Excerpt: ...mplaint alleges the following causes of action: 1. Breach of Contract; 2. Failure to Pay Wages (Lab. Code, §§ 202, 203, 558); 3. Failure to Pay all Wages at Time of Termination of Employment (Lab. Code, §§ 201, 202, 203, 227.3, 558); and 4. Unfair Competition (Bus. And Prof. Code, § 17200, et seq.) Defendant now moves for summary judgment, or, in the alternative, summary adjudication. An opposition and reply have been filed and considered. I...

Excerpt: ...tiff was a waitress employed by Defendants. Plaintiff was subjected to sexual harassment and was terminated after complaining of the harassment. Plaintiff alleg es the following causes of action: 1. Constructive Discharge 2. Failure to Prevent Harassment, Discrimination, and Retaliation 3. Hostile Work Environment 4. De Facto Sexual Harassment. On September 5, 2023, Defendants' motion to compel arbitration was granted. On September 14, 2023, Plai...

Excerpt: ...Complaint is sustained. The grounds for sustaining the demurrer support a complete stay of the action for reasons noted below. PNC Bank, N.A.'s Motion to Strike Portions of First Amended Complaint is moot. Background Plaintiff's Complaint was filed on March 17, 2023. Plaintiff's First Amended Complaint was filed on April 20, 2023. Plaintiff alleges the following facts. Plaintiff Zula Tucker Living Trust Dated September 15, 2006, Fred Tucker, Trus...

Excerpt: ...Dated December 27, 2018; Isako Nam and Emi Nam, Co -Trustees of the Frank H.C. Nam Family Trust Dated December 27, 2018 filed the Complaint on August 26, 2022. Plaintiffs alleg e the following facts. Plaintiffs own real property located at 1019 Manhattan Beach Blvd., Manhattan Beach, CA, 90266. In 2014, Defendant Manhattan House, L.P. entered into a lease for the premises. In 2015, Defendants Adam Hersh and David Topkins signed a guaranty of leas...

Excerpt: ...int on May 26, 2022. Plaintiff alleges the following facts. Plaintiff is a former employee of Defendant. Plaintiff filed the instant Private Attorney General Act of 2004 ("PAGA") action on behalf of all current and former California- based hourly-paid or non -exempt employees of Defendant within the State of California. Plaintiff alleges the following violations: Failure to Pay Minimum and Overtime Wages; Failure to Provide Paid Sick Leav...

Excerpt: ...aintiff alleges that her 2022 Tesla Model 3 suffers from widespread defects including: body system, powertrain system, safety system, electrical system, braking syste m, and noise system. Plaintiff alleges the following causes of action: 1. Violation of Civ. Code 1793.2(d); 2. Violation of Civ. Code 1793.2(b); 3. Violation of Civ. Code 1793.2(a)(3); 4. Breach of Express Warranty of Merchantability Under the Song-Beverly Warranty Act; 5. Breach of...

Excerpt: ...acts. Plaintiffs' decedent, Jonathan Flagler, a firefighter, died while fighting a fire at 30751 Tarapaca Road Rancho Palos Verdes – a residence owned by Defendant Racisz . Plaintiffs allege causes of action for: 1. Wrongful Death; 2. Survival Action. Meet and Confer Defendant set forth a meet and confer declaration in sufficient compliance with CCP § 430.41. (Decl. Robert M. Juskie.) Request for Judicial Notice Defendant's request for judicia...

Excerpt: ...22, and the First Amended Complaint was filed on May 9, 2022. Plaintiff alleges the following facts. Plaintiff alleges that Defendant breached the contract wherein Defendant was required to service Plaintiff's propellers. Defendant filed a Cross -Complaint on June 30, 2022. Request for Judicial Notice Plaintiff's request for judicial notice is granted pursuant to Evidence Code § 452(d). Motion for Leave to Amend The court may, in furtherance of ...

Excerpt: ...on to Strike Portions of Complaint is denied, in part, and granted with 20 days leave to amend, in part. Background Plaintiffs' Complaint was filed on June 20, 2023. Plaintiffs allege the following facts. Defendant Kyle Bergstresser (“Bergstresser”) owns a home (856 Cypress Ave. Hermosa Beach, California) adjacent to Plaintiffs' home (852 Cypress Ave.). Plaintiffs, thro ugh misrepresentations of Defendants regarding the scope and completion t...

Excerpt: ...ffordable Multi -Family, LLC's Petition to Confirm Arbitration Award is granted. Baronet & Co., Inc.'s Petition to Vacate Arbitration Award is denied. Background Victorville/Desert Springs, L.P. and Affordable Multi- Family, LLC (“Petitioner”) filed the petition on November 15, 2023. The underlying dispute involved a settlement agreement in which petitioner was to make certain payments in exchange for respondent's d ismissal of three breach o...

Excerpt: ... Plaintiff alleges that his 2022 Tesla Model 3 suffers from widespread defects including: body system, powertrain system, safety system, electrical system, braking syste m, and noise system. Plaintiff alleges the following causes of action: 1. Violation of Civ. Code 1793.2(d); 2. Violation of Civ. Code 1793.2(b); 3. Violation of Civ. Code 1793.2(a)(3); 4. Breach of Express Warranty of Merchantability Under the Song-Beverly Warranty Act; 5. Breach...

Excerpt: ...ty of Torrance's Motion to Strike Portions of Third Amended Complaint is moot. Background Plaintiff's Complaint was filed on January 28, 2022. Plaintiff's Third Amended Complaint (“TAC”) was filed on July 12, 2023. Plaintiff alleges the following facts. Plaintiff is a firefighter paramedic for Defendant City of Torrance. In 2011, Plaintiff was diagnosed with a “physical disability, mental disability, or protected condition.” (TAC, ¶ 8.) ...

