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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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