Excerpt: ...sh Service of Summons and Complaint 5. John W. McCauley's Application to Appear as Counsel Pro Hac Vice 6. Alan W. Nicgorski's Application to Appear as Counsel Pro Hac Vice TENTATIVE RULING Air Fayre CA Inc. and Darryl Terrell's Demurrer to Complaint is overruled, in part, and sustained with 20 days leave to amend, in part. Chase Packaging, LLC's Demurrer to Cross-Complaint is overruled. Chase Packaging, LLC's Motion to Strike Portions of Cross- ...

Excerpt: ... Compel Attendance at Deposition and for Sanctions is granted. Background Plaintiff filed his Complaint Filed on August 14, 2019. Plaintiff alleges the following facts. Plaintiff sues on a promissory note. A demand was made on Defendant for payment pursuant to terms of the promissory note, but Defendant has refused to pay. Plaintiff alleges the following causes of action: 1. Breach of Contract – Promissory Note. On February 14, 2022, Plaintiff'...

Excerpt: ...ptember 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 of Defendant within the State of California. Plaintiff's operative FAC alleges the following violations of the Cali...

Excerpt: ...ATIVE RULING Alberto Navarro dba Ocean Pools Plastering Company's Motion for Determination of Good Faith Settlement is granted. Steve Larkin dba SRL Construction's Motion to Contest Good Faith Settlement is denied. 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...

Excerpt: ...d”) filed its Complaint on July 23, 2020. Plaintiff alleges the following facts. Defendants commenced construction of a coffee shop and made unauthorized modifications to the common areas, which violate the Conditions, Covenants and Restrictions (CC&Rs) which govern the subject property. Plaintiff seeks to enjoin Defendants from continuing with any construction, modifications or improvements to Unit 109 and the common areas of 1300 Highland. Pl...

Excerpt: ...e 3. Weststar Property Management, Inc.'s Motion to Compel Juan Ramirez's Responses to Requests for Admission, Set One 4. Weststar Property Management, Inc.'s Motion to Compel Juan Ramirez's Requests for Production of Documents, Set One 5. Weststar Property Management, Inc.'s Motion to Compel Alondra Ramirez's Responses to Form Interrogatories, Set One 6. Weststar Property Management, Inc.'s Motion to Compel Alondra Ramirez's Responses to Special...

Excerpt: ...ed. 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 alleges that he 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. Negligence; 3. Negligent...

Excerpt: ...otion to Compel Further Responses to Request for Production of Documents, Set Two TENTATIVE RULING Ronald Neer, et al.'s Motion to Compel Further Responses to Request for Production of Documents, Set Three, Requests for Admissions, Set Three, and Form Interrogatories, Set Three is granted, in part, and is denied, in part. USAA Casualty Insurance Company's Motion to Compel Further Responses to Request for Production of Documents, Set Three is deni...

Excerpt: ...ing facts. Plaintiff and Defendant Alan Boeke were both shopping at a Vons market when they had an argument inside the store. When Plaintiff exited the store, Defendant Boeke, was already in his vehicle, and intentionally drove his vehicle into Plaintiff and struck Plaintiff. Defendant Boeke then backed up the vehicle and intentionally ran over Plaintiff's legs. Defendant then fled the scene of the incident. Afterwards, Defendants Boeke and Ronal...

Excerpt: ...2. Plaintiff alleges the following facts. Plaintiff purchased a Honda Pilot from Barber-Honda Bakersfield. Plaintiff received written, express, and implied warranties from Defendant in connection with her purchase. After five repair attempts, the vehicle continues to suffer from defects. Plaintiff was told by Defendant's agent that Defendant was interested in resolving the matter, but a resolution of the matter was not reached. Plaintiff alleges ...

Excerpt: ...ion to Quash Service of Summons and Complaint is granted. Ikegai Corporation's Motion to Quash Service of Summons on Third Amended Complaint is granted. Background Plaintiffs filed their Complaint on July 29, 2019. The operative Third Amended Complaint was filed on February 24, 2021. Plaintiffs allege the following facts. Plaintiff Ty Nguyen was working for Nationwide Plastic Products, Inc. when he was injured because of his arm becoming caught i...

