Excerpt: ...ATIVE RULING Defendant Pacific Coast Elevator Corp.'s Motion for Summary Judgment is granted. Defendant Otis Elevator Co.'s Motion for Summary Judgment is granted. Objections Plaintiff's Objections Declaration of Thomas J. Bertsch: Objections 1, 2, and 4 to 6 are overruled. The Court notes that no objection number 3 was set forth in the document purporting to set forth Plaintiff's objections. Declaration of Mark Hollinger: Objections to 7 to 20, ...

Excerpt: ...ustained with 20 days leave to amend. Meet and Confer Defendant set forth a meet and confer declaration in sufficient compliance with CCP § 430.41. (Decl., Stephen F. McAndrew, ¶ 1.) Background Plaintiff filed its Complaint on November 5, 2019. Plaintiff's operative Second Amended Complaint was filed on February 1, 2021. Plaintiff alleges the following facts: On or about October 17, 2015 Plaintiff and Defendant entered into a written agreement ...

Excerpt: ...ndant Beach House's objections 1 to 5 to the declaration of Deborah S. Tropp are overruled. Defendant Beach House's objections 1 to 4 to the declaration of Alex Daniels are overruled. Defendant Beach House's objections 1 to 3 to the supplemental declaration of John M. Upton are overruled. Background Plaintiff filed his Complaint on June 11, 2019. Plaintiff was employed by O'Rourke Construction (“O'Rourke”), a subcontractor hired by general co...

Excerpt: ...s 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”) that he had received seven years earlier did not restore proper cardiac rhythm because a Durata 7121Q lead, a c...

Excerpt: .... Background Plaintiff Stacie Lara filed her Complaint on December 13, 2019. Plaintiff alleges the following facts: Plaintiff's representative wage and hour action is brought under the Private Attorney Generals Act (“PAGA”). (Cal. Labor Code §2698 et. seq.). Plaintiff alleges that she and other similarly situated truck drivers are aggrieved employees of Defendants. The employees were misclassified as independent contractors by Defendants. As...

Excerpt: ...round Plaintiff filed his Complaint on April 16, 2019. Plaintiff's operative Fourth Amended Complaint was filed on January 28, 2021. Plaintiff alleges the following facts: In February 2016, Plaintiff consulted with Defendant regarding pain that Plaintiff was suffering in his lower extremities. Defendant recommended vascular surgery for Plaintiff's condition known as claudication. As a result of the surgery and its complications, Plaintiff's right...

Excerpt: ...tiff alleges the following facts: On December 28, 2017, Plaintiff fell into a hole, created by an uncovered utility vault, on a sidewalk located at 11903 and 11921 Hawthorne Boulevard, Hawthorne, California. Plaintiff alleged causes of action for: 1. Dangerous Condition of Public Property; 2. Negligence. Defendant's motion for summary judgment was set to be heard on April 5, 2021, but the motion was continued to the current date due to the lack o...

Excerpt: ...tiff alleges the following facts: On December 28, 2017, Plaintiff fell into a hole, created by an uncovered utility vault, on a sidewalk located at 11903 and 11921 Hawthorne Boulevard, Hawthorne, California. Plaintiff alleged causes of action for: 1. Dangerous Condition of Public Property; 2. Negligence. Defendant's motion for summary judgment was set to be heard on April 5, 2021, but the motion was continued to the current date due to the lack o...

Excerpt: ...18. Plaintiff's operative Third Amended Complaint was filed on February 28, 2020. Plaintiff alleges the following facts: On December 27, 2017, Plaintiff was a patient at Palos Verdes Family and Immediate Care Group (“PVFICG”). Plaintiff was waiting in the waiting area room. Plaintiff asked that she be seen in front of other patients who were waiting in the waiting area room because she was a cancer patient and felt weak from chemotherapy. Pla...

Excerpt: ...ant Bausch & Stroebel discriminated against him based on his age and wrongfully terminated him. Plaintiff alleges that Defendant Frank Bauer, allegedly his former supervisor at Bausch & Stroebel, subjected him to sexual harassment. Plaintiff set forth the following causes of action: 1. Age Discrimination (FEHA), 2. Wrongful Termination in Violation of Public Policy, 3. Sexual Harassment (FEHA), 4. Retaliation (FEHA), 5. Failure to Prevent Discrim...

Excerpt: ...ns Under CCP § 128.7 TENTATIVE RULING Fred J. Kim, DDS, Inc. and Fred J. Kim, DDS's Motion for Attorneys' Fees Pursuant to the Special Anti-SLAPP Motion to Strike is granted. Fred J. Kim, DDS, Inc. and Fred J. Kim, DDS's Motion for Attorneys' Fees Pursuant the Motion for Sanctions Under CCP § 128.7 is granted. Background Plaintiffs filed their Complaint on January 29, 2020. Plaintiffs allege the following facts: Plaintiff Fred J. Kim, D.D.S. is...

Excerpt: ...ered into a contract to purchase a small business franchise named Massage Envy from Defendant ACKC, Inc. Defendant Chan is alleged to be the alter ego of ACKC. Plaintiff paid $285,000 to purchase Massage Envy. The franchise business model is based on a monthly membership subscription structure. After the purchase closed, Plaintiff discovered that, prior to the closing date, Defendant Chan had secretly cancelled nearly 100 active and current membe...

