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: ... is continued. Background Petitioner filed the instant petition on August 18, 2022. Petitioner and respondent were parties to two purchase agreements relating to two adjoining parcels or real property. Each party to the arbitration demanded release of the two $25,000.00 deposits to themselves. Petitioner prevailed at arbitration. Petition to Confirm Arbitration Award The procedure by which a prevailing party obtains an enforceable judgment, upon ...

Excerpt: ...kground Plaintiffs filed their initial Complaint on January 11, 2017. The First Amended Complaint was filed on March 3, 2017. A Cross-Complaint was filed on May 4, 2017. Plaintiffs filed this lawsuit against Defendants Mike Horusicky Construction, Inc. (“HCI”) and Mike Horusicky personally, alleging each entered into the contract for the construction of the Project. Plaintiffs contend that the pool, spa, waterfall, barbeque area, and deck wer...

Excerpt: ...o Amend Judgment is granted. Background Petitioner filed its petition on August 25, 2021. Petitioner alleges the following facts. Respondents breached their obligations pursuant to a written loan agreement. The parties proceeded via arbitration and Petitioner prevailed by obtaining an arbitration award in its favor. Petitioner's petition to confirm arbitration award was granted on March 8, 2022. On March 24, 2022, judgment was entered against Def...

Excerpt: ...Complaint on August 19, 2019. Plaintiffs allege the following facts. Plaintiffs were the lessee of real property. Defendant was the lessor. Defendant failed to properly treat toxic mold inside of the apartment unit leased from Defendant. Defendant failed to take appropriate remedial measures allowing the condition to persist. Plaintiffs allege the following cause of action: 1. Negligence; 2. Premises Liability; 3. Intentional Infliction of Emotio...

Excerpt: ... Complaint TENTATIVE RULING Charles Tsai's Motion for Relief is granted. Charles Tsai's Demurrer to Complaint is overruled. Charles Tsai's Motion to Strike Portions of Complaint is denied. Background Plaintiff's Complaint was filed on May 23, 2022. Plaintiff alleges the following facts. Plaintiff and Defendant own neighboring properties in the Palos Verdes Estates. Defendant refuses to abide by homeowners' association's covenants, conditions, and...

Excerpt: ...'s Motion to Set Aside Default and Default Judgment is granted, in part. The motion to set aside entry of default is granted. The request to set aside a default judgment is moot because no default judgment has been entered. Background Plaintiff filed the Complaint on March 8, 2022, and the First Amended Complaint on March 16, 2022. Plaintiff alleges the following facts. Plaintiff is the court appointed conservator for Fujiko Nakano. Defendant is ...

Excerpt: ...und Plaintiff filed the Complaint on May 24, 2022, and the First Amended Complaint on September 26, 2022. Plaintiff alleges the following facts. Defendant Torrance Carwash, Inc. employed Mario Flores from January 2013 to March 11, 2019. Flores filed an administrative claim against Torrance Carwash, Inc. at the Labor Commissioner's office on August 16, 2019. The Labor Commissioner notified Defendant Torrance Carwash, Inc. of the claim and held a s...

Excerpt: ...andate and Prohibition TENTATIVE RULING Palos Verdes Peninsula Unified School District's Demurrer to Third Amended Petition for Writ of Mandate and Prohibition is overruled, in part, and sustained without leave to amend, in part. Los Angeles County Department of Health's Demurrer to Third Amended Petition for Writ of Mandate and Prohibition is overruled, in part, and sustained without leave to amend, in part. Background Petitioner filed the Petit...

Excerpt: ...at Deposition and to Produce Identified Documents, and Request for Sanctions is moot, in part, and granted, in part. Background Plaintiff filed the Complaint on July 21, 2021. Plaintiff alleges the following facts. The action involves the parties' purchase of real property located at 10203 South Dixon Avenue, Inglewood, CA 90303. The subject purchase was intended by Plaintiff and Defendant Williams to be a joint investment. Plaintiff would live i...

Excerpt: ...s, Set One, and Request for Sanctions (Last Four Numbers of Res. # 6097) 2. Sanford Jossen, et al.'s s Motion to Deem Admissions Propounded to Defendant Ramey Law, P.C. Admitted or Alternatively, to Compel Responses to Plaintiff's Requests for Admissions, Set No. One, and Request for Sanctions (Last Four Numbers of Res. # 1122) TENTATIVE RULING Sanford Jossen, et al.'s Motion to Compel Further Responses to Request for Production of Documents, Set...

Excerpt: ...Motion to Strike Portions of First Amended Complaint TENTATIVE RULING Ocean Surgery Center, LLC's Demurrer to First Amended Complaint is sustained with 20 days leave to amend. Ocean Surgery Center, LLC's Motion to Strike Portions of First Amended Complaint is moot, in part, and granted with 20 days leave to amend, in part. Background Plaintiff's Complaint was filed on June 30, 2022, and the First Amended Complaint was filed on September 22, 2022....

Excerpt: ... 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, including hardscape, a s...