Excerpt: ...ond Amended Complaint is overruled, in part, and sustained without leave to amend, in part. LAX Hotel Venture, Inc., et al.'s Motion to Strike Portions of Second Amended Complaint is moot. Background Plaintiffs filed their Complaint on July 23, 2021. Plaintiffs' operative Second Amended Complaint was filed on May 18, 2022. Plaintiffs allege the following facts. On January 22, 2021, Plaintiffs were guests at the Travelodge Lax South motel, located...

Excerpt: ...2, 2020. Plaintiffs' First Amended Complaint was filed on July 30, 2020. Plaintiffs allege the following facts. Plaintiffs' decedent was killed in automobile accident. Defendants were operating a 2016 Tesla Model S which purportedly suffered from defects. Plaintiffs allege the following causes of action: 1. Negligence; 2. Negligent Hiring, Training, Retention, and Supervision; 3. Strict Product Liability; 4. Negligence Product Liability; 5. Negli...

Excerpt: ...October 22, 2019. Plaintiff alleges the following facts. Plaintiff purchased a 2016 Volvo XC60 vehicle, which was manufactured and distributed by Defendant. The vehicle suffers from defects, including defects to the transmission system, electrical system, braking system, suspension system, and engine. Defendant has not been able to repair the vehicle and Defendant has refused to repurchase the vehicle. Plaintiff alleges a violation of the Song-Be...

Excerpt: ... Allow Plaintiffs to Discover Financial Condition Information TENTATIVE RULING Hazel Alers' Motion for Reconsideration of Order of Dismissal is denied. Hazel Alers, et al.'s Motion to Amend Second Amended Complaint to Include Punitive Damages Claims and Motion for an Order to Allow Plaintiffs to Discover Financial Condition Information are deemed moot. No operative Second Amended Complaint currently remains against the Defendants that would suppo...

Excerpt: ...filed his Complaint on May 6, 2019. Plaintiff alleges the following facts. Plaintiff signed up with Del Dental Group in March of 2017. Plaintiff sought to repair chips in his top left front tooth and right front tooth. During Plaintiff's initial consultation with Dr. Shahrzad Fattahi Zarrinnam, D.D.S., Dr. Zarrinnam stated that Plaintiff would need veneers or crowns. Also Dr. Zarrinnam stated that Plaintiff did not need a root canal. Plaintiff al...

Excerpt: ..., Set Three TENTATIVE RULING 31 st Street HB Investment Group, LLC's Motion to Quash and/or Motion for Protective Order is denied. 31 st Street HB Investment Group, LLC's Motion to Compel Further Responses to Request for Production of Documents, Set Three is denied. Background Plaintiff filed the Complaint on September 15, 2020. Plaintiff alleges the following facts. Plaintiff purchased drywall from Defendant. Once installed, the drywall retained...

Excerpt: ... Motion to Compel Further Responses to Request for Production of Documents, Set Two is granted, in part. Austin Building & Design's Motion for Summary Adjudication is denied. The Court notes that Defendant's Motion for Summary Adjudication was originally heard on May 25, 2022. The motion was denied as to Issue 2 but continued as to Issue 1. Thus, the Court will omit discussions of Issue 2 and the parties are referred to the minute order of May 25...

Excerpt: ...filed its First Amended Complaint on March 17, 2021. Plaintiff alleges the following facts. On October 19, 2019, Plaintiff financed Defendant Georgette Christelle Ngo Biiga's (“Biiga”) purchase of a 2015 Dodge Challenger for $25,810.00. Defendant failed to make a single payment on the loan or obtain insurance. Defendant Biiga brought the vehicle to Defendant Planet Collision Center (“Planet”) and did not pay for the repairs. Defendant Pla...