Excerpt: ...July 13, 2023, and the First Amended Complaint was filed on July 21, 2023. Plaintiff alleges the following facts. While a student at El Segundo Middle School, Plaintiff was groomed and sexually abused by a teacher beginning in 2001 through 2003. Plaintiff alleges the following causes of action: 1. Negligence; 2. Negligent Supervision and Retention; 3. Sexual Battery; 4. Sexual Harassment. Meet and Confer Defendant set forth a meet and confer decl...

Excerpt: ...r employee of Defendants. Plaintiff was discriminated against based on a disability. Plaintiff was misclassified as an exempt employee. Plaintiff was not paid all required wages, including overtime pay. Plaintiff was not provided the required rest and meal breaks during his employment with Defendants. Plaintiff was not provided with accurate payroll records. Plaintiff was not compensated for using his cell phone and personal vehicle for the benef...

Excerpt: ...end, in part, and overruled, in part. KLM, Inc., et al.'s Motion to Strike Portions of Second Amended Complaint is denied. Background Plaintiffs filed the Complaint on December 16, 2022, the First Amended Complaint was filed on March 24, 2023, and the Second Amended Complaint was filed on November 6, 2023. Plaintiffs allege the following facts. Plaintiffs retained Defendants to do work r egarding Plaintiffs' residential remodel project including ...

Excerpt: ...ined with 20 days leave to amend, sustained without leave to amend, in part, and overruled, in part. Background Plaintiff's Complaint was filed on September 12, 2023. Plaintiff alleges the following facts. In September 2020, Plaintiff purchased real property commonly known as 8301 Wiley Post Ave., Los Angeles, CA 90045 (“8301 Wiley Post”). Plaintiff made a down paym ent of 25% of the purchasing price and obtained a loan for the balance with F...

Excerpt: ...ATIVE RULING Janis Wilson's Motion to Compel Further Responses to Special Interrogatories, Set One, from Jan Overman, Individually, and Jan Wilson's Motion to Compel Further Responses to Special Interrogatories, Set One, from Jan Overman, as Co -Trustee are denied, in p art, and moot, in part. The Court notes that numerous other motions are scheduled for hearing on this date. However, pursuant to the stipulation filed on February 26, 2024, all ot...

Excerpt: .... Plaintiffs allege the following facts. Plaintiffs are tenants of a property located at 5408 W. 149th Pl. Unit #3 Hawthorne, California, 90250. The property suffers from numerous habitability problems inclu ding electrical issues, leaks, and mold. Plaintiffs allege the following causes of action: 1. Breach of Contract; 2. Breach of Implied Warranty of Habitability; 3. Refund for Security Deposit and Penalty for Bad Faith Retention; 4. Negligence...

Excerpt: ...and to Dismiss Action as to Artiano Appetizers, only is granted. Background Plaintiff filed the Complaint on January 24, 2019. Plaintiff alleges the following facts. This is a commercial unlawful detainer action. Motion to Set Aside Default CCP § 473(b) states, in relevant part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against ...

Excerpt: ...laintiff filed the Complaint- in-Interpleader on October 17, 2022. Plaintiff alleges the following facts. Plaintiff represented Pamela Hutchins in a motor vehicle injury action. Hutchins sought medical treatment. The medical providers provided services pur suant to a lien. Eventually, Hutchins' action settled for $250,000. Plaintiff filed the instant interpleader action and deposited all monies allocated to the medical providers with the Court. C...

Excerpt: ...omplaint on April 11, 2023, and the First Amended Complaint was filed on May 15, 2023. Plaintiff alleges the following facts. On April 14, 2021, Plaintiff tripped and fell trying to board a Gardena Transit bus. On April 18, 2021, Plaintiff slipped and fell trying to exit a Gardena Transit bus. Plaintiff alleges the following causes of action: 1. Liability Pursuant to Cal. Gov. Code §§ 905 and 945; and Various California Statutes; 2. Liability P...

Excerpt: ...d Plaintiff filed the Complaint on July 13, 2023. Plaintiff alleges the following facts. Plaintiff leased property at 400 East Manchester Boulevard, Suite B, Inglewood, CA 90301 for her bail bond business. The property began to have a foul odor and flood. Th ere was also a broken window that Defendant refused to repair. Plaintiff repaired it herself. In retaliation for Plaintiff deducting the expenses of the repairs from the monthly rental amount...

Excerpt: ...Hospital, Inc.'s Motion to Strike Portions of Complaint is moot, in part, and granted with 20 days leave to amend. Background Plaintiff filed the Complaint on June 21, 2023. The only named Plaintiff is “Damian Eduardo Sarabia, an individual.” Plaintiff alleges the following facts. Plaintiff makes the following allegation: “Plaintiff, at all relevant times herein, was a minor male who was a patient/resident at the Del Amo Behavioral Health S...

Excerpt: ...d with 20 days leave to amend. Background Plaintiff's Complaint was filed on January 3, 2024. Plaintiff alleges the following facts. The Complaint is uncertain and nonsensical in many aspects. However, it appears that the allegations stem from luggage belonging to Plaintiff that Plaintiff contends went missing when it was in the care and custody of Orock Orock. As to the other two named Defendants, it appears that Plaintiff is alleging that these...

Excerpt: ...e following facts. Plaintiff was being transported by Defendant Westmed Ambulance. She was injured when her leg struck an object. Plaintiff alleges the following causes of action: 1. Negligence; 2. Negligence; 3. Medical Malpractice. Meet and Confer Defendant filed a meet and confer declaration in sufficient compliance with CCP § 430.41. (Decl., Lusine Arshakyan.) Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and ra...