Excerpt: ... 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 moot. Blue Cross and Blue Shield of Arizona, Inc.'s Motion to Quash Service of Summons and Complaint is granted. Background Plaintiff filed its Complaint on April 11, 2022. Plaintiff alleges the following facts. Plaintiff is an out-of-network medical prov...

Excerpt: ...NG Charles Tsai's Demurrer to Complaint is overruled. Charles Tsai's Motion to Strike Portions of Complaint is denied. Background Plaintiff's Complaint was filed on May 23, 2022. Plaintiff alleges the following facts. Plaintiff and Defendant own neighboring properties in the Palos Verdes Estates. Defendant refuses to abide by homeowners' association's covenants, conditions, and restrictions. Defendant fails to properly maintain the tress on his p...

Excerpt: ...rst Amended Complaint TENTATIVE RULING City of Torrance's Demurrer to First Amended Complaint is sustained with 20 days leave to amend. City of Torrance's Motion to Strike Portions of First Amended Complaint is moot. Background Plaintiff's Complaint was filed on January 28, 2022. Plaintiff's First Amended Complaint was filed on September 9, 2022. Plaintiff alleges the following facts. Plaintiff is a firefighter paramedic for Defendant City of Tor...

Excerpt: ... 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 disclo...

Excerpt: ...LING Mercedes-Benz USA, LLC, et al.'s Motion to Strike Portions of First Amended Complaint is granted with 20 days leave to amend. Background Plaintiff's Complaint was filed on May 2, 2022. Plaintiff's First Amended Complaint was filed on June 27, 2022. Plaintiff alleges the following facts. On July 2, 2020, Plaintiff received a loaner car for use from Defendants. The loaner vehicle's sunroof exploded as Plaintiff was driving on the freeway. Plai...

Excerpt: ...plaint on August 19, 2022. Plaintiff's First Amended Complaint was filed on September 26, 2022. 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. Plaintiff alleges a sole cause of action for Fraud in the Procurement of Foreclosure Decree. Meet an...

Excerpt: ...omplaint TENTATIVE RULING ACS Logistics GMBH & Company KG's Motion to Quash Service of Summons and Cross- Complaint is granted. Background Stevens Global Logistics, Inc. (“Stevens”) filed its Complaint, in Case Number 19TRCV00370, on April 19, 2019. Stevens alleges the following facts. Stevens is a freight forwarding company which arranges for the transportation of cargo for its customers. Texas Aviation Group, LLC (“Texas”) and Summit Sk...

Excerpt: ....'s Application to be Admitted as Counsel Pro Hac Vice is continued. Background Plaintiffs filed their 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'Le...

Excerpt: ...ugh his guardian ad litem Jules Laird, filed his Complaint on January 21, 2020. Plaintiff's operative Third Amended Complaint was filed on January 18, 2022. Plaintiff alleges the following facts. Minor Plaintiff, L.O., who has a disability, alleges that an instructional aide (“(Debra) Jane Doe”) employed at Jonas Salk Elementary School (“Salk”), a school within the Hawthorne Unified School District (“HUSD”), committed acts of physical...

Excerpt: .... Natasha Amaral's Motion for Attorneys' Fees and Costs is granted. Background Plaintiff filed her Complaint on September 24, 2020. Plaintiff filed her First Amended Complaint on August 5, 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 ...

Excerpt: ...to Strike Portions of Second Amended Complaint TENTATIVE RULING Amen Pest Control, Inc.'s Demurrer to Second Amended Complaint is sustained without leave to amend. Amen Pest Control, Inc.'s Motion 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 May 3, 2021. Plaintiffs' Second Amended Complaint was filed on June 10, 2022. Plaintiffs allege t...

Excerpt: ...uired to leave the country. During this time, Plaintiff and Defendant Margarita Chicas had an agreement that Defendant would manage the real property owned by Plaintiff located at 10234 S. 10th Ave. Inglewood, CA 90303. However, instead, Defendant obtained title to Plaintiff's real property through fraud and forgery of the deed. Plaintiff alleges the following causes of action: 1. Quiet Title; 2. Slander of Title; 3. Cancellation of Instrument; 4...

Excerpt: ...IVE RULING Fabio Albano's Motion to Confirm Arbitration Award is granted, in part. Henrik Fisker, et al.'s Petition to Vacate Arbitration Award is denied. Background Plaintiff filed the Complaint on October 9, 2020. Fisker, Inc. is an electric vehicle automaker. The individual Defendants are the co-founders of Fisker Inc. Henrik Fisker is the Chief Executive Officer of Fisker Inc. and Dr. Geeta Fisker is the Chief Financial Officer of Fisker Inc....

Excerpt: ...sts for Admissions, Set One TENTATIVE RULING Sabine De Weijer's Motion for Judgment on the Pleadings is granted with 20 days leave to amend. Sabine De Weijer's Motion to Compel Further Responses to Form Interrogatories, Set One is denied. Sabine De Weijer's Motion to Compel Further Responses to Requests for Admissions, Set One is denied. Background Plaintiff filed her Complaint on April 3, 2018. Plaintiff is the owner of real property located at ...