Excerpt: ...intiff filed his Complaint on June 7, 2019. Plaintiff alleges the following facts: In January 2018, Plaintiff and Defendants entered into an oral contract for the construction and remodel of Plaintiff's real property located on 607 Bayview Drive, Manhattan Beach, California 90266. Plaintiff performed all material obligations required under the terms of the contract. Defendants breached the contract by failing to complete the project in the time r...

Excerpt: ...: Plaintiff is the owner and landlord of commercial property located at 447 N. Prairie Ave. Inglewood, CA 90301. Defendants are the tenants who operate a medical practice. The lease's expiration date was February 5, 2020. To remain on the property after this date, Defendants were required to either exercise the purchase option or exercise the second lease option. Plaintiff alleges that Defendants failed to properly exercise either option. Defenda...

Excerpt: ...and M. Roy Nelson Inc. dba Horizon Management's ("Horizon”) objections. Objection to the Declaration of Shane A. Lachtman, ¶6, is sustained. Objections to Exhibits 1 and 2 to the Declaration of Shane A. Lachtman are sustained. Background Plaintiff Shane A. Lachtman filed his Complaint on April 24, 2019. Plaintiff's operative Second Amended Complaint was filed on December 9, 2019. This action stems from an altercation between Plaintiff and Defe...

Excerpt: ...ffs allege that their 2017 Mercedes-Benz MMPV2G, which was manufactured and distributed by Defendant, suffers from widespread defects — including defects with the air conditioning system, electrical system, and the interior fit and finish. Plaintiffs allege 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 defe...

Excerpt: ...mplaint is sustained, in part, and overruled, in part. Background Plaintiff filed its Complaint on April 7, 2020. Plaintiff's operative Second Amended Complaint was filed on January 4, 2021. Plaintiff alleges the following facts: The action arises from Defendants' alleged acts which resulted in the termination of an agreement between Plaintiff and Defendant Prime for the lease of space in Prime's hospital for the operation of a retail food busine...

Excerpt: ... its Complaint on April 16, 2019. The operative First Amended Complaint (“FAC”) was filed by Plaintiffs Uemura Corporation and UTI Corporation on July 31, 2020. Plaintiffs allege that Defendant Tomoyuki Miyano, who is a shareholder of Plaintiff Uemura and a former employee of Uemura's affiliate company in Japan, UTI, stole confidential information consisting of Plaintiffs' trade secrets to unlawfully compete with Plaintiffs by forming a new c...

Excerpt: ...ice of Summons and Complaint are granted. Background Plaintiff filed his Complaint on July 24, 2019. Plaintiff's operative First Amended Complaint was filed on August 17, 2020. Plaintiff alleges the following facts: Plaintiff suffered numerous physical and emotional injuries related to his care and treatment at Las Flores Convalescent Hospital from August 2017 through March 2019. Plaintiff alleges the following causes of action: 1. Assault; 2. Ne...

Excerpt: ...tion in sufficient compliance with CCP §§ 430.41. (Decl. Joshua S. Shuster, ¶¶ 2-3). Background Plaintiffs filed their Complaint on March 6, 2020. Plaintiffs' operative First Amended Complaint was filed on May 8, 2020. Plaintiffs allege the following facts: This is action arises from an incident that occurred on July 11, 2019 at an oil refinery facility in Torrance, California. Plaintiffs' son, decedent Gamaliel Gonzalez, was a part of an oil...

Excerpt: ...r Summary Judgment is denied. Defendant Maria Escalante's (“Escalante”) Motion for Summary Judgment, or, in the Alternative, Summary Adjudication of Issues is denied. Objections The Court makes the following rulings to Plaintiff's objections: Plaintiff's objections 1 to 6 to Defendant City of Hawthorne's evidence in support of City of Hawthorne's motion for summary judgment are overruled. Plaintiff's objections 1 to 4 to Defendant Maria Escal...

Excerpt: ...endant Beach House's objections 1 to 5 to the declaration of Deborah S. Tropp are overruled. Defendant Beach House's objections 1 to 4 to the declaration of Alex Daniels are overruled. Background Plaintiff filed his Complaint on June 11, 2019. Plaintiff was employed by O'Rourke Construction (“O'Rourke”), a subcontractor hired by general contractor, moving Defendant Beach House Design & Development (“Beach House”), for a construction proje...

Excerpt: ...laintiff sought to collect assessments from residents of Parkside Village Homeowners Association (“Parkside” or “HOA”). As against Defendant Herman Powells, Plaintiff also alleged that Powells was a former officer of the HOA, was refusing to return HOA owned property, and that he breached his fiduciary duty as an officer of the HOA. Defendant Powells' motion for summary judgment was granted. As against Defendants Jeffrey Johnson and Trena...

Excerpt: ...bjections Stevens' Objections to the Declaration of Austin Fraver: Objections 1 to 20 are overruled. Summit Sky Advisory, LLC's Objections dated April 2, 2021: Objection 1 is overruled as Summit Sky was provided an opportunity to respond to this new evidence. Objection 2 is sustained. Stevens' Objection dated April 12, 2021: Objection is sustained because the supplemental opposition was only allowed to address the new evidence submitted with the ...

Excerpt: ...k Quinteros' Motion to Set Aside Default, Default Judgment, and Dismissal is granted. Background Plaintiff Simon Whang filed his Complaint on September 25, 2018. Plaintiff alleged that Defendant Access Liquor (“Access”) breached a promissory note. On November 8, 2018, Access Liquor filed an Answer and Cross- Complaint. The Cross-Complaint named Plaintiff (Simon Whang), CCKSW, Inc., and Sulik Quintero as Cross-Defendants. Cross-Complainant all...