Excerpt: ...round Plaintiff filed the Complaint on June 30, 2023. Plaintiff alleges the following facts. Plaintiff fell from a wheelchair because Defendants failed to ensure safe transport from the airport terminal to the parking garage. Plaintiff alleges the following caus es of action: 1. Negligence 2. Negligent Hiring, Training, and Supervision 3. Premises Liability. Motion for Sanctions Pursuant to Code of Civil Procedure section 128.7, subdivision (a), ...

Excerpt: ...lege the following facts. Plaintiffs allege that their 2016 Chrysler 300, which was manufactured and distributed by Defendant, suffers from widespread defects, including transmission and engine defects, and that Defendant has been unable to repair their vehicle within a reasonable number of attempts. Plaintiffs further allege that Defendant knew that the vehicle suffered from the prevalent defects, but nevertheless refused to repurchase the vehic...

Excerpt: ... Complaint on March 27, 2023. Plaintiff alleges the following facts. Plaintiff is a former employee of Defendant. Plaintiff alleges that she was subjected to discriminatory and retaliatory conduct based on her pregnancy status. Plaintiff alleges the following causes of action: 1. Sex and Pregnancy Discrimination in Violation of FEHA Cal. Gov. Code § 12945 2. Failure to Prevent Discrimination, Harassment, or Retaliation in Violation of FEHA Cal. ...

Excerpt: ... to Compel Stephanie Maginnis' Responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents, Set One, and for Monetary Sanctions TENTATIVE RULING Jamshied Pourtemour's Motions to Compel Peter Maginnis' and Stephanie Maginnis' Responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents, Set One, and for Monetary Sanctions are deemed moot, in part, and granted, in part. ...

Excerpt: ...ce. Background Plaintiff filed his Complaint on June 11, 2019. Plaintiff was employed by O'Rourke Construction (“O'Rourke”), a subcontractor hired by the general contractor Defendant Beach House Design & Development (“Beach House”) for a construction project. On June 16, 2017, Plaintiff fell from a scaffold on the jobsite located at 1727 Monterey Boulevard, Hermosa Beach, California 90254. Plaintiff alleged a sole cause of action for Gene...

Excerpt: .... Plaintiffs allege that their 2017 Ford Explorer, which was manufactured and distributed by Defendant, suffers from widespread defects — including the power train defect — and that Defendant has been unable to repair the vehicle within a reasonable number of attempts. Plaintiffs further allege that Defendant knew that the vehicle suffered from the prevalent defects, but nevertheless refused to repurchase the vehicle—a wil lful violation of...

Excerpt: ... filed its Complaint on June 13, 2023. Plaintiff alleges the following facts. This is an action for recognition of a foreign money judgment pursuant to the California Uniform Foreign -Country Money Judgments Recognition Act (“Act”), CCP § 1713, et. seq. Plaintiff obtained six money judgments against Defendant in Singapore. The underlying dispute stemmed from Defendant's repudiatory breach of a contract for the sale of a Boeing 777 -212 aircr...

Excerpt: ...to Sever is denied without prejudice. Background Plaintiff filed the Complaint on April 11, 2023, and the First Amended Complaint was filed on May 15, 2023. Plaintiff alleges the following facts. On April 14, 2021, Plaintiff tripped and fell trying to board a Gardena Transit bus. On April 18, 2021, Plaintiff slipped and fell trying to exit a Gardena Transit bus. Plaintiff alleges the following causes of action: 1. Liability Pursuant to Cal. Gov. ...

Excerpt: ...on of Documents, Set One, and Request for Sanctions is moot, in part, granted, in part, and denied, in part. Background Plaintiff filed the Complaint on February 17, 2023. Plaintiff alleges the following facts. Plaintiff alleges that his 2020 Honda Accord suffers from defects in the computerized driver assistant safety systems. Plaintiff sets forth a cause of action under the Song -Beverly Act for Breach of Express Warranty as well as a cause of ...

Excerpt: ...aint 4. Runway Vista LLC's Motion to Strike Portions of Third Amended Complaint TENTATIVE RULING Beach Front Property Management, Inc.'s and Runway Vista LLC's Demurrers to Third Amended Complaint are sustained with 20 days leave to amend. Beach Front Property Management, Inc.'s and Runway Vista LLC's Motions to Strike Portions of Third Amended Complaint are moot, in part, and granted with 20 days leave to amend, in part. Background Plaintiffs' C...

Excerpt: ...wartz's Motion for Protective Order TENTATIVE RULING Claudette Spinelli Schwartz's Demurrer to Complaint is overruled. Claudette Spinelli Schwartz's Motion to Strike Portions of Complaint is denied. Theodore G. Schwartz's Motion to Compel Defendant's Deposition is granted. Claudette Spinelli Schwartz's Motion for Protective Order is denied, in part, and granted, in part. Background Plaintiff filed the Complaint on September 14, 2023. Plaintiff al...

Excerpt: ... and sustained with 20 days leave to amend, in part. James Raack, et al.'s Motion to Strike Portions of First Amended Complaint is moot, in part, and denied, in part. Background Plaintiffs filed the Complaint on November 18, 2022. Plaintiffs' First Amended Complaint was filed on August 9, 2023. Plaintiffs allege the following facts. Plaintiffs are 25 percent owners of the partnership Westchester Triangle 8. The partnership owns commercial propert...

Excerpt: ... 3. Liberty Mutual Insurance Company's Demurrer to Third Amended Complaint 4. Liberty Insurance Corporation's Demurrer to Third Amended Complaint 5. Rainbow International of Buena Park and Mark Lingurar's Demurrer to Third Amended Complaint 6. Rainbow International of Buena Park and Mark Lingurar's Motion to Strike Portions of Third Amended Complaint 7. Rainbow International LLC's Demurrer to Third Amended Complaint 8. Rainbow International LLC's...