Excerpt: ... to Strike Portions of First Amended Complaint TENTATIVE RULING Riley Johnson, Jr., et al.'s Demurrer to First Amended Complaint is sustained with 20 days leave to amend. Riley Johnson, Jr., et al.'s Motion to Strike Portions of First Amended Complaint is denied, in part, granted with 20 days 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 ...

Excerpt: ...ts. Plaintiff alleges that her 2016 Jeep Cherokee suffers from transmission, engine, and electrical defects. Plaintiff sets forth causes of action under the Song-Beverly Act as well as a cause of action for Fraudulent Concealment. Request for Judicial Notice Plaintiff's request for judicial notice is granted. Motion to Compel Arbitration “California law reflects a strong public policy in favor of arbitration as a relatively quick and inexpensiv...

Excerpt: ...or Summary Adjudication is denied, in part, and granted, in part. Background Plaintiff filed the Complaint on January 15, 2020. Plaintiff alleges the following facts. Plaintiff was employed as a police officer with the City of Hermosa Beach. Plaintiff was injured as an officer, and then improperly investigated in contravention of her rights under the Public Safety Officers Procedural Bill of Rights Act. Plaintiff was retaliated against for attemp...

Excerpt: ...intiff filed the Complaint on May 25, 2021. 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 causes of action: 1. Professional Negligence; 2. Professional Negligence – Res Ipsa Loquitor (sic); 3. Lack of Informed Consent. Meet and Confer Defen...

Excerpt: ...VE RULING Henrik Fisker, et al.'s Application to File Under Seal is denied. Fabio Albano's Application to File Under Seal is denied. Background Plaintiff filed the Complaint on October 9, 2020. Fisker, Inc. is an electric vehicle automaker. The individual Defendants are the cofounders of Fisker Inc. Henrik Fisker is the Chief Executive Officer of Fisker Inc., and Dr. Geeta Fisker is the Chief Financial Officer of Fisker Inc. In 2016, Plaintiff pr...

Excerpt: ...'s deputy undergoing administrative disciplinary proceedings. Plaintiff retained Defendant to represent him. Defendant told Plaintiff not to attend an administrative hearing known as a Skelly hearing. Defendant also failed to attend. Plaintiff was discharged after not attending the hearing. Defendant also improperly disclosed privileged matters. Plaintiff alleges the following causes of action: 1. Professional Negligence (Legal Malpractice); 2. B...

Excerpt: ...TIVE RULING 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 Ng breached the motor lease agreement which Defendants entered into with Plaintiff's assignor. Defendant Edward Transit Express Group, Inc. is wrongfully retaining possession of the veh...

Excerpt: ...cts. Plaintiff alleges that her 2018 Jeep Compass suffers from electrical defects. Plaintiff sets forth causes of action under the Song-Beverly Act. Request for Judicial Notice Plaintiff's request for judicial notice is granted. Motion 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.] To further that policy, [Code of Civi...

Excerpt: ...Claw Back of Documents and Seeking Sanctions is denied. Background Plaintiff 2221 Park Place Partners LLC (“Landlord”) filed its original Complaint on June 30, 2020. Plaintiff operative Fourth Amended Complaint was filed on November 29, 2021. Plaintiff alleges the following facts. Plaintiff was the landlord and Defendant 2221 Park Place Tenant LLC (“Tenant”) was the tenant on the subject property located at 2221 Park Place, El Segundo, Ca...

Excerpt: ...days leave to amend. Roshan Jayasinghe's Motion to Strike Portions of Second Amended Complaint is deemed moot. Background Plaintiff filed its Complaint on August 10, 2020. Plaintiff filed its Second Amended Complaint on October 25, 2022. Plaintiff alleges the following facts. Plaintiff delivered merchandise to Defendants pursuant to an agreement. Defendants failed to pay for the merchandise. Plaintiff alleges the following causes of action: 1. Br...

Excerpt: ...0. Plaintiff's First Amended Complaint was filed on August 19, 2020. Plaintiff alleges the following facts. Plaintiff is a former employee of Defendants. Defendants failed to provide proper break and rest periods. Defendants failed to compensate Plaintiff at the required rate for all the hours worked. Defendants failed to accommodate Plaintiff's disability. Plaintiff was wrongfully terminated when he had to take care of his sick wife. Plaintiff a...

Excerpt: ... 2021. Plaintiff alleges the following facts. Plaintiff made and delivered meals to Defendant Air Fayre CA Inc. to be provided to its airline customers. Air Fayre's purchase orders commonly omitted the price for the meals it ordered. Therefore, the parties used a system, designed and maintained by Air Fayre, to set the prices it owed to Chase. Air Fayre and Defendant Darryl Terrell manipulated the pricing system and underpaid Chase. Defendants al...

