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: ...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: ...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: ...ed the Complaint on February 9, 2022. Plaintiff alleges the following facts. Plaintiff is a licensed low voltage contracting company. Jason Paul Guillen is a former employee of Plaintiff who quit his job. Defendants engaged in a similar business and formed an entity with a similar name to Plaintiff. Defendants then contacted Plaintiff's customers and misrepresented that Plaintiff was out of business. Defendants stole customers and personal proper...

Excerpt: ...NTATIVE RULING Steven Oppenheimer, et al.'s Motion for Partial Relief from Stay/Modification of Stay Order is denied. Background Plaintiffs filed the Complaint on July 12, 2019, and the First Amended Complaint was filed on July 14, 2020. Plaintiffs allege the following facts. Plaintiff Avery Oppenheimer suffered brain injuries when Defendant Maria Acosta, in the course and scope of her employment with Public Storage, drove a cart on a driveway/wa...

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...

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: ...nctions 3. PRG Group, LLC's Motion to Compel Further Responses to Special Interrogatories, Set One and Request for Sanctions 4. PRG Group, LLC's Motion to Compel Production of Documents to Set One and Request for Sanctions 5. PRG Group, LLC's Motion to Compel the Deposition of the PMQ of Defendant Kennedy Holdings, LLC and Request for Sanctions TENTATIVE RULING PRG Group, LLC's Motions to Compel and Requests for Sanctions are granted. Background ...

Excerpt: ...ard TENTATIVE RULING Forward Financing, LLC's Petition to Confirm Arbitration Award is continued. Background Petitioner Forward Financing, LLC (“Petitioner” or “Forward”) filed the instant petition on July 28, 2022. Petitioner and respondents were parties to an underlying arbitration proceeding pursuant to the American Arbitration Association (“AAA”) related to respondent's breach of the Future Receipts Sales Agreement between the par...

Excerpt: ...to Strike Portions of Complaint 3. Marriott Hotel Services, Inc.'s, erroneously served and sued as "Torrance Marriott Redondo Beach," Demurrer to Complaint 4. Marriott Hotel Services, Inc.'s, erroneously served and sued as "Torrance Marriott Redondo Beach," Motion to Strike Portions of Complaint 5. Marriott Hotel Service, Inc.'s, erroneously served as "Torrance Marriott Redondo Beach" Motion to Quash Service of Summons and Complaint TENTATIVE RUL...

Excerpt: ...ded Complaint TENTATIVE RULING Space Exploration Technologies Corp. and John Lynn Moberly's Demurrer to First Amended Complaint is sustained with 20 days leave to amend. Background Plaintiffs' Complaint was filed on January 30, 2023, and the First Amended Complaint was filed on April 7, 2023. Plaintiffs allege the following facts. On or about February 2, 2021, Plaintiff Randall Smyres was loading roofing materials onto a basket connected to the e...

Excerpt: ..., et al.'s Motion for Leave to File Second Amended Complaint is denied. Background Plaintiff Princess Obienu filed her original Complaint on July 16, 2020. The First Amended Complaint was filed on April 11, 2022 by Plaintiff Tamunomietta Jaja. Plaintiffs allege the following facts. Plaintiffs lived at the apartment located at 818 Austin Avenue, Unit 8, Inglewood, California. However, the conditions in which they lived were uninhabitable due to wa...

Excerpt: ...er 15, 2022. Plaintiff alleges the following facts. On November 17, 2020, Plaintiff was involved in an auto accident with a vehicle driven by “John Doe.” The vehicle driven by John Doe was owned and entrusted by EAN Holdings, LLC and EAN Holdings dba Enterprise Rent A Car. Plaintiff alleges the following causes of action: 1. Motor Vehicle; 2. General Negligence. Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and r...

Excerpt: ...te and Prohibition TENTATIVE RULING Los Angeles County Department of Health's Demurrer to Third Amended Petition for Writ of Mandate and Prohibition is sustained without leave to amend. Palos Verdes Peninsula Unified School District's Demurrer to Third Amended Petition for Writ of Mandate and Prohibition is sustained without leave to amend. Background Petitioner filed the Petition for Writ of Mandate and Prohibition on December 13, 2021. Petition...

Excerpt: ...nded Cross-Complaint is sustained with 20 days leave to amend. Pacific Coast Co., Ltd.'s Motion to Strike Portions of First Amended Cross-Complaint is moot. Background Plaintiff filed the Complaint on March 28, 2022, and the First Amended Complaint on June 10, 2022. Plaintiff alleges the following facts. In December 2020, Defendant Daniel Choi approached Luke Shim, CEO of Plaintiff Pacific Coast Co., Ltd. dba Brincfi (“Brincfi”). Defendant wa...

Excerpt: ...t. Joris Dassen's Motion to Dismiss Defective DOE Amendment is denied, in part, and granted, in part. Background Plaintiffs filed the Complaint on February 9, 2021. Plaintiffs allege the 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 Defendants RD Waldman Construction, Inc. Plaintiff Liam Umer's left arm was caught on the meta...

