Regenerate Medical Group and Power Surgical, Inc. filed a complaint Cynthia Arenbart for (1) conversion, (2) misappropriation of trade secrets, (3) intentional interference with contractual relations, (4) intentional interference with prospective economic relations, (5) negligent interference with prospective economic relations, and (6) de...

Excerpt: ...osition was filed. RULING The motion for summary judgment is GRANTED. Plaintiff is ordered to submit a proposed judgment forthwith. 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. LEGAL AUTHORITY The purpose of a motion for summary judgment or summary adjudication “is to provide cou...

Excerpt: ...court considered the moving, opposition, objections and reply papers. RULING The motion is GRANTED in part and DENIED in part. BACKGROUND On January 31, 2019, plaintiff Kathryn Colmey filed a complaint against defendant Providence Health System – Southern California dba Providence Little Company of Mary Medical Center Torrance for elder abuse. Plaintiff alleges that she is 91 and from March 6, 2018 through April 4, 2018, she was admitted as an ...

Excerpt: ...G The demurrer is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. BACKGROUND On January 29, 2019, plaintiff Echelon Medical Capital, LLC filed a complaint against Dr. Kevin Calhoun for (1) conversion, (2) violations of Penal Code §496, (3) fraudulent transfer, (4) tortious interference with contract, and (5) preliminary and permanent injunctive relief. LEGAL AUTHORITY When considering demurrers, courts read the allegations liberally and in context. Taylo...

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 YC072712 On March 2, 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 possessi...

Excerpt: ... to the 6 th cause of action for IIED is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. The motion to strike is ruled on as follows: DENIED as to prayer at 4 and 5, para. 41, and prayer at 12; GRANTED WITHOUT LEAVE TO AMEND as to paras. 39, 74, and 90 and prayer at 7 (treble damages); and GRANTED WITH 20 DAYS LEAVE TO AMEND as to para. 81 and prayer at 7 (exemplary and punitive damages). BACKGROUND On March 1, 2017, plaintiff Maria Dodos, as an individua...

Excerpt: ...ion, and reply papers. RULING The demurrer is OVERRULED as to the 1 st cause of action and MOOT as to the 2 nd and 3 rd causes of action. The 2 nd and 3 rd causes of action are STRICKEN. Defendant is ordered to file an answer within ten days. BACKGROUND On September 23, 2015, plaintiff (self-represented) filed a FAC for (1) financial elder abuse, (2) breach of the implied covenant of good faith and fair dealing, (3) fraud, and (4) injunction reli...

Excerpt: ...d reply papers. RULING The motion is GRANTED. 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 April 20, 2017, La Terrazza filed a cross-complaint against City of...

Excerpt: ...NG The demurrer is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. 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 attachment for a cause of action for fraud. On Feb...

Excerpt: ...on, and reply papers. RULING The demurrer is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 1st through 5 th causes of action. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND as to para. 30 and prayer at 4. with respect to defendant County. BACKGROUND On September 14, 2018, Kevin Jarvis filed a complaint against Regents of the University of California for (1) assault and battery, (2) negligence, (3) false imprisonment, (4) premises liabil...

Excerpt: ...on is GRANTED IN PART and DENIED IN PART. The subpoena to Wells Fargo Bank, N.A. is modified to only include negotiated checks reflected by the check numbers listed on the ledger provided by defendant, which encompasses the time frame January 6, 2006 through December 25, 2014. BACKGROUND On March 13, 2018, plaintiff Douglas G. Hagins filed a complaint against Mary Jo Mueller for (1) breach of contract (partnership agreement), (2) quantum meruit, ...

Excerpt: ...he court considered the moving, opposition, and reply papers. RULING The demurrer is OVERRULED as to the 2 nd and 4 th causes of action. The demurrer to the 1st cause of action is SUSTAINED WITH TEN DAYS LEAVE TO AMEND. BACKGROUND <0048000300350011000300 00440057005700520055[ney in fact for, Reyes H. Soto, real party in interest, filed a complaint against Linda Feliciano, ind. and as trustee of The Schaniel Living Trust for (1) elder abuse, (2) f...