Excerpt: ...quio Aguilar-Hernandez's Motion to Continue Trial and Uber Technologies, Inc.'s Joinder to Motion to Continue Trial, are continued to February 27, 2023. Estaquio Aguilar-Hernandez's Motion to Compel Neurological Independent Medical Examination is continued to February 27, 2023. Background Plaintiff filed his Complaint on July 18, 2019. Plaintiff's operative Second Amended Complaint was filed on September 2, 2021. Plaintiff alleges the following f...

Excerpt: ...or Summary Adjudication is denied. Background Plaintiffs' Complaint was filed on April 1, 2021. Plaintiffs' First Amended Complaint was filed on June 17, 2021. Plaintiffs allege the following facts. Plaintiffs own and reside at 601 Paseo de los Reyes, Redondo Beach, California 90277. Defendant Karyn Chamberlain is the owner of neighboring property. Defendant Gutierrez & Sons Tree Service & Landscaping, Inc. was hired by Defendant Chamberlain. Def...

Excerpt: ...e following facts. Plaintiff is a former employee of Defendants. Plaintiff filed this action on behalf of himself and similarly aggrieved non-exempt employees under the Private Attorneys General Act (“PAGA”) for recovery of civil penalties pursuant to Labor Code Section 2698, et seq. Request for Judicial Notice Defendant's request for judicial notice, filed on December 29, 2022, is denied. While the Court may, generally, take judicial notice ...

Excerpt: ...rty, Inc., et al.'s Motion to Strike Portions of Complaint 3. Jimmy Kim, et al.'s Demurrer to Complaint 4. Jimmy Kim, et al.'s Motion to Strike Portions of Complaint TENTATIVE RULING 401 South Hoover Property, Inc., et al. and Jimmy Kim, et al.'s Demurrers to Complaint are sustained with 20 days leave to amend. 401 South Hoover Property, Inc., et al. and Jimmy Kim, et al.'s Motions to Strike Portions of Complaint are moot, in part, and granted wi...

Excerpt: ... Jamele, et al.'s Application for Writ of Possession is granted pursuant to Code of Civil Procedure § 512.040(b). Background Plaintiffs filed the Complaint on June 14, 2022. Plaintiffs allege the following facts. Defendants entered into stock purchase agreements with Plaintiffs. Pursuant to the terms of the Agreement, Plaintiffs were to be given a Retained Earnings Promissory Note in an amount to be agreed upon by the parties. Eventually, four a...

Excerpt: ...Background Plaintiffs filed their 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 trichloroethyl...

Excerpt: ...mplaint on March 27, 2017, in both state and federal court. On August 28, 2017, Plaintiff filed a Second Amended Complaint in the federal action. Thus, the Second Amended Complaint is the operative pleading as it was the pleading at issue when the action was remanded back to the instant State Court. Plaintiff alleges the following facts: On October 31, 2016, Plaintiff's mother, decedent Michelle Shirley, was shot and killed by officers of the Tor...

Excerpt: ...nted. Fred J. Kim, DDS, Inc., et al.'s Motion for Attorneys' Fees and Costs is granted. Background Plaintiffs filed their Complaint on January 29, 2020. Plaintiffs allege the following facts. Plaintiff Fred J. Kim, D.D.S. (“Dr. Kim”) is a licensed dentist. Defendant Ta Yeon Park is Dr. Kim's former patient. Defendant Joo Hwan Kim is Ta Yeon Park's son, and he served as Ms. Park's translator during several of her dental appointments. Beginning...

Excerpt: ...denied. Background Plaintiff filed the Complaint on January 15, 2020. Plaintiff alleges the following facts. Plaintiff was employed as a police officer with the City of Hermosa Beach. Plaintiff was injured as an officer, and then improperly investigated in contravention of her rights under the Public Safety Officers Procedural Bill of Rights Act. Plaintiff was retaliated against for attempting to exercise those rights and her due process rights w...

Excerpt: ...e the following facts. Defendants are committing violations of the Los Angeles Municipal Code for home sharing. Transient occupants have exclusive use of Defendants' property. This has resulted in activities that have caused the risk of fire damage based on the occupants smoking and setting of fires. Also, Defendants' conduct exposes Plaintiffs, and the public in general, to COVID-19 risks. The transient occupants have engaged in numerous instanc...

Excerpt: ...g facts. This case arises out of a slip and fall incident occurring on July 16, 2017, at Gardena Buffet & Grill in Gardena, California. Plaintiff, Nancy Jaber, slipped and fell on a piece of raw shrimp at Defendant's premises. Plaintiffs allege the following causes of action: 1. Premises Liability; 2. Negligence; 3. Loss of Consortium. Objections Defendant's objection to Exhibit B of the declaration of Edward M. Morgan is sustained. Motion to Reo...

Excerpt: ...s-Complaint TENTATIVE RULING ACS Logistics GMBH & Company KG's Motion to Quash Service of Summons and Cross- Complaint is granted. Background Stevens Global Logistics, Inc. (“Stevens”) filed its Complaint, Case No. 19TRCV00370, on April 19, 2019. Stevens alleges the following facts. Stevens is a freight forwarding company which arranges for the transportation of cargo for its customers. Texas Aviation Group, LLC (“Texas”) and Summit Sky A...

