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

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

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

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

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

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

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

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

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

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

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

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: ...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 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...