Excerpt: ...fficer Personnel Records (Pitchess) is granted. City of Torrance, et al.'s Motion to File Peace Officer Records Under Seal is granted. Background Plaintiff filed the Complaint on January 15, 2020. The Second Amended Complaint was filed on September 10, 2021. Plaintiff alleges the following facts. Plaintiff was employed as a police officer with the City of Torrance. Plaintiff was investigated for an arrest he made. Thereafter, he was improperly in...

Excerpt: ...est for Production of Documents, Set One, and Request for Sanctions is denied, in part, and granted, in part. Background Plaintiffs filed their Complaint on August 4, 2022. This is a “Lemon Law” case brought by Plaintiffs concerning a 2018 Cadillac XT4. Plaintiffs allege that the vehicle suffers from widespread defects, including electrical defects, engine defects, transmission defects, and non-conformities. Defendant has been unable to repai...

Excerpt: ...a Preliminary Injunction is granted pursuant to Code of Civil Procedure § 526. Background Plaintiff's Complaint was filed on September 12, 2023. Plaintiff alleges the following facts. In September 2020, Plaintiff purchased real property commonly known as 8301 Wiley Post Ave., Los Angeles, CA 90045 (“8301 Wiley Post”). Plaintiff made a down payment of 25% of the purchasing price and obtained a loan for the balance with FCI Lender Services, In...

Excerpt: ...ckground Plaintiff filed the Complaint on February 19, 2019. Plaintiff's Second Amended Complaint was filed on June 22, 2020. Plaintiff alleges the following facts. This case involves the alleged defective construction of Plaintiff's multi-million-dollar home located at 38 Saddleback Road in Rolling Hills, California. The project consisted of the construction of an approximately 9,500 square foot single family residence as well as appurtenances, ...

Excerpt: ...Exhibits is granted. Gina Aiello Jordt's Application to Appear as Counsel Pro Hac is granted. Background Plaintiffs filed their Complaint on June 9, 2020. Plaintiffs allege the following facts. Plaintiffs are the successor in interest and surviving spouse and children of decedent Kenneth Ravizza. Plaintiffs allege that decedent died in 2018 when he suffered cardiac arrest. Plaintiffs allege that an implantable cardioverter defibrillator (“ICD�...

Excerpt: .... Plaintiffs were involved in an auto accident with a vehicle driven by Annick M. Oulia and co-owned by Toh The. Meet and Confer Defendants submitted meet and confer declarations in sufficient compliance with CCP § 2030.090(a) and CCP § 2016.040. (Decls., Yvonne Birch, ¶¶ 1-7.) Motion for Protective Order The Court is authorized to limit discovery through a protective order. The order may be granted on motion of any party or other person affe...

Excerpt: ...is is an unlawful detainer action as to the following residential property: 512 Evergreen Street, #309, Inglewood, CA 90302. Defendants have failed to vacate the premises after defaulting on their loan and losing their property to foreclosure. Demurrer Delta Imports v. Municipal Court (1983) 146 Cal.App.3d 1033, 1036 holds that a motion to quash service of summons is the proper procedure to test whether a complaint states a cause of action for un...

Excerpt: ...achado's Motion for Leave to File First Amended Complaint TENTATIVE RULING Marshalls of California, LLC and The TJX Companies, Inc.'s Motion to Dismiss is denied. Ana Lourdes Machado's Motion for Leave to File First Amended Complaint is granted. Background Plaintiff's Complaint was filed on March 7, 2023. Plaintiff alleges the following facts. Plaintiff slipped and fell at Marshall's in Torrance. Plaintiff alleges the following causes of action: ...

Excerpt: ... C a r los Es que d a , et a l. 's Mot i on f or P os t Judgment Attorneys' Fees and Costs is granted. Background Plaintiffs filed this action on April 16, 2018. This is an action related to alleged construction defects from services provided by Defendants to Plaintiffs on a home improvement project. The matter proceeded to arbitration and Plaintiffs prevailed at arbitration. The arbitration award was confirmed, and judgment was entered on Decemb...

Excerpt: ...t 626 Rosecrans Avenue, Manhattan Beach, California 90266. The parties settled and agreed to a stipulated judgment. Defendants breached the settlement agreement. Judgment for possession was entered for Plaintiff and against Defendants on December 16, 2022. A writ of possession was issued. Thereafter, a money judgment was entered on February 8, 2023, in the amount of $129,822.77. Motion to Unseal Records Code Civ. Proc., § 1161.2 states, in relev...

Excerpt: ...e Company of Mary Medical Center Torrance (“PLCMMCT”) Motion for Summary Judgment TENTATIVE RULING Providence Health System-Southern California's dba Providence Little Company of Mary Medical Center Torrance (“PLCMMCT”) Motion for Summary Judgment is granted. Background Plaintiffs filed the Complaint on May 6, 2021, and the First Amended Complaint was filed on October 18, 2021. Plaintiffs allege the following facts. Defendants negligently...

Excerpt: ... Dismiss Proceedings is denied without prejudice. Background Plaintiff filed the Complaint on July 14, 2023. Plaintiff's First Amended Complaint was filed on September 21, 2023. Plaintiff alleges the following facts. Plaintiff, Frank Roldan, Jr., an eleven-month-old infant, swallowed methamphetamines left in a hotel owned and managed by Sonesta International Hotels Corporation (“Sonesta”). This incident occurred because Defendant Sonesta fail...

Excerpt: ...ULING Fit-Tech Service, Inc.'s Motion to Quash Service of Summons and Motion to Dismiss is granted. Background Plaintiff filed the Complaint on February 26, 2020. Plaintiff alleges the following facts. Plaintiff suffered injuries from a fall on August 8, 2019 from a Matrix exercise bike at Dave Fisher's Powerhouse Gym. Plaintiff alleges the following causes of action: 1. General Negligence; 2. Premises Liability; 3. Products Liability. On June 25...