Excerpt: ...int is sustained with 20 days leave to amend. Cynthia L. Williams, M.D.'s Demurrer to Complaint is sustained with 20 days leave to amend. Holly M. Emge's Demurrer to Complaint is sustained with 20 days leave to amend. Background Plaintiff filed the Complaint on August 28, 2020. Plaintiff alleges the following facts. Plaintiff alleges that the numerous Defendants abuse, neglected, and wrongfully caused the death of his mother, June Horwich. Plaint...

Excerpt: ... Arbitration of Plaintiff's Individual PAGA Claim and to Dismiss Non-Individual PAGA Claim is granted. Background Plaintiff filed the Complaint on September 20, 2021. Plaintiff's First Amended Complaint was filed on June 1, 2022. Plaintiff alleges the following facts. Plaintiff is a former employee of Defendants. Plaintiff filed this action on behalf of herself and similarly aggrieved non-exempt employees under the Private Attorneys General Act (...

Excerpt: ...eptember 7, 2021. Plaintiffs allege the following facts. The action 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...

Excerpt: ...8, 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 action: 1. Breach of Written Note; 2. Quiet Title; 3. Declaratory Relief. Defendant's default was entered on June 8, 2022. Objections Plaintiff's objections 1 and 5 are sustained...

Excerpt: ... Portions of Complaint is denied. Background Plaintiff filed the Complaint on March 22, 2022. Plaintiff alleges the following facts. In 2021, Plaintiff's decedent, Dorris Cragg, was enrolled at Silverado Beach Cities, a residential care facility for the elderly. During a visit on April 7, 2021, Plaintiff discovered decedent incoherent, with bruises on her head. Decedent was transferred to Little Company of Mary- Torrance. Decedent was diagnosed w...

Excerpt: ...ervices Joinder to Motion to Compel Arbitration are granted. Background Plaintiff filed the Complaint on May 24, 2022. Plaintiff alleges the following facts. Plaintiff is a former employee of Defendants. Plaintiff alleges that he was subjected to discriminatory and harassing conduct based on age. Plaintiff did not receive an offer of permanent employment while younger individuals did obtain permanent employment. Plaintiff alleges the following ca...

Excerpt: ...ng facts. Plaintiff alleges 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. Plaintiff alleges a sole cause of action for Fraud in the Procurement of Foreclosure Decree. Meet and Confer Defendant set forth a meet and confer declaration in sufficient compliance with CCP § 430.41. (Decl. Joseph Trenk, ¶ 3.) Demurrer A demurrer tests the suff...

Excerpt: ...aint is sustained with 20 days leave to amend. Fitness International, LLC's Motion to Strike Portions of First Amended Complaint is moot. Background Plaintiff filed the Complaint on May 5, 2021. Plaintiff's First Amended Complaint was filed on March 28, 2022. Plaintiff alleges the following facts. Plaintiff was using an exercise machine at L.A. Fitness which is owned by Defendant Fitness International. While using the exercise machine, which was ...

Excerpt: ...on for Order: Restraining Order and Order to Show Cause is denied. Background Plaintiff filed the Complaint on April 22, 2020. Plaintiff alleges the following facts. The instant action was deemed related to prior action, Case Number YC071173 (which had, itself, been deemed related to prior action YC069634). The actions involve a dispute over ownership of a residential property in Inglewood, California. In 2004, Patricia Simmons- Redd contracted w...

Excerpt: ... is denied. Background Plaintiff filed its Complaint on March 14, 2022. Plaintiff alleges the following facts. Plaintiff and Defendant entered into an agreement in which Plaintiff agreed to perform construction services and delivery of a mezzanine and modulars for Defendant's premises. Plaintiff performed its obligations pursuant to the agreement. Defendant has failed to fully pay for Plaintiff's services. Plaintiff alleges the following causes o...

Excerpt: ...Complaint TENTATIVE RULING Chad Tao's Motion for Plaintiff to Furnish Security is granted. Chad Tao's Demurrer to First Amended Complaint is continued. Background Plaintiff filed the Complaint on December 20, 2019. Plaintiff's First Amended Complaint was filed on February 14, 2020. Plaintiff alleges the following facts. This matter involves a nonjudicial foreclosure proceeding that resulted in a Trustee's Sale on October 10, 2019, at which the su...

Excerpt: ...nt TENTATIVE RULING Active Environmental Solutions, LLC and Joshua Lingurar's Demurrer to First Amended Complaint is sustained with 20 days leave to amend, in part, and sustained without leave to amend, in part. Active Environmental Solutions, LLC and Joshua Lingurar's Motion to Strike Portions of First Amended Complaint is granted with 20 days leave to amend. Background Plaintiffs filed the Complaint on February 26, 2021. Plaintiffs' First Amend...

Excerpt: ...filed on September 28, 2020. Plaintiff alleges the following facts. Plaintiff was hired by Defendants as a laborer in their warehouse facility when he was 14 years old. Plaintiff reported directly to Defendant Nechemia Shoub. Thereafter, Defendant Shoub began to abuse Plaintiff emotionally, mentally, and sexually, who was a minor at all relevant times. Defendant Shoub manipulated Plaintiff into trusting him, in part, using promises of promotion a...