Excerpt: ...s Motion to Compel Responses to Supplemental Special Interrogatories and Supplemental Request for Production of Documents TENTATIVE RULING W.W. Grainger, Inc.'s Motion for Reconsideration is denied. Dan O' Leary's Motion to Compel Further Responses from W.W. Grainger to First Set of Inspection of Demands with Request for Monetary and Evidentiary Sanctions is denied. Dow Chemical Company's Motion to Compel Responses to Supplemental Special Interro...

Excerpt: ...idence Little Company of Mary Medical Center Torrance's Motion to Strike Portions of First Amended Complaint 3. Ata Mazheri, M.D., Inc.'s Demurrer to First Amended Complaint 4. Ata Mazheri, M.D., Inc.'s Motion to Strike Portions of First Amended Complaint 5. Reshma Kamath's, Counsel for Plaintiff Karen Silva, Motion to be Relieved as Counsel TENTATIVE RULING Providence Health System – Southern California dba Providence Little Company of Mary Me...

Excerpt: ...r as to Dangia Group, Inc. TENTATIVE RULING Splitting Hairs Hermosa LLC's Applications for Writ of Attachment and Right to Attach Order are granted, in part, and denied, in part. Splitting Hairs Hermosa LLC's Application for Writ of Attachment and Right to Attach Order as to Dangia Group, Inc. is granted. Splitting Hairs Hermosa LLC's Application for Writ of Attachment and Right to Attach Order as to Daniel Joseph Policicchio, Sr. is denied. Back...

Excerpt: ...granted. Background Plaintiff filed the Complaint on July 23, 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 empl...

Excerpt: ...omplaint on August 27, 2020. Plaintiffs allege the following facts. Plaintiffs are the legal and equitable owners of the real property commonly known as 534 West Magnolia Avenue, Inglewood, CA 90301. Defendants John and June Guzman are owners of 532 West Magnolia Avenue, Inglewood, CA 90301 which is directly adjacent to the side of Plaintiffs' property. Defendants erected a non- permanent jacuzzi deck and gazebo-type structure, partially on the r...

Excerpt: ...tained with 20 days leave to amend. Background Plaintiff L.O., through 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 Hawthor...

Excerpt: ... to First Amended Complaint is sustained with 20 days leave to amend. Prime Healthcare Centinela, LLC's Motion to Strike Portions of First Amended Complaint is granted, with 20 days leave to amend, in part, and is moot, in part. Background Plaintiff filed the Complaint on June 22, 2020. Plaintiff's First Amended Complaint was filed on July 28, 2021. Plaintiff alleges the following facts. This case arises out of Plaintiff's medical care and treatm...

Excerpt: ...mplaint on February 16, 2021. Plaintiff alleges the following facts. Plaintiff is a condominium development located in the City of Redondo Beach. Plaintiff alleges that Defendants and Defendants' son Shervin Dirinpour have committed actions in violation of the governing documents of Plaintiff. Plaintiff alleges that Shervin Dirinpour has engaged in several instances of aggressive, threatening, intimidating, and harassing behavior toward the Assoc...

Excerpt: ...d as Trustee of Michael La Caze Trust's Motion for Attorneys' Fees and Costs is granted, in part. Background Plaintiff filed her Complaint on March 9, 2021. Plaintiff alleges the following facts. Plaintiff was a tenant on property owned by Michael La Caze, Individually and as Trustee of Michael La Caze Trust (“La Caze”) and managed by First Light Property Management, Inc. (“First Light”). Defendants illegally increased the rent in breach ...

Excerpt: ...Further Responses to Special Interrogatories, Set One, is denied. Lorena Boch's Motion to Compel Further Responses to Request for Production of Documents, Set One is granted, in part, and denied, in part. Background Plaintiffs filed their Complaint on December 11, 2019. Plaintiffs' Second Amended Complaint was filed on November 18, 2020. This is a “Lemon Law” case brought by Plaintiffs concerning a 2017 Hyundai Elantra, VIN KMHD74LF7HU135853,...