Excerpt: ...S.'s Motion for Summary Judgment is granted. Background Plaintiff filed the Complaint on February 20, 2020. Plaintiff's Second Amended Complaint was filed on March 21, 2022. Plaintiff alleges the following facts. Plaintiff has suffered complications and injury due to the placement of dental implants which was performed by Defendant Sison, D.D.S. Plaintiff alleges causes of action for (1) Dental Malpractice; (2) Lack of Informed Consent; (3) Negli...

Excerpt: ...aint on April 11, 2023. On June 20, 2023, Plaintiff made substitutions for Does 1 to 3 as follows: Desolation Partners, Inc., Eric Pipkin, and The Madison Melle Agency. Plaintiff filed the First Amended Complaint on July 28, 2023. Plaintiff alleges the following facts. Plaintiff is a management company of commercial properties. The dispute relates to Plaintiff's management of hotel properties owed by Tahoe Stateline Enterprises, LLC. Plaintiff al...

Excerpt: ... Motion to Strike Portions of Complaint TENTATIVE RULING R. Scott Tucker & Associates, et al.'s Demurrer to Complaint is deemed moot by the Court. R. Scott Tucker & Associates, et al.'s Motion to Strike Portions of Complaint is deemed moot by the Court. The Court strikes the Complaint on its own motion pursuant to CCP § 436 and enters a dismissal of the entire instant action with prejudice. Background Plaintiff filed his Complaint on May 5, 2023...

Excerpt: ...v, Inc.'s Motion to Strike Portions of Complaint TENTATIVE RULING North Oak Real Estate Inv, Inc.'s Demurrer to Complaint is sustained with 20 days leave to amend, in part, and overruled, in part. North Oak Real Estate Inv, Inc.'s Motion to Strike Portions of Complaint is moot, in part, and granted with 20 days leave to amend, in part. Background Plaintiffs' Complaint was filed on March 29, 2023. Plaintiffs allege the following facts. Plaintiffs ...

Excerpt: ... Complaint was filed on December 29, 2022. Plaintiff alleges the following facts. Plaintiff alleges that he was sexually assaulted when he was a minor at Saint Bernard High School. Meet and Confer Defendant filed a meet and confer declaration in sufficient compliance with CCP S 435.5. Lee W. Potts.) Motion to Strike The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or imp...

Excerpt: ...days leave to amend, in part, and overruled, in part. Jayi Chiang, et al.'s Motion to Strike Portions of First Amended Cross-complaint is moot, in part, and granted with 20 days leave to amend, in part. Background Plaintiff's Complaint was filed on June 16, 2021. Plaintiff alleges the following facts. Plaintiff entered into a contract with Defendants. Defendants agreed to build Plaintiff a restaurant in exchange for Plaintiff paying $80,cm and en...

Excerpt: ...int on April 29, 2021. Plaintiff's operative Second Amended Complaint was filed on May 9, 2022. Plaintiff alleges the following facts. Plaintiff alleges that he was sexually abused by Daniel Donohue, a mentor that he met through a youth mentor program run by Defendants. Plaintiff's FAC alleged the following causes of action: 1. Sexual Battery; 2. Gender Violence; 3. Sexual Harassment (Civil Code § 51.9); 4. Unfair Business Practices (Business an...

Excerpt: ...omplaint is sustained with 20 days leave to amend, in part, and without leave to amend, in part. Doe #1's Motion to Strike Portions of Complaint is granted without leave to amend, in part, and denied, in part. Background Plaintiff's Complaint was filed on November 15, 2022. Plaintiff alleges the following facts. In or about 1980, Plaintiff, a special needs student, was sexually assaulted as a child at Inglewood High School by a teacher – Doe # ...

Excerpt: ...Hoover Property, Inc., et al.'s Motion to Strike Portions of Second Amended Complaint TENTATIVE RULING 401 South Hoover Property, Inc., et al.'s Demurrer to Second Amended Complaint is sustained without leave to amend. 401 South Hoover Property, Inc., et al.'s Motions to Strike Portions of Second Amended Complaint is moot, in part, and granted without leave to amend, in part. Background Plaintiffs' Complaint was filed on October 1, 2019. Plaintif...

Excerpt: ...Strike Portions of Third Amended Complaint TENTATIVE RULING Riley Johnson, Jr., et al.'s Demurrer to Third Amended Complaint is overruled. Riley Johnson, Jr., et al.'s Motion to Strike Portions of Third Amended Complaint is denied. Background Plaintiff's Complaint was filed on January 3, 2022. Plaintiff's First Amended Complaint was filed on June 1, 2022. Plaintiff's Second Amended Complaint was filed on February 14, 2023. Plaintiff's Third Amend...

Excerpt: ...Ford Motor Company's Demurrer to Complaint is overruled. South Bay Ford Lincoln's Demurrer to Complaint is sustained with 20 days leave to amend. Background Plaintiff filed the Complaint on April 4, 2023. Plaintiff alleges the following facts. Plaintiff alleges that his 2017 Ford F150 suffers from transmission, engine, infotainment, electrical, steering, body, and other defects. Plaintiff sets forth causes of action under the Song-Beverly Act inc...

Excerpt: ..., CPA 3. John Munn's Motion to Quash Subpoena for Business of Records of Titan Financial & Insurance Services, Inc. 4. John Munn's Motion to Quash Subpoena for Business Records of U.S. Bank N.A. 5. Michael R. Huff's Motion to be Relieved as Counsel for David W. Munn TENTATIVE RULING David Munn's Motion to Compel Production of Documents (1) Kenneth Peterson, CPA, (2) Titan Financial & Insurance Services, Inc., and (3) U.S. Bank, N.A. is denied. Jo...