Excerpt: ...mended Cross-Complaint is GRANTED WITHOUT LEAVE TO AMEND as to Punitive Damages and DENIED as to Attorneys' Fees. Cross-Defendant Ali Sepehr's Demurrer to the Third Amended Cross-Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. Cross-Defendant Ali Sepehr's Motion to Strike Portions of the Third Amended Cross- Complaint is GRANTED WITHOUT LEAVE TO AMEND as to Punitive Damages and DENIED as to Attorneys' Fees. Cross-Defendants Aliasghar Khatibi, Ebra...

Excerpt: ...al TENTATIVE RULING Arlene Jaramillo's Motion for Approval of Private Attorneys General Act Settlement is granted. Background Plaintiff filed her Complaint on June 9, 2021, after properly notifying the California Labor and Workforce Development Agency (“LWDA”) of the alleged wage-and-hour violations. Plaintiff alleges the following facts. Plaintiff's representative wage and hour action is brought under the Private Attorney Generals Act (“PA...

Excerpt: ....'s Motion to Strike Portions of Complaint is denied, in part, and granted, with 20 days leave to amend, in part. 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 contact...

Excerpt: ...ntiff suffers from a spinal cord injury and uses a wheelchair for mobility. Defendants own the subject real property and Carl's Jr. restaurant. Plaintiff visited the restaurant and Defendants failed to provide wheelchair accessible parking and restroom in conformance with the ADA Standards. Plaintiff alleges the following cause of action: 1. Violation of the Unruh Civil Rights Act. Meet and Confer Defendants set forth a meet and confer declaratio...

Excerpt: ...lowing facts. On August 12, 2016, Plaintiff slipped and fell on the premises of Defendants. Several Cross-Complaints have been filed including Ability First's Cross-Complaint. Objections Ability's objections to the declaration of Matthew Perry: Objections 1 to 3 are overruled. Objections 4 to 9 are sustained. Motion for Summary Adjudication The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechani...

Excerpt: ... to amend. Robert R. Maxwell, et al.'s Motion to Strike Portions of Complaint is moot, in part, and granted with 20 days leave to amend, in part. Background Plaintiff filed the Complaint on April 29, 2021. Plaintiff alleges the following facts. Plaintiff and Defendants own adjacent real property in Rancho Palos Verdes Estates. Defendants' real property is encroaching into the property line of Plaintiff's property. Plaintiff alleges the following ...

Excerpt: ...intiff filed the Complaint on January 19, 2022. Plaintiff alleges the following facts. Plaintiff entered into an oral contract with Defendant Clean Beauty Concepts LLC. Plaintiff was to receive certain commissions in exchange for identifying purchasers of hand sanitizer for Clean Beauty. Defendant Danish Gajiani, the CEO of Clean Beauty, intentionally misrepresented, on behalf of Clean Beauty, that Plaintiff would be paid the commissions. Plainti...

Excerpt: ...ff files its Complaint on February 17, 2022. Plaintiff's First Amended Complaint was filed on March 29, 2022. 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...

Excerpt: ...iled his Complaint on March 22, 2021. Due to legal troubles, in 2007, Plaintiff was required to leave the country. During this time, Plaintiff and Defendant Margarita Chicas had an agreement that Defendant would manage the real property owned by Plaintiff located at 10234 S. 10th Ave. Inglewood, CA 90303. However, instead, Defendant obtained title to Plaintiff's real property through fraud and forgery of the deed. Plaintiff alleges the following ...

Excerpt: ...laintiffs filed the Complaint on June 23, 2020. Plaintiffs allege the following facts. Plaintiffs leased property from Defendants and were injured due to the uninhabitable conditions on the property. Plaintiffs allege the following causes of action: 1. Violation of Civ. Code § 1942.4; 2. Tortious Breach of the Warranty of Habitability; 3. Breach of the Covenant of Quiet Enjoyment; 4. Nuisance; 5. Violation of Business and Professions Code § 172...

Excerpt: ...tars Behavioral Health Group, Inc., et al.'s Demurrer to First Amended Complaint is sustained with 20 days leave to amend. Stars Behavioral Health Group, Inc., et al.'s Motion to Strike Portions of First Amended Complaint is moot. Background Plaintiffs filed the Complaint on May 10, 2019. Plaintiffs' First Amended Complaint was filed on January 27, 2022. Plaintiffs allege the following facts. On or about July 30, 2018, Plaintiff Armando Zepeda wa...

Excerpt: ...Amended Petition for Writ of Mandate and Prohibition TENTATIVE RULING Palos Verdes Peninsula Unified School District's Demurrer to Second Amended Petition for Writ of Mandate and Prohibition is sustained with 20 days leave to amend. Palos Verdes Peninsula Unified School District's Motion to Strike Portions of Second Amended Petition for Writ of Mandate and Prohibition is moot. Background Petitioner filed the Petition for Writ of Mandate and Prohi...