Excerpt: ... the Complaint on February 14, 2023. Plaintiff alleges the following facts. Plaintiff was a waitress employed by Defendants. Plaintiff was subjected to sexual harassment and was terminated after complaining of the harassment. Plaintiff alleges 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. Motion to Compel Arbitr...

Excerpt: ...o Strike Portions of Second Amended Complaint TENTATIVE RULING Riley Johnson, Jr., et al.'s Demurrer to Second Amended Complaint is sustained without leave to amend. Riley Johnson, Jr., et al.'s Motion to Strike Portions of Second Amended Complaint is granted without leave to amend, in part, and moot, in part. Background Plaintiff's Complaint was filed on January 3, 2022. Plaintiff's First Amended Complaint was filed on June 1, 2022. Plaintiff's ...

Excerpt: ...is continued. Background Plaintiffs filed their Complaint on January 8, 2021. Plaintiffs allege the following facts. The action concerns negligence and construction defects with respect to Plaintiffs' real property located 2271 Estribo Drive in Rolling Hills Estates, California. Upon purchasing, Plaintiffs became aware of several defects that were never disclosed. Plaintiffs allege the following causes of action: 1. Negligence; 2. Violation of Bu...

Excerpt: ... is granted. Background Plaintiff's Complaint was filed on December 6, 2010. This is an action to quiet title and for partition of real property commonly known as 411 36th Street, Manhattan Beach, California 90266 (“subject real property”). On August 9, 2012, the parties entered into a Settlement Agreement and Mutual Release. On June 16, 2015, an Interlocutory Judgment Pursuant to Stipulation for Judgment was filed. Motion to Enforce Judgment...

Excerpt: ...d Plaintiff filed the Complaint on April 29, 2022. Plaintiff alleges the following facts. Since 1958, Plaintiff Bennett R. Georgen has owned the residential property located at 404 S. Juanita Avenue, Redondo Beach, California 90277. In June 2021, Defendant breached a land sales contract to purchase the Property from Plaintiff. Plaintiff alleges the following causes of acton: 1. Breach of Written Note; 2. Quiet Title; 3. Declaratory Relief. Defend...

Excerpt: ...by Defendants at the restaurant that Plaintiff owns. Plaintiff alleges the following causes of action: 1. Battery; 2. Assault; 3. IIED: 4. Acts Motivated by Race etc...in Violation of Ralph Act (Civ. Code §51.7). Request for Judicial Notice Plaintiff's request for judicial notice is granted in part. Pursuant to Evidence Code section 452(h), the Court only takes judicial notice of the existence of the matters to which the request is directed. By ...

Excerpt: ...by Defendants at the restaurant that Plaintiff owns. Plaintiff alleges the following causes of action: 1. Battery; 2. Assault; 3. IIED: 4. Acts Motivated by Race etc...in Violation of Ralph Act (Civ. Code §51.7). Request for Judicial Notice Plaintiff's request for judicial notice is granted in part. Pursuant to Evidence Code section 452(h), the Court only takes judicial notice of the existence of the matters to which the request is directed. By ...

Excerpt: ...ied. Background Plaintiff filed the Complaint on November 3, 2022. Plaintiff alleges the following facts. Plaintiff alleges that his 2019 Honda Pilot suffers from transmission, engine, power train, safety, and electrical defects. Plaintiff sets forth causes of action under the Song-Beverly Act as well as causes of action for Breach of the Implied Warranty of Merchantability and Breach of Express Warranty. Request for Judicial Notice Defendant and...

Excerpt: ...ied. Background Plaintiff filed the Complaint on November 3, 2022. Plaintiff alleges the following facts. Plaintiff alleges that his 2019 Honda Pilot suffers from transmission, engine, power train, safety, and electrical defects. Plaintiff sets forth causes of action under the Song-Beverly Act as well as causes of action for Breach of the Implied Warranty of Merchantability and Breach of Express Warranty. Request for Judicial Notice Defendant and...

Excerpt: ...Stay Entire Action is moot, in part, and denied, in part. Ford Motor Company and Airport Marina Ford's Motion to Compel Arbitration and to Stay Action is denied. Background Plaintiff filed the Complaint on November 10, 2022. Plaintiff alleges the following facts. Plaintiff alleges that her 2020 Ford Explorer suffers from transmission, engine, brake, and electrical defects. Plaintiff sets forth causes of action under the Song-Beverly Act as well a...

Excerpt: ...022. Plaintiff alleges the following facts. Plaintiff alleges that her 2020 BMW 540i suffers from widespread defects including “leaking valve stem replacement, leaking coolant expansion tank replacement, defective rear USB charging ports, USB charging port replacement, software issues, service action SI B12 06 21, faulty iDrive screen, brake squeaking when coming to a slow stop, faulty heads up display, and intermittent steering wheel movement....