Excerpt: ...of Documents, Set One, and Request for Sanctions TENTATIVE RULING Irma Hernandez Mata, et al.'s Motion to Compel Further Responses to Request for Production of Documents, Set One, and Request for Sanctions is moot, in part, denied, in part, and granted, in part. Background Plaintiffs filed their Complaint on August 19, 2022. This is a “Lemon Law” case brought by Plaintiffs concerning a 2021 GMC Sierra. Plaintiffs allege that the vehicle suffe...

Excerpt: ...ound Plaintiff filed the Complaint on December 21, 2022. Plaintiff alleges the following facts. Defendant breached the commercial lease agreement by failing to pay the full rent. Plaintiff alleged a cause of action for Breach of Contract. Defendant filed a First Amended Cross-Complaint. Cross-Complainant alleges that Cross-Defendant breached the lease by refusing to make the repairs required by the lease and by interfering with Cross-Complainant'...

Excerpt: ...and KCS West, Inc.'s Joinder to Motion to Consolidate are granted. Jenna E. Ross's Application to Appear as Counsel Pro Hac Vice is granted. Background Plaintiff filed the Complaint on December 30, 2022. Plaintiff alleges the following facts. The action stems from a commercial real estate project. Silicon Beach is the owner of real property located at 6733 South Sepulveda Blvd., Los Angeles, California. The property was the subject of the develop...

Excerpt: ...r 4, 2022. Plaintiffs allege the following facts. Plaintiffs alleges that their 2019 Ford Explorer suffers from electrical, engine, suspension, and exterior defects. Plaintiffs set forth two causes of action under the Song-Beverly Act, against only Ford Motor Company, as well as a cause of action for Negligent Repair alleged only against moving Defendant. Meet and Confer Defendant filed a meet and confer declaration in sufficient compliance with ...

Excerpt: ...ied, in part. Background Plaintiff filed the Complaint on February 17, 2023. Plaintiff alleges the following facts. Plaintiff is the former owner of real property located at 10225 South 7th Avenue, Inglewood, California 90303. The property was transferred away from Plaintiffthrough forgery. Plaintiff alleges the following causes of action: 1. Slander of Title; 2. Quiet Title; 3. Declaratory Relief; 4. Cancellation of Written Instrument; 5. Violat...

Excerpt: ...tiffs filed the Complaint on April 7, 2023. Plaintiffs allege the following facts. Plaintiffs allege that their 2019 Mercedes C300W suffers from transmission, electrical, engine and brake defects. Plaintiffs set forth causes of action under the Song-Beverly Act. Request for Judicial Notice Defendant's request for judicial notice is granted pursuant to Evidence Code section 452(d). Motion to Compel Arbitration “California law reflects a strong p...

Excerpt: ... Strike Complaint TENTATIVE RULING TCM Supply Corporation's Demurrer to Complaint is overruled. TCM Supply Corporation's Motion to Strike Complaint is denied. Background Plaintiff filed the Complaint on March 24, 2023. Plaintiff alleges the following facts. Defendant manufactures, packages, distributes, markets, and/or sells consumer products that contain lead. Plaintiff seeks to cause Defendant to warn consumers in California that they are being...

Excerpt: ... Production (Set Two); (2) Supplemental Requests For Production of Documents (Set One); and (3) Supplement Interrogatories (Set One), and Request for Monetary Sanctions 2. Helen Barrera, et al.'s Motion to Compel Attendance of Defendant LAUSD's Person Most Knowledgeable Deposition and Request for Monetary Sanctions 3. Helen Barrera, et al.'s Motion for Order That Matters Be Deemed Admitted as to Defendant Richard Da Sylveira and Request for Monet...

Excerpt: ...r 3. Robinson Helicopter Company, Inc.'s Motion for an Order (1) Staying Plaintiffs' Action in its Entirety Pending the Court's Ruling on Defendant's Motion to Compel Arbitration; and (2) Staying Plaintiffs' Representative Private Attorneys General Act (“PAGA”) Action TENTATIVE RULING Robinson Helicopter Company, Inc.'s Motion to Compel Arbitration of Individual PAGA Claim and to Dismiss Representative PAGA Claim is granted, in part, and deni...

Excerpt: ...nd. KLM, lnc„ et al.'s Motion to Strike Portions of First Amended Complaint is granted with 20 days leave to amend. Background Plaintiffs filed the Complaint on December 15, 2022, and the First Amended Complaint was filed on March 24, 2023. Plaintiffs allege the following facts. Plaintiffs retained Defendants to do work regarding Plaintiffs' residential remtxlel project including shoring, grading, and excavation. Defendants misrepresented the s...

Excerpt: ...3, 2019. Plaintiff alleges the following facts. Defendant failed to make payment on a home improvement project completed by Plaintiff. Plaintiff alleges the following causes of action: 1. Breach of Contract; 2. Services Rendered; 3. Unjust Enrichment; 4. Quantum Meruit; 5. Open Book Account; 6. Foreclosure of Mechanic's Lien; 7. Intentional Misrepresentation; 8. Negligent Misrepresentation. Defendant filed a Cross-Complaint. Sayo Sasaki passed aw...

Excerpt: ... prejudice. Background Plaintiffs filed the Complaint on February 28, 2019, and the First Amended Complaint was filed on December 26, 2019. Plaintiffs allege the following facts. Defendant Citadel Re and Investments, LLC (“Citadel”) owes Plaintiffs on various promissory notes. In addition, Defendants Citadel and Carl Le fraudulently induced the loans. Plaintiffs allege the following causes of action: 1. Breach of Contract; 2. Fraud. Motion to...