Excerpt: ..., Inc., a California Corporation, in the Amount of $3,221.77 for Failure to Appear at Noticed Depositions is denied. Background Plaintiffs filed their Complaint on June 2, 2020. Plaintiffs allege the following facts. Defendant Norma Gochez sold the subject property located at 5959-5961 W. 85 th Place, Los Angeles, California 90045 to Plaintiffs. Gochez declared on mandated disclosures that she was not aware of past mechanic's liens. However, Defe...

Excerpt: ... default judgment for the reasons stated herein. Background Plaintiff filed her Complaint on September 2, 2021. Plaintiff alleges the following facts. Plaintiff alleges a sole cause of action for Unlawful Detainer as to the following residential property: 3682 West Scribner Lane, Inglewood, California 90305. Defendant's default was entered on February 28, 2022. Clerk's default judgment for possession was entered on February 28, 2022. Motion to Se...

Excerpt: ...ry 5, 2019. Plaintiffs' operative Second Amended Complaint was filed on June 17, 2019. Plaintiffs allege the following facts. Plaintiffs Kurt Baker and Dustin Holcomb entered into a commercial lease with Defendant Redondo Riviera Associates, LLC ("Defendant") to operate a fitness club in Redondo Beach on the subject commercial property. Plaintiffs claim that Defendant failed to inform them of the nature and extent of renovations being done to the...

Excerpt: ... Complaint is sustained without leave to amend. Pacifica Hotels, LLC, et al.'s Motion to Strike Portions of Second Amended Complaint is moot, in part, and granted without leave to amend, in part. Background Plaintiff's Complaint was filed on October 23, 2020. Plaintiff's Second Amended Complaint was filed on February 2, 2022. Plaintiff alleges the following facts: Plaintiff suffered bed bug bites after staying at Defendants' hotel. Plaintiff alle...

Excerpt: ...intiffs and Defendant entered into a settlement agreement in Case No. YC072026. Defendant breached the settlement agreement. Plaintiffs allege the following causes of action: 1. Breach of Oral Contract and Breach of Settlement Agreement; 2. Fraudulent Misrepresentation. Meet and Confer Defendant submitted a meet and confer declaration in sufficient compliance with CCP § 430.41. (Decl., Einar W. Johnson, ¶¶ 3-4.) Demurrer A demurrer tests the s...

Excerpt: ...kground Plaintiff files its Complaint on August 6, 2021. Plaintiff alleges the following facts. Plaintiff is an out- of-network medical provider with a history of treating participants of the health plan of Defendants. Plaintiff alleges that it provided medically necessary services to insured member patients (Patient A; Patient B). Plaintiff alleges that Defendants made oral promises and representations that they would pay 60 percent of the allow...

Excerpt: ... 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 (“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 Defe...

Excerpt: ... filed his Complaint on September 10, 2021. Plaintiff alleges the following facts: Plaintiff, as a lawyer of Medvei Law Group, APC, represented a party that sued one of Defendant's clients, Brandi Linton, in Case No. 20STCV42456. Thereafter, in a subsequent case, 21STCV07905, Defendant, via his client Brandi Linton, filed a Complaint against Plaintiff, who is not an immigration consultant, as defined in the Immigrations Consultants Act (“ICA”...

Excerpt: ...Hernandez's Motion to Strike Portions of Cross- Complaint is moot. 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 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...

Excerpt: ...tion to Compel Further Responses to Request for Production of Documents, Set Two is continued. Austin Building & Design's Motion for Summary Adjudication 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 general contractor on a construct...

Excerpt: ...s Motion to Reopen Expert Discovery or in the Alternative to Augment or Amend Expert Designation is granted. Background Plaintiffs filed their Complaint on October 16, 2017. Plaintiffs allege the following facts. Plaintiffs hired Defendants to manage their property. Defendants breached the contract when they, among other things, negligently hired themselves and/or unlicensed contractors, to perform construction on the building thus resulting in e...

Excerpt: ...Inc., a California Corporation, in the Amount of $3,221.77 for Failure to Appear at Noticed Depositions is denied without prejudice. Background Plaintiffs filed their Complaint on June 2, 2020. Plaintiffs allege the following facts: Defendant Norma Gochez sold the subject property located at 5959-5961 W. 85 th Place, Los Angeles, California 90045 to Plaintiffs. Gochez declared on mandated disclosures that she was not aware of past mechanic's lien...