Excerpt: ...granted. Background Plaintiffs filed the Complaint on March 22, 2016. Plaintiffs' operative Third Amended Complaint was filed on September 20, 2017. Plaintiffs allege the following facts: Defendant Hugh Douglas Bek promised his mother, decedent Barbara Bek Payne, that he would distribute the assets of her estate equally between himself and her grandchildren upon her death. Defendant broke this promise by refusing to distribute any of the property...

Excerpt: ...uly 23, 2019. Plaintiff alleges the following facts: Plaintiff is the owner of real property located at 209 Camino De Las Colinas, Redondo Beach, Los Angeles County, California, which is legally described as follows: 7514002020, 209 Camino De Las Colinas, Torrance, Tract #10300 Lot 32 Blk H. Defendants are the owners of other real property commonly known as 213 Camino, De Las Colinas, Redondo Beach, Los Angeles 5 County, California, which propert...

Excerpt: ...ch 4, 2022. Plaintiff alleges the following facts. Plaintiff and Defendants entered into several partnership agreements to operate several businesses. Defendants made improper demands for payment to Plaintiff and proceeded to terminate Plaintiff's partnership. Plaintiff alleges the following causes of action: 1. Breach of Contract; 2. Breach of the Covenant of Good Faith and Fair Dealing; 3. Breach of Fiduciary Duty; 4. Accounting 5. Conversion; ...

Excerpt: ...ion for Attorneys' Fees and Costs TENTATIVE RULING Mark S. Adams' Motion to Approve and Confirm Retention of Ervin Cohen & Jessup as General Counsel is granted Mark S. Adams' Motion for Discharge of Receiver, Exoneration of Surety, and Order Directing Payment of Costs and Fees is granted. City of Torrance's Motion for Attorneys' Fees and Costs is granted. Background Petitioner City of Torrance filed its petition to appoint a Receiver to remedy su...

Excerpt: ... following facts. In 2018, pursuant to written loan agreements, Plaintiff loaned Defendant in excess of $2 million. Defendant failed to repay the amounts due on the loans pursuant to the terms delineated in the agreements. Plaintiff alleges the following causes of action: 1. Breach of Contract; 2. Fraud/False Promise; 3. Recovery of Personal Property; 4. Specific Performance; 5. Conversion; 6. Violation of California Civil Code § 1719; 7. Declar...

Excerpt: ..., 2018. Plaintiffs alleged the following facts: Plaintiffs entered into a one-year residential lease agreement to rent the real property located at 1642 Carlson Land, Redondo Beach, from Defendant Victor Wang, owner and landlord of the subject property. Plaintiffs allege that rats invaded the property leading them to vacate the premises. Plaintiffs bring the following causes of action: 1. Tortious Breach of the Warranty of Habitability; 2. Breach...

Excerpt: ...r and for Sanctions TENTATIVE RULING Roshan Jayasinghe's Demurrer to First Amended Complaint is sustained with 20 days leave to amend. Roshan Jayasinghe's Motion to Strike Portions of First Amended Complaint is deemed moot. Suriya, LLC's Demurrer to First Amended Complaint and Motion to Strike Portions of First Amended Complaint are hereby stricken. Tropic Fishery Pvt., Ltd.'s Motion to Strike Suriya, LLC's Answer and Request for Sanctions is den...

Excerpt: ...of Kenton Lane, Terrence Theobald, and Maureen Theobald is denied without prejudice. Kenton Lane's Motion to Compel Further Deposition of Dr. Christopher Leach is denied without prejudice. Background Plaintiffs filed their Complaint on July 6, 2020. Plaintiffs allege the following facts. Defendant Kenton Lane became a tenant in Plaintiff's home. Defendant Lane is a marriage and family therapist. Defendant Lane provided therapy services to Plainti...

Excerpt: ..., 2021. Plaintiff alleges the following facts. Plaintiff is a former or current employee of Defendants. Plaintiff, individually, and on behalf of other similarly aggrieved employees, asserts a single cause of action for civil penalties under the Private Attorneys General Act (“PAGA”) for Labor Code violations that allegedly occurred during Plaintiff's employment with Plaintiff's employer. Motion for Leave to Amend The court may, in furtheranc...

Excerpt: ...laintiff alleges the following facts. Plaintiff negotiated a real estate transaction for Defendants. Plaintiff and Defendants entered into a contract for compensation which is attached as Exhibit A-O to the Fourth Amended Complaint. To partially satisfy Defendants' obligation to compensate Plaintiff, Defendants assigned two of their debts/accounts to Plaintiff for services rendered. Plaintiff contends that the assignments were worthless. Plaintif...

Excerpt: ...following facts. Plaintiff leased commercial property from Defendant. Defendant neglected the roof and plumbing of the retail center. Vagrants frequented the parking lot of the retail center and homeless moved into condemned units which caused flooding. Defendant failed to rectify these issues and Plaintiff's skin care business failed. Plaintiff alleges the following cause of action: 1. Breach of Covenant of Quiet Enjoyment; 2. Negligence; 3. Con...