Excerpt: ... Complaint on May 31, 2018. Plaintiffs' First Amended Complaint was filed on October 15, 2018. Plaintiffs allege the following facts. From 1982 to 2000, Plaintiff Dan O' Leary worked for The Boeing Company (“Boeing”) as an electrical journeyman at Boeing. (First Am. Compl. (“FAC”) ¶ 20) Plaintiffs allege that, during this time, Dan O'Leary used or was exposed to certain solvents containing trichloroethylene (“TCE”), perchloroethylene...

Excerpt: ...'s and Carla Doolittle's, as Trustees of the Levy Family Trust, Motion to Strike Portions of Complaint 3. Nancy Veits and John Condon's Joinder to Demurrer to Complaint 4. Nancy Veits and John Condon's Joinder to Motion to Strike Portions of Complaint TENTATIVE RULING Defendants Andrea Mollica's and Carla Doolittle's, as Trustees of the Levy Family Trust, Demurrer to Complaint and Defendants Nancy Veits and John Condon's Joinder to Demurrer to Co...

Excerpt: ...ffs allege the following facts. 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 veh...

Excerpt: ...ur Sin, M.D.'s Motion for Summary Judgment is denied. Arthur Sin, M.D.'s Motion for Summary Adjudication is denied, in part, and granted, in part. Background On July 12, 2019, Mieasha Nicole Ferguson (“decedent”) was taken to Defendant Centinela Hospital Medical Center's Emergency Department due to complaints of severe abdominal pain. She was approximately 8 weeks pregnant at the time. Defendant Arnold Y. Sin, M.D. examined Ms. Ferguson and t...

Excerpt: ...ULING Marshalls of California, LLC and The TJX Companies, Inc.'s Motion to Strike Portions of Complaint is granted with 20 days leave to amend. 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: 1. General Negligence; 2. Premises Liability. Meet and Confer Defendants set forth a meet and confer d...

Excerpt: ...y, Jr., et al.'s Motion to Strike Portions of First Amended Complaint is granted with 20 days leave to amend. Background Plaintiffs' Complaint was filed on February 2, 2023. Plaintiffs' First Amended Complaint was filed on May 9, 2023. Plaintiffs allege the following facts. Plaintiffs allege unlawful detainer of residential property as to 4609 Palos Verdes Dr. North Rolling Hills Estates, Ca. 90274. Meet and Confer Because this is an unlawful det...

Excerpt: ...A”) Motion to Compel Arbitration and to Stay Action is denied. Scott Robinson's Motion to Compel Arbitration and to Stay Action is moot. This Defendant was dismissed on June 29, 2023. Background Plaintiff filed the Complaint on February 23, 2023. Plaintiff alleges the following facts. Plaintiff alleges that her 2017 Chrysler Pacifica suffers from engine, electrical, and other defects. Plaintiff sets forth the following causes of action: 1. Viol...

Excerpt: ...n August 19, 2022. Plaintiff's Second Amended Complaint was filed on February 14, 2023. Plaintiff alleges the following facts. Plaintiff alleges that Defendant MK Consultants, Inc., a suspended corporation, conducted a Trustee's sale of Plaintiff's former property. Plaintiff alleges that Mary Wendel is the President of MK Consultants, Inc. With the First Amended Complaint, Plaintiff alleged a sole cause of action for Fraud in the Procurement of F...

Excerpt: ... Adjudication TENTATIVE RULING Stevens Global Logistics, Inc.'s (“Stevens”) Motion for Summary Judgment and/or Summary Adjudication is denied, in part. As to the motion for summary judgment and motion for summary adjudication of issues 1 to 3, the motion is denied. As to the motion for summary adjudication of issue 4, the Court elects to treat the motion for summary adjudication as a motion for judgment on the pleadings. The motion for judgme...

Excerpt: ...rt as an Elisor to Execute Documents Pursuant to Interlocutory Judgme n t for Sa le of Re a l P r oper ty i s g ra n te d . Background On January 2, 2015, plaintiff Connie Radley filed a Complaint against Sheila Radley, Margie Stephenson, Linda Radley, Rickey Radley, Anthony Radley, Eric Radley, Brenda Radley, Majory Radley, Cora Radley, Ferrari Radley, and Jennifer Radley for (1) partition of real property and (2) cancellation of written instrum...

Excerpt: ... Injunction is granted pursuant to Code of Civil Procedure § 526. Background Plaintiff's Complaint was filed on May 16, 2023. Plaintiff alleges the following facts. Plaintiff alleges he was fraudulently induced into entering into various agreements and instruments and that the underlying promissory note and deed of trust are invalid and unenforceable. Plaintiff alleges that Defendant Deborah L. Howard represented that she would never collect und...