Excerpt: ...ith 20 days leave to amend, in part, and without leave to amend, in part. Amen Pest Control, Inc.'s Motion to Strike Portions of First Amended Complaint is moot, in part, granted without leave to amend, in part, and granted with 20 days leave to amend, in part. Background Plaintiffs' Complaint was filed on May 3, 2021. Plaintiffs' First Amended Complaint was filed on March 18, 2022. Plaintiffs allege the following facts: Plaintiffs suffered bed b...

Excerpt: ...estment Company, Inc.'s Motion to Strike Portions of Complaint is granted with 20 days leave to amend. Background Plaintiff's Complaint was filed on August 7, 2019. Plaintiff alleges the following facts: Plaintiff suffered bed bug bites after staying at Defendants' hotel. Plaintiff alleges the following causes of action: 1. Battery 2. Negligence 3. Intentional Infliction of Emotional Distress 4. Fraudulent Concealment 5. Private Nuisance 6. Publi...

Excerpt: ...ied. Background Plaintiff filed his Complaint on September 6, 2019. Plaintiff's operative First Amended Complaint was filed on November 27, 2019. Plaintiff alleges medical malpractice on the part of Defendants with respect to a shoulder operation completed by Defendants. A surgical scalpel blade was left in Plaintiff's shoulder causing harm to Plaintiff. After a demurrer was sustained without leave to amend with respect to the fraudulent concealm...

Excerpt: ...y 11, 2020. Plaintiff filed his Second Amended Complaint on July 28, 2021. Plaintiff alleges the following facts: Plaintiff was a longtime friend and client of an attorney named Richard J. Stall, Jr. (“decedent”). In 1993, Plaintiff and decedent entered into an oral agreement in which Plaintiff loaned decedent $348,418.02 at 10 percent interest. No specific time for repayment is specified other than payment upon demand. Plaintiff alleges that...

Excerpt: ...tiff filed the Complaint on September 22, 2021. The First Amended Complaint was filed on December 20, 2021. Plaintiff alleges the following facts: Plaintiff is the lessor of premises located at 5260 W. 104th Street, Los Angeles, California. The lessees are Defendant Starline Tours of Hollywood, Inc. and Defendant Professional Fleet Services, Inc. (“PFS”). The premises is a commercial property that the parties agreed would be used for parking,...

Excerpt: ...ber 20, 2021. Plaintiffs allege 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 (“PAGA”) for recovery of civil penalties pursuant to Labor Code Section 2698, et seq. Meet and Confer Defendants set forth a meet and confer declaration in compliance with CCP § 430.41. (Declaration, Bryanne J. L...

Excerpt: ...efault and Default Judgment is granted. Background Plaintiff filed its Complaint on April 1, 2021. Plaintiff alleges the following facts: Plaintiff operates a childcare and education center at the Promenade on the Peninsula (“The Promenade”) in Rolling Hills, California. Defendant operates a fitness club in a neighboring suite at The Promenade. Defendant has caused a nuisance via excess noise and vibrations. Defendant's activities also caused...

Excerpt: ...plaint is granted. Background Plaintiff filed his Complaint on May 30, 2018. Plaintiff alleges the following facts: Plaintiff was employed by AAA Packing and Shipping, Inc. Plaintiff was working at a construction site located at 525 North Sepulveda Blvd., El Segundo, CA 90245. Defendant/Cross-Complainant, Rubicon B. Hacienda, LLC (hereinafter, “Rubicon”), the owner of the property contracted with Smart Grid Construction (“Smart Grid”) to ...

Excerpt: ...st Amended Complaint was filed on August 19, 2021. Plaintiff alleges the following facts: Plaintiff contends she was misclassified as an exempt employee. Plaintiff worked six days a week, more than eight hours a day, and more than 40 hours a week. Plaintiff was paid a fixed salary regardless of the days and hours worked. Plaintiff received no meal breaks or rest periods. Defendants did not maintain nor provide Plaintiff with accurate time records...