Excerpt: ... Background 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 appurtenance...

Excerpt: ...nied. Background Plaintiff filed the Complaint on August 31, 2021. Plaintiff's First Amended Complaint was filed on October 28, 2021. Plaintiff provided to the Defendants cash, goods, and services in connection with work on the home of Defendants. In return, Defendants agreed to give Plaintiff land in Mexico. Defendants failed to perform. Plaintiff alleges the following cause of action: 1. Promise Made Without Intention to Perform. Objections Pla...

Excerpt: ...Building & Design's Motion to Compel Further Responses to Special Interrogatories, Set Two, is granted. Austin Building & Design's Motion for Leave to File First Amended Cross-Complaint is denied. Background Plaintiff Hardrock Management Corporation (“Hardrock”) filed its Complaint on October 8, 2019. Plaintiff's First Amended Complaint was filed on December 18, 2019. Plaintiff alleges the following facts. Northrup Grumman hired Austin as a g...

Excerpt: ...mend, in part, and without leave to amend, in part. The demurrer to the first through third causes of action is sustained with 20 days leave to amend. The demurrer to the fourth cause of action is sustained without leave to amend. City of Lawndale's Motion to Strike Portions of First Amended Complaint is moot. Background Plaintiff's Complaint was filed on March 18, 2021. Plaintiff's First Amended Complaint was filed on February 8, 2022. Plaintiff...

Excerpt: ...enied. Background Plaintiff Princess Obienu filed her Complaint on July 16, 2020. The First Amended Complaint was filed on April 11, 2022 by a new Plaintiff: Tamunomietta Jaja. Plaintiff alleges the following facts. Plaintiff lived at the apartment located at 818 Austin Avenue, Unit 8, Inglewood, California. However, the conditions in which she lived were uninhabitable due to water intrusion, mold infestation, and excessive noise. In the original...

Excerpt: ... part. Sophie Adams, et al.'s Motion to Reclassify is denied without prejudice. Background Plaintiff filed the Complaint on October 1, 2021. Plaintiff alleges the following facts. Plaintiff engaged Defendant Sophie Adams' psychic services for a Tarot card reading, and she informed Plaintiff that he suffered from “mala suerte” (bad luck). Plaintiff paid a deposit of $1,000, towards a $5,100 charge, to reinstate good luck which would help save ...

Excerpt: ...on for Leave to File Second Amended Cross- Complaint is denied without prejudice. Juan Luis Hernandez's Demurrer to First Amended Cross-Complaint is sustained with 20 days leave to amend. Juan Luis Hernandez's Motion for Sanctions is denied. Background Plaintiff filed his Complaint on March 22, 2021. Due to legal troubles, in 2007, Plaintiff was required to leave the country. During this time, Plaintiff and Defendant had an agreement that Defenda...

Excerpt: ...ntiff filed the Complaint on February 5, 2021. Plaintiff alleges the following facts. Plaintiff and Defendant Valley of the Sun Cosmetics, LLC entered into a contract for warehouse storage services on certain shampoo bottles and caps. Defendant failed to pay for the services. Plaintiff placed a lien on the products stored. Plaintiff alleges the following causes of action: 1. Breach of Written Contract; 2. Declaratory Relief; 3. Injunctive Relief;...

Excerpt: ...operty located at 7137 Avenida Altisima Rancho Palos Verdes CA 90275. 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 unlawful detainer. However, other recent cases have held that a demurrer is the appropriate method to challenge whether a complaint states a valid cause of action for unlawful ...

Excerpt: ...E RULING 2221 Park Place Partners LLC's Motion to Compel Further Responses to and Compliance with Request for Production of Documents (Set One) is denied. Marten King's Application to Appear as Counsel Pro Hac Vice is granted. Background Plaintiff 2221 Park Place Partners LLC (“Landlord”) filed its original Complaint on June 30, 2020. Plaintiff operative Fourth Amended Complaint was filed on November 29, 2021. Plaintiff alleges the following ...

Excerpt: ...t Amended Complaint was filed on February 3, 2022. Plaintiffs allege the following facts. Plaintiffs allege that Defendants forcibly entered, and Plaintiffs were forcibly evicted from their lawful possession of the property located at 13106 S. Vermont Ave., Unit #7, Gardena, Ca. 90247. Plaintiffs allege the following causes of action: 1. Forcible Entry; 2. Forcible Eviction. Defendant Weststar Property Management filed a Cross-Complaint on Februa...

Excerpt: ...8. Plaintiff seeks 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 Tr...

Excerpt: ... Complaint is granted. Background Plaintiff filed his Complaint on May 4, 2021. Plaintiff alleges the following facts. On or about August 7, 2020, Plaintiff entered into a rental agreement with Defendant who owns the property located at 416 Virginia Street, El Segundo, California 90245. At the end of the lease term, Defendant failed to refund the security deposit. Plaintiff alleges the following causes of action: 1. Bad Faith Retention of Securit...