Excerpt: ...ntal Health Examination TENTATIVE RULING Centinela Valley Union High School District, et al.'s Motion for Order Granting Leave to Take Subsequent Deposition of Twynlette Thompson is denied without prejudice. Centinela Valley Union High School District, et al.'s Motion to Compel Plaintiff's Mental Health Examination is denied. Background Plaintiff filed his Complaint on November 15, 2017. Plaintiff's operative Third Amended Complaint was filed on ...

Excerpt: ...'s Motion to Strike, or, in the Alternative, to Tax Costs is denied. Background Plaintiff filed the Complaint on November 5, 2021. Plaintiff alleges the following facts. Plaintiff is a disabled individual. Plaintiff visited Defendants' facility. On the date of his visit, there were no designated parking spaces available for persons with disabilities. Plaintiff alleges the following cause of action: 1. Violation of the Unruh Civil Rights Act. On O...

Excerpt: ... 4. Robert Horwich's Motion to Compel Responses to Special Interrogatories, Set One 5. Jill Braden's Motion to Compel Responses to Special Interrogatories, Set One 6. Robert Horwich's Motion to Compel Responses to Form Interrogatories, Set One 7. Jill Braden's Motion to Compel Responses to Form Interrogatories, Set One 8. Robert Horwich's Motion for an Order that the Truth of Matters Specified in Requests for Admissions, Set One, be Deemed Admitt...

Excerpt: ... is continued. Background Plaintiff filed the Complaint on February 9, 2022. Plaintiff alleges the following facts. Plaintiff is a licensed low voltage contracting company. Guillen is a former employee of Plaintiff who quit his job. Defendants engage in a similar business and formed an entity with a similar name to Plaintiff. Defendants then contacted Plaintiff's customers and misrepresented that Plaintiff was out of business. Defendants stole cu...

Excerpt: ...es 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 Overtime Compensation; 2. Failure to Pay Wages; 3. Failure to Indemnify/Reimburse Expenses to Employee; 4. Failure to Provide Accurate Itemized Wage Statements; 5. Waiting Time Penalties; 6. Discri...

Excerpt: ...dence. Plaintiff requested: (1) Monetary sanctions in the amount of $10,000; (2) Issue sanctions establishing that Ms. Soble deleted her text messages to avoid producing evidence that Mr. Terrell asked her to stop sexually harassing him; (3) Evidentiary sanctions precluding Ms. Soble from introducing evidence to argue that her spoliation was unintentional; (4) A jury instruction pursuant to CACI 204; and (5) A special jury instruction stating tha...

Excerpt: ..., Inc.'s Motion to Compel Responses to Request for Production of Documents, Set One 4. Behavioral Health Services, Inc.'s Motion to Compel Deposition TENTATIVE RULING Behavioral Health Services, Inc.'s Motions to Compel Responses to Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One, and Motion to Compel Deposition are granted. Background Plaintiff filed the Complaint on October 25, 2...

Excerpt: ...ical Response, Inc.'s Motion to Strike Portions of First Amended Complaint TENTATIVE RULING American Medical Response, Inc.'s Demurrer to First Amended Complaint is overruled, in part, and sustained with 20 days leave to amend, in part. American Medical Response, Inc.'s Motion to Strike Portions of First Amended Complaint is denied. Background Plaintiff's Complaint was filed on August 18, 2022, and the First Amended Complaint was filed on Novembe...

Excerpt: ...ummary Adjudication is granted. Background Plaintiffs filed their Complaint on July 29, 2019. The operative Third Amended Complaint was filed on February 24, 2021. Plaintiffs allege the following facts. Plaintiff Ty Nguyen was working for Nationwide Plastic Products, Inc. when he was injured because of his arm becoming caught in the rollers of an Akiyama International, Hi-Ace Printing Press. Plaintiff Ty Nguyen's arm was amputated due to the alle...

Excerpt: ...ULING Allied Protection Services, Inc.'s Motion to Set Aside Default Judgment is denied without prejudice. Background Plaintiff filed the Complaint on March 20, 2022. Plaintiff alleges the following facts. Defendant failed to pay for workers compensation premiums to Plaintiff's assignor. Plaintiff alleges the following causes of action: (1) Breach of Contract; (2) Open Book Account; (3) Account Stated; (4) Reasonable Value. Defendant's default wa...

Excerpt: ... 2023. Plaintiff alleges the following facts. Plaintiff retained Defendants for dental services. Plaintiff discovered a remnant inside her tooth, number 14, which was negligently left behind during a root canal theory treatment. Plaintiff alleges the following cause of action: 1. Professional Negligence. Meet and Confer Plaintiff set forth a meet and confer declaration in sufficient compliance with CCP §§ 430.41. (Decl., Nicholas L. Ramirez, ¶...

Excerpt: ...Complaint on February 17, 2022. Plaintiff's Second Amended Complaint was filed on January 4, 2023. Plaintiff alleges the following facts. Plaintiff is an out-of-network medical provider who treated participants of the health plan of Defendants. Plaintiff alleges that it provided medically necessary emergency services to insured member patients. However, Plaintiff was not paid, at all for some services, and for some other services, not paid the pr...