Excerpt: ...lowing facts. Plaintiff alleges that the subject 2018 Tesla Model X, which was manufactured and distributed by Defendant Tesla Motors, Inc., suffered from widespread defects including: defective powertrain system, safety system, braking system, noise defect, body system, and electrical system. Plaintiff alleges causes of action based on violations of the Song-Beverly Warranty Act. Request for Judicial Notice Tesla Inc.'s request for judicial noti...

Excerpt: ...is overruled. Background Plaintiff filed the Complaint on April 3, 2023. Plaintiff alleges the following facts. Defendant breached the commercial lease agreement by failing to pay operating expenses. Plaintiff alleges causes of action for Breach of Contract and Common Counts. Meet and Confer Defendant set forth a meet and confer declaration in sufficient compliance with CCP § 430.41. (Decl., Bradley E. Jewett.) Demurrer A demurrer tests the suff...

Excerpt: ...e following facts. Plaintiffs were on the premises located at 441 23rd Street, Manhattan Beach, CA 90266. Plaintiff Liam Umer, a minor, was using an elevator installed by Defendant RD Waldman Construction, Inc. Plaintiff Liam Umer's left arm was caught on the metal framing of the PVE vacuum elevator causing him to suffer injuries to his left arm and hand. Defendants Joseph Odekerken and Joris Dasen were the owners of the subject property. Odekerk...

Excerpt: ...ERIOR COURT – SOUTHWEST DISTRICT Honorable Gary Y. Tanaka Tuesday, October 10, 2023 Department B Calendar No. 11 PROCEEDINGS John Doe v. Doe 1, et al. 21STCV16267 1. Big Brothers Big Sisters of America's Motion for Leave to File First Amended Cross-Complaint TENTATIVE RULING Big Brothers Big Sisters of America's Motion for Leave to File First Amended Cross- Complaint is denied without prejudice. Background Plaintiff filed his Complaint on April...

Excerpt: ...s, LLC's Motion to Strike Portions of First Amended Complaint is denied. Background Plaintiff filed the Complaint on October 31, 2022, and the First Amended Complaint on April 28, 2023. Plaintiff alleges the following facts. Plaintiff alleges that his 2018 Chevrolet Silverado 15W suffers from defects in the transmission. Plaintiff sets forth causes of action under the Song-Beverly Act as well as a cause of action for Fraudulent Inducement-conceal...

Excerpt: ...und Plaintiff filed the Complaint on February 1, 2023. Plaintiff alleges the following facts. Defendants breached the lease with respect to commercial premises located at 1332 Hermosa Ave., Suite 4, Hermosa Beach, CA 90254. Motions to Quash Code Civ. Proc., § 415.10 states: “A summons may be served by personal delivery of a copy of the summons and of the complaint to the person to be served. Service of a summons in this manner is deemed comple...

Excerpt: ...olice Departments' Motion for Use of Peace Officer Personnel Records (Pitchess) is denied without prejudice. City of Torrance, et al.'s Motion to Compel Further Responses to Special Interrogatories, Set One is granted. Background Plaintiff filed the Complaint on January 15, 2020. The Second Amended Complaint was filed on September 10, 2021. Plaintiff alleges the following facts. Plaintiff was employed as a police officer with the City of Torrance...

Excerpt: ...rs filed the Petition on May 16, 2023. Petitioners allege the following facts. This action arises from an agreement to provide legal services. The parties proceeded to non- binding arbitration. Petitioners file the instant petition to request binding arbitration. Petition to Compel Arbitration “California law reflects a strong public policy in favor of arbitration as a relatively quick and inexpensive method for resolving disputes. [Citation.] ...

Excerpt: ...ng facts. Plaintiffs allege that their 2021 Ford Explorer suffers from defects - suspension, exterior, structural, engine, and electrical. Plaintiff sets forth a cause of action under the Song-Beverly Act for Breach of Express and Implied Warranty as well as a cause of action for "Negligent Repair." Meet and Confer Defendant set forth a meet and confer declaration 430.41. (Decl„ Ravi K. Lally.) Demurrer in sufficient compliance with CCP S A dem...

Excerpt: ...es, et al.'s Motion to Strike Portions of First Amended Complaint is denied. Background Plaintiffs' Complaint was filed on September 13, 2022. The First Amended Complaint was filed on May 11, 2023. Plaintiffs allege the following facts. Plaintiffs are tenants/residents at 222 W. Lime Street Apartment C, Inglewood, California 90301 pursuant to a lease agreement. Defendants are the owners and/or managers. The property suffers from water intrusion a...

Excerpt: ...nded Cross-Complaint is overruled, in part, and sustained with 20 days leave to amend, in part. Credit Card Services, Inc.'s Motion to Strike Portions of First Amended Cross- Complaint is deemed moot. Background Plaintiff filed the Complaint on November 4, 2022. Plaintiff alleges the following facts. Plaintiff's grocery market customers, who used defendant's software, started to complain to Plaintiff about defects in the services. Defendants were...

Excerpt: ... Credit Union's Demurrer to First Amended Complaint is sustained with 20 days leave to amend, in part. As to the first and third causes of action, the Court, on its own motion, orders these causes of action stricken, without leave to amend, from the First Amended Complaint. Background Plaintiff filed the Complaint on June 21, 2022 and the First Amended Complaint on May 11, 2023. Plaintiff alleges the following facts. This action arises from the r...

Excerpt: ...ond Amended Complaint 4. Active Environmental Solutions, LLC and Joshua Lingurar's Motion to Strike Portions of Second Amended Complaint 5. Liberty Mutual Insurance Company's Demurrer to Second Amended Complaint 6. Liberty Insurance Company's Demurrer to Second Amended Complaint TENTATIVE RULING Manuel Rocha's Demurrer to and Motion to Strike Portions of Second Amended Complaint are deemed moot. Manuel Rocha was dismissed on August 25, 2023. Acti...