Excerpt: ...ve to amend. Pacific Coast Co., Ltd.'s Motion to Strike Portions of Cross-Complaint is moot. Background Plaintiff filed the Complaint on March 28, 2022, and the First Amended Complaint on June 10, 2022. Plaintiff alleges the following facts. In December 2020, Defendant Daniel Choi approached Luke Shim, Plaintiff Brincfi's CEO. Defendant was interested in becoming Brincfi's head of engineering. Defendant falsely represented to Shim that he was leg...

Excerpt: ...oner alleges the following facts. On August 27, 2021, Petitioner was involved in a motor vehicle accident Petitioner submitted a policy limits settlement demand to his carrier, Progressive Insurance, to settle all claims under the and uninsured motorist provision of the policy. Progressive Insurance has not agreed to tender the limits for either claim. Petition to Compel Arbitration "California law reflects a strong pu blic p olicy in favor of ar...

Excerpt: .... Ramey Law, P.C., et al.'s Motion to Strike Portions of Fourth Amended Complaint is denied. Background Plaintiffs' Complaint was filed on March 24, 2021. Plaintiffs' Fourth Amended Complaint ("4AC") was filed on February 2, 2023. July 7, 2021. Plaintiffs allege the following facts. Plaintiffs referred a legal action to Defendants. Defendants agreed to pay Plaintiffs 40 percent of all attorneys' fees. Defendants settled the case for S380,OOO.OO a...

Excerpt: ...8423 and 20STCV15375) Ava Mina Properties, LLC's Joinder in Motion for a Stay Tesla, Inc.'s Joinder in Motion for a Stay (all cases) Tesla, Inc.'s Motion to Consolidate Actions TENTATIVE RULING Kevin George Aziz Riad's Motion for a Stay of Proceedings Pending Outcome of Criminal Case, Ava Mina Properties, LLC and Tesla, Inc.'s Joinder in Motion for a Stay, and Telsa, Inc.'s Motion to Consolidate Actions are granted. Background Nieves et al. v. Ri...

Excerpt: ...ff alleges the following facts. Plaintiff was employed Defendant 5th Kind as Chief Administrative Officer. Plaintiff was terminated but was not paid pursuant to the severance agreement Application for Writ ofAttachment and Right to Attach Order Plaintiff filed its application for writ of attachment seeking the issuance of a right to attach order and an order for issuance of a writ of attachment as to certain unidentified property of Defendant 5th...

Excerpt: ... following facts. Plaintiff is a former employee of Defendant. Plaintiff alleges that she was subjected to sexual harassment, as well as discriminatory and retaliatory conduct based on gender. Plaintiff alleges that she was also sexually assaulted and battered by a supervisor. Plaintiff alleges the following causes of action: 1. Sexual Harassment in Violation of FEHA — Hostile Work Environment (Cal. Govt. Code S 129400)); 2. Discrimination Base...

Excerpt: ...f Torrance's Motion to Strike Portions of First Amended Complaint is moot. Background Plaintiffs Complaint was filed on January 28, 2022. Plaintiffs Second Amended Complaint was filed on February 27, 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." (SAC, 8.) In 2016, Plaintiff w...

Excerpt: ...nterrogatories, Set One City of Torrance's Motion to Compel Responses to Request for Production of Documents, Set One Torrance Police Department's Motion to Compel Responses to Special Interrogatories, Set One Torrance Police Department's Motion to Compel Responses to Request for Production of Documents, Set One City of Torrance's Motion to Deem Requests for Admissions Admitted TENTATIVE RULING City ofTorrance's and Torrance Police Departments' M...

Excerpt: ...s Motion for an Order (1) To Deposit Bond Funds Court; (2) For Exoneration and Dismissal of Philadelphia Indemnity Insurance Company; and (3) For an Award of Attorneys' Fees and Costs TENTATIVE RULING American Contractors Indemnity Companvs Motion for Order of Discharge and Award of Costs and Attorneys' Fees and Order for Deposit; and for Dismissal of American Contractors Indemnity Company from Cross-Complaint is granted. Philadelphia Indemnity I...

Excerpt: ...hon pertains to the care and treatment rendered to Plaintiff Sridevi Mudundi during a hysterectomy performed at South Bay Kaiser on February 14, 2019. Plaintiffs allege Mudundi suffered an injury to the bladder due to a cut that was discovered two days later when Mudundi presented to the emergency room with severe pain. Plaintiffs allege the following causes of action: (1) Negligence and (2) Loss of Consortium (brought by Plaintiff Balakrishna Re...

Excerpt: ...nd Amended Complaint is sustained with 20 days leave to amend. Beach Front Property Management, Inc.'s Motion to Strike Portions of Second Amended Complaint is moot, in part, and granted with 20 days leave to amend, in part. Background Plaintiffs' Complaint was filed on May 3, 2021. Plaintiffs' Second Amended Complaint was filed on June 10, 2022. Plaintiffs allege the following facts. Plaintiffs suffered bed bug bits in their apartment. The apart...

Excerpt: ...s filed on September 9, 2022. Plaintiff alleges the following facts. Plaintiffs allege that her 2022 Tesla Model Y, which was manufactured and distributed by Defendant, was advertised, represented, and leased to Plaintiff as a new vehicle with a clean repair history with no prior damage. However, in fact, the vehicle was not new and not safe. The vehicle was previously damaged and had prior body damage and repairs of $8,677.40 that were not discl...

Excerpt: ...ions TENTATIVE RULING Carrington Home Solutions, LP's Motion to Compel Further Responses to Requests for Production of Documents and for Sanctions is moot Carrington Home Solutions, LP's Motion to Compel Document Production, Further Deposition Session, and for Sanctions is granted, in part. Background Plaintiffs filed their Complaint on January 8, 2021. Plaintiffs allege the following facts. The action concerns negligence and construction defects...

Excerpt: ... conservator of conservatee Estate of Susan Gillett ("conservatee"). Defendant committed financial abuse against conservatee Susan Gillett. Defendant put conservatee into a high-interest, short term, multi-million-dollar loan secured against a first deed of trust against conservatee's properties. Defendant knew that conservatee could not afford the loan. Consesrvatee's son, John Michael Rogers ("Rogers"), orchestrated the scheme so he could start...

Excerpt: ...nded Complaint is sustained with 20 days leave to amend. Coastline Recovery Services, Inc.'s Motion to Strike Portions of Second Amended Complaint is moot. Background Plaintiff filed his Complaint on July 17, 2018 and the Second Amended Complaint on March 14, 2023. Plaintiff alleges the following facts. In 2016, Plaintiff agreed to lease from Xchange Leasing, LLC ("Xchange") a 2016 Volkswagen Jetta. Under the terms of the lease, Plaintiff made th...

Excerpt: ...ller for a pap smear. During the examination, Dr. Haller sexually battered Plaintiff and made sexually inappropriate remarks and noises. Dr. Haller was a medical staff member at Anphon Medical Center and was assigned by Anphon Medical Center to perform Plaintiffs pap smear procedure. Plaintiff alleges the following causes of action: 1. Sexual Battery 2. Intentional Infliction of Emotional Distress 3. Sexual Harassment 4. Gender Violence 5. Neglig...

Excerpt: ...ve to amend, in part. The demurrer to the first, second, fourth through seventh, and ninth causes of action is sustained with 20 days leave to amend. The demurrer to the third, eighth, and tenth causes of action is sustained without leave to amend. Carolyn Hemker, et al.'s Motion to Strike Portions of Complaint is moot. Background Plaintiffs filed the Complaint on November 17, 2022. Plaintiffs allege the following facts. Plaintiffs were tenants a...

Excerpt: ... Motion for an Order Compelling Daniel Choi's Further Responses to Requests for Production of Documents, Set One, and Special Interrogatories, Set One is denied, in part, and granted, in part. Background Plaintiff filed the Complaint on March 28, 2022, and the First Amended Complaint on June 10, 2022. Plaintiff alleges the following facts. In December 2020, Defendant Choi approached Luke Shim, Plaintiff Brincfi's CEO. Defendant was interested in ...

Excerpt: ...021. Plaintiffs allege the 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 Defendants RD Waldman Construction, Inc. Plaintiff Liam Umefs left arm was caught on the metal framing of the PVE vacuum elevator causing him to suffer injuries to his left arm and hand. Motion for Leave to Amend The court may, in furtherance of justice,...

Excerpt: ...or Tax Costs. Mike Horusicky, Jr.'s Motion to be Deemed Prevailing Party and Howard Brand, etal.'s Motion to Strike and/or Tax Costs are taken off calendar. Background Plaintiffs filed their initial Complaint on January 11, 2017. The First Amended Complaint was filed on March 3, 2017. A Cross-Complaintwas filed on May 4, 2017. Plaintiffs filed this lawsuit against Defendants Mike Horusicky Construction, Inc. ("HCI") and Mike Horusicky personally,...

Excerpt: ... and served per Code based upon the new hearing date. Defendants Don Chava Foods, Inc„ Daniel Reynoso, Christian Reynoso, and Humberto Reynoso's Requests for Judicial Notice in support of their Demurrer is GRANTED as to the existence of the documents but not as to hearsay or facts in dispute. Plaintiff Christine Rocha's Request for Judicial Notice is GRANTED as to the existence of the document but not as to hearsay or facts in dispute. Introduc...

Excerpt: ...eadings is denied. Background Plaintiffs filed the Complaint on October 26:2022. Plaintiffs allege the following facts. In 2011, Defendant Rodgers and Plaintiffs agreed to purchase real property at 2601 Pacific Coast Highway, Hermosa Beach, Califomia_ The property is developed with an office building wherein Rodgers operates his law and tax businesses. In October 2013, Articles of Organization were filed with the Califomia Secretary of State for ...