Excerpt: ...n to Strike Portions of Complaint is denied. Background Plaintiffs filed the Complaint on September 29, 2021. Plaintiffs allege the following facts. Plaintiffs' decedent, Betty Webb, was admitted to Las Flores Convalescent Hospital. Decedent was admitted due to an infection, mobility assistance, lack of mobility, fall risks, and for other limiting conditions. Due to the egregious conduct of Defendants, decedent died on May 16, 2020. Plaintiffs al...

Excerpt: ...e following facts. Plaintiffs allege that the subject 2020 Tesla Model X, which was manufactured and distributed by Defendant Tesla Motors, Inc., suffered from widespread defects including: defective body system; defective safety system; defective locking system; defective electrical system. Plaintiffs allege causes of action based on violations of the Song-Beverly Warranty Act. Request for Judicial Notice Tesla Inc.'s request for judicial notice...

Excerpt: ...eges the following facts. Plaintiff was a tenant and rented a room from Defendant. Defendant sexually harassed Plaintiff on numerous occasions. Defendant then evicted Plaintiff when she refused Defendant's advances and assaulted and battered her when she warned other potential tenants. Plaintiff alleges causes of action for: 1. Retaliatory Eviction; 2. Breach of the Implied Covenant of Quiet Enjoyment; 3. Constructive Eviction; 4. Battery; 5. Ass...

Excerpt: ...dings and for Sanctions, or, in the Alternative, to Compel Defendants to Pay the Arbitration Filing Fee is denied. Background Plaintiff filed the Complaint on April 23, 2021. Plaintiff alleges the following facts. Plaintiff is a former employee of Defendant. Plaintiff alleges that he was wrongfully terminated, and that Defendant failed to pay Plaintiff all wages owed. Plaintiff alleges the following causes of action: 1. Failure to Provide Overtim...

Excerpt: .... Brown's Motion to Strike Portions of Complaint is denied. Background Plaintiff filed the Complaint on October 14, 2022. Plaintiff alleges the following facts. Plaintiff and Defendant Thomas T. Brown entered into a loan transaction secured by the real property located at 72 The Strand #2 Hermosa Beach, CA. After the foreclosure sale of the property, Plaintiff discovered that, on the eve of foreclosure, Brown entered into leases concerning the pr...

Excerpt: ...s' Motion for Summary Adjudication as to RD Construction, Inc. TENTATIVE RULING Atkinson and Associates' Motions for Summary Adjudication are denied. Background Plaintiff filed the Complaint on September 3, 2019. Plaintiff alleges the following facts. This matter involves contractual and construction defect related claims arising from a multi- family development project located at or about 8740 La Tijera Blvd. (“Project”) owned by 8740 La Tij...

Excerpt: ...r Verified Responses to Request for Production of Documents, Set Two TENTATIVE RULING Andrew Lwin's Motion to Compel Verified Responses to Special Interrogatories, Set One is granted. Andrew Lwin's Motion for Order Deeming Truth of Facts to Requests for Admissions, Set Two is granted. Andrew Lwin's Motion to Compel Plaintiff to Provide Further Verified Responses to Request for Production of Documents, Set Two is granted. Background Plaintiff file...

Excerpt: ... Flood Relocation, Inc. and Kevin Troy Box's Motion to Dismiss is denied. Background Plaintiff Betty Tansavatdi (“Plaintiff”) filed this action on September 9, 2016, against defendants Daryl Flood Relocation, Inc. (erroneously sued and served as Daryl Flood Warehouse and Movers, Inc.), Kevin Troy Box, and Supamon Supanichthavorn. Plaintiff filed a related action, BC652435, against Defendant City of Rancho Palos Verdes (“City”) on March 1,...

Excerpt: ...otion to Dismiss Plaintiff's First Amended Complaint 3. Order to Show Cause re: Dismissal TENTATIVE RULING Marcia Lynn Sattgast Taleff's Demurrer to First Amended Complaint is sustained with 20 days leave to amend. Marcia Lynn Sattgast Taleff's Motion to Dismiss Plaintiff's First Complaint is denied without prejudice. Background Plaintiff filed the Complaint on January 22, 2020. Plaintiff's First Amended Complaint was filed on February 24, 2022. ...

Excerpt: ... Center Operating Company, LLC's Motion to Strike Defendant Slater Torrance LLC's Answer and Enter its Default for Willful Disobedience of Court Order is granted. Background Plaintiff filed the Complaint on April 28, 2022. Plaintiff alleges a sole cause of action for Unlawful Detainer. Plaintiff alleges the following facts. Plaintiff was, and is, the owner of those certain premises commonly known as Del Amo Fashion Center, 3525 Carson Street, Roo...

Excerpt: ...ss Non-Individual PAGA is granted, in part, and denied, in part. Background Plaintiff filed the Complaint on September 29, 2022. Plaintiff alleges the following facts. Plaintiff is a former employee of Defendant. Defendant failed to provide proper break and rest periods. Defendant failed to compensate Plaintiff at the required rate for all the hours worked. Defendant failed to provide accurate payroll records. Plaintiff alleges the following caus...

Excerpt: ...end Advance Funding, II, LLC's Carlos Esqueda, et al.'s Motion to Amend Judgment is denied without prejudice. Background Plaintiff filed this action on October 12, 2022. This is an action for breach of a purchase and sale of future receipts agreement. On April 7, 2022, default judgment was entered in favor of Plaintiff and against Defendants in the sum of $40,888.87. Motion to Amend Judgment A court has inherent power to use “all the means nece...