Excerpt: ... Beth D. Corriea's Motions to Compel Further Responses to Form Interrogatories, Set One, are denied. Background Plaintifffiled the Complaint on June 1, 2021. Plaintiff filed the First Amended Complaint on July 23, 2021. Plaintiff alleges the following facts. Plaintiff suffers from a disability related to long term COVID, and she requires the installation of central air conditioning. Defendants have improperly denied her request to install central...

Excerpt: ...g facts. Plaintiffs were tenants at 4118 Redondo Beach Boulevard, Apt. A, Torrance, California 90504. The property is owned by Defendants. Defendants failed to remedy certain habitability conditions within the rental property which led to Plaintiffs suffering personal injuries. Plaintiffs allege damages for 1. Breach of Implied Warranty of Habitability; 3. Breach of Covenant of Quiet Enjoyment; 3. Negligence. Meet and Confer Defendants filed a me...

Excerpt: ...Roosin, M.D., Pamela Roosin, Robert Horwich, and Jill Horwich's Demurrer to First Amended Complaint is sustained with 20 days leave to amend. Cynthia L. Williams, M.D.'s Demurrer to First Amended Complaint is sustained with 20 days leave to amend. Holly M. Emge's Demurrer to First Amended Complaint is sustained 20 days leave to amend. Background Plaintiff filed the Complaint on August 28, 2020, and the First Amended Complaint ("FAC") on January 9...

Excerpt: ...obert R. Maxwell, et al.'s Motion to Dismiss Plaintiffs Complaint is denied. Robert R. Maxwell, et al.'s Demurrer to First Amended Complaint is sustained with 20 days leave to amend and leave to amend, in part. Robert R. Maxwell, et al.'s Motion to Strike Portions of First Amended Complaint is moot Background Plaintiff filed the Complaint on April 29, 2021, and the First Amended Complaint ("FAC") on February 7, 2023. Plaintiff alleges the followi...

Excerpt: ...Motion to Compel Nissan North America, Inc.'s Responses to Special Interrogatories, Set One Stephanie Medina's Motion to Compel Nissan North America, Inc.'s Responses to Request for Production of Documents, Set One Stephanie Medina's Motion to Deem the Truth of Matters in Requests for Admissions, Set One, Admitted TENTATIVE RULING Nissan North America, Inc.'s Motion to Compel Arbitration and to Stay Action is denied. Gardena Nissan, Inc.'s Motion...

Excerpt: ...September 13, 2022. 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 and mold. Defendants failed to remedy the situation. Plaintiffs allege the following causes of action: 1. Statutory Breach of the Warranty of Habitability (Civ. Code 1941, 1941.1)...

Excerpt: ...s allege the 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 Defendants RD Waldman Construction, Inc. Plaintiff Liam Umefs left arm was caught on the metal framing of the PVE vacuum elevator causing him to suffer injuries to his left arm and hand. Motion to Reopen Discovery Code Civ. Proc., S 2024.050 states, in relevantpart: "...

Excerpt: ...South Coast Industrial, Inc.'s Motion to Set Aside Default Judgment is denied without prejudice. South Coast Industrial, Inc.'s Motion to Quash Service of Summons is denied. South Coast Industrial, Inc.'s Motion for Sanctions is 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 developmen...

Excerpt: ... part, and overruled, in part Star View Behavioral Health, Inc. and South Bay High School, Inc.'s Demurrer to Second Amended Complaint is sustained without leave to amend. Star View Children and Family Services, Inc.'s Demurrer to Second Amended Complaint is overruled. Background Plaintiffs filed the Complaint on May 10, 2019. Plaintiffs' First Amended Complaint was filed on November 22, 2022. Plaintiffs allege the following facts. On or about Ju...

Excerpt: ...days leave to amend, in part Paulette Meader's Motion to Consolidate is denied without prejudice. Background Plaintiff filed the Complaint on June 21, 2022. Plaintiff alleges the following facts. This action arises from the recordation of the notice of default and notice of trustee's sale and resulting trustee's sale of Plaintiffs former real property located at 2705 145th St., Gardena, CA 90249. Plaintiff alleges multiple violations of the Homeo...

Excerpt: ...mons and Complaint TENTATIVE RULING Teamsters Western Region & Local 177 Health Care Plan's Demurrer to Complaint is overruled. Blue Cross and Blue Shield of Arizona, Inc.'s Demurrer to Complaint is overruled. Blue Cross and Blue Shield of Arizona, Inc.'s Motion to Quash Service of Summons and Complaint is denied. Background Plaintiff filed its Complaint on April 11, 2022. Plaintiff alleges the following facts. Plaintiff is an out-of-network medi...

Excerpt: ... overruled, in part, and sustained without leave to amend, in part. Journey Group Limited's Demurrer to First Amended Complaint is overruled, in part, and sustained with 20 days leave to amend, in part. Background Plaintiff filed the Complaint on November 2, 2021, and the First Amended Complaint was filed on October 12, 2022. Plaintiff alleges the following facts. Plaintiff made and delivered meals to Defendant Air Fayre CA Inc. to be provided to...

Excerpt: ...tion for Summary Judgment is denied. Background Plaintiff filed its Complaint on October 4, 2019. Plaintiff alleged the following facts: Defendants have maintained a washer/dryer in their unit in violation of the governing documents. Plaintiff alleged the following causes of action: 1. Breach of Equitable Servitudes; 2. Abate a Nuisance; 3. Trespass; 4. Declaratory Relief; 5. Unjust Enrichment. On December 3, 2019, Defendant Kelly Charles filed a...

Excerpt: ...LING Financial Services Vehicle Trust, et al.'s Application for Writ of Possession is granted pursuant to Code of Civil Procedure § 512.040(b). Background Plaintiff filed its Complaint on September 19, 2022. Plaintiff alleges the following facts. Defendant Jaimee Choe breached the motor lease agreement which Defendants entered with Plaintiff's assignor. Defendant Skyline Nationwide Leasing, Inc. is wrongfully retaining possession of the vehicle....

Excerpt: ...cts. Defendant sexually battered Plaintiff when she was a minor. Plaintiff alleges causes of action for: 1. Sexual Assault; 2. Sexual Battery; 3. IIED. Motion for Stay Pursuant to CCP § 128 and through its equitable power, the trial court has broad authority to stay actions in the interests of justice and to promote judicial efficiency. See, Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489. The Court has the discretion to “es...

Excerpt: ...18. Plaintiff is the owner of real property located at 605 South Prospect Avenue, Unit 307, Redondo Beach, CA 90277. Her unit is part of a condominium development managed and maintained by Defendant Brookside Village Homeowners Association, Inc. (“HOA”), in accordance with a Declaration of Establishment of Conditions, Covenants and Restrictions (“CC&Rs”). Plaintiff alleges that Defendant improperly maintained the common areas, as well as ...

Excerpt: ...itions and Request for Monetary Sanctions TENTATIVE RULING Del Amo Fashion Center Operating Company, LLC's Motion for an Order Compelling Defendant, Slater Torrance, LLC's Person Most Knowledgeable, Bob Yari, Alex Yari, and Sarah Bennett to Appear for Their Depositions and Request for Monetary Sanctions is granted. Background Plaintiff filed the Complaint on April 28, 2022. Plaintiff alleges a sole cause of action for Unlawful Detainer. Plaintiff...

Excerpt: ...Amended Complaint was filed on December 15, 2022. Plaintiff alleges the following facts. In the original Complaint, Plaintiff alleged that Defendant purchased real property at a Trustee's sale with knowledge that the sale was being conducted by a suspended corporation, and, thus improper. With the First Amended Complaint, Plaintiff has alleged no facts against this Defendant. Instead, Plaintiff simply generally concludes that the Defendant commit...

Excerpt: ...Tamara Bard's Motion to Quash Defendants Deposition Subpoena to Hicham Slout•y, M.D. TENTATIVE RULING Tamara Bard's Motion to Compel the Inspection Report of Independent Medical Examiner Caty Albertstone, M.D„ Motion to Quash Defendant's Overbroad Subpoena to Anthem for "Any and All" Medical and Insurance Records, and Motion to Quash Defendant's Deposition Subpoena to Hicham Siouty, M.D. are denied. Background Plamtiff filed her Complaint on ...

Excerpt: ...tive, Summary Adjudication is denied. Background Plaintiffs filed their Complaint on August 25, 2020. Plaintiffs' First Amended Complaint was filed on May 3, 2021. Plaintiffs allege the following facts. On February 14, 2019, a pipe burst in Plaintiffs' home. Defendant failed to inspect the property and failed to conduct a reasonable claims investigation. Ultimately, Defendant decided not to cover the damages stating that the claim was excluded ba...

Excerpt: ...ance Company's Motion to Continue Trial TENTATIVE RULING USAA Casualty Insurance Company's Motion for Summary Adjudication is denied. USAA Casualty Insurance Company's Motion to Continue Trial is denied. However, the Court on its own motion continues the trial date. Background Plaintiffs filed their Complaint on August 1, 2019. Plaintiffs allege the following facts. Plaintiffs suffered a drain leak and water damage on real property owned by them ...

Excerpt: .... The action stems from the construction and replacement of a fence on the property line located between 721 30th Street, Hermosa Beach, CA 90254 (“Plaintiff's Property”) and 723 30th Street, Hermosa Beach, CA 90254 (“Defendants' Property”). Plaintiff alleges that Defendants trespassed on his property, created a nuisance, and interfered with Plaintiff's contractual relations on the construction of Plaintiff's house. Plaintiff alleges the ...