Excerpt: ...t on July 17, 2019. Plaintiff alleges the following facts: Plaintiff is an out- of-network medical provider with a history of treating participants of the ILWU-PMA Welfare Plan (“Plan”). Plaintiff rendered medical services to four individual patients who were participants and/or beneficiaries under the Plan. Prior to rendering medical services, Plaintiff called Defendant to verify the patients' insurance benefit eligibility, and to obtain the...

Excerpt: ... to Form Interrogatories, Set One, and Special Interrogatories, Set One, is granted, in part, and moot, in part. As to Form Interrogatory 9.1 and Special Interrogatories 1-24, 32, 36, and 37, the motion is granted. As to Form Interrogatory 9.2, the motion is moot. Background Plaintiffs filed their Complaint on August 1, 2019. Plaintiffs allege the following facts: Plaintiffs suffered a drain leak and water damage on real property owned by them an...

Excerpt: ...stained with 20 days leave to amend, and sustained without leave to amend, in part. Ming Management, Inc.'s Motion to Strike Portions of First Amended Complaint is granted with 20 days leave to amend, in part, and is moot, in part. Background Plaintiff filed her Complaint on April 1, 2020. Plaintiff's operative First Amended Complaint was filed on May 18, 2021. Plaintiff alleges the following facts: Plaintiff entered into a lease agreement with D...

Excerpt: ...-Complaint of M & N Financing Corporation is sustained with 20 days leave to amend. Western Surety Company's Motion to Strike Portions of Cross-Complaint of M & N Financing Corporation is moot. Background Plaintiff filed his Complaint on March 24, 2021. Plaintiff alleges the following facts: Plaintiff purchased a 2016 Hyundai Sonata on December 24, 2018. Plaintiff later discovered that the dealer did not pay the warranty company for the warranty ...

Excerpt: ... August 28, 2017. The Court notes that Plaintiff's Second Amended Complaint was filed when the action was pending in the federal district court. 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 from the Torrance...

Excerpt: ...fs filed their Complaint on February 5, 2019. Plaintiffs' operative Second Amended Complaint was filed on June 17, 2019. Plaintiffs allege the following facts. Plaintiffs Kurt Baker and Dustin Holcomb entered into a commercial lease with Defendant Redondo Riviera Associates, LLC ("Defendant") to operate a fitness club in Redondo Beach on the subject commercial property. Plaintiffs claim that Defendant failed to inform them of the nature and exten...

Excerpt: ...ired to leave the country. During this time, Plaintiff and Defendant 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. Fraud; 5. Breach...

Excerpt: ...aint TENTATIVE RULING Big Brothers Big Sisters of Greater Los Angeles, Inc.'s Demurrer to First Amended Complaint is sustained without leave to amend, in part, and sustained with 20 days leave to amend, in part. Big Brothers Big Sisters of America's Demurrer to First Amended Complaint is sustained without leave to amend, in part, and sustained with 20 days leave to amend, in part. Big Brothers Big Sisters of America's Motion to Strike Portions of...

Excerpt: ...et One is moot. Background Plaintiffs filed their Complaint on January 17, 2020. Plaintiffs allege the following facts. Plaintiffs allege that their 2016 Chrysler 300, which was manufactured and distributed by Defendant, suffers from widespread defects, including transmission and engine defects, and that Defendant has been unable to repair their vehicle within a reasonable number of attempts. Plaintiffs further allege that Defendant knew that the...

Excerpt: ...irst Amended Complaint was filed on April 3, 2019. Plaintiffs allege the following facts. Defendants Roberto Bonilla and Jose Martinez botched a hernia operation, and then, fraudulently transferred assets to avoid judgment. Plaintiffs allege the following causes of action: 1. Rescission of Settlement Agreement; 2. Civil Battery; 3. Fraudulent Deceit; 4. Loss of Consortium; 5. Voidable Transactions. Meet and Confer Defendant set forth a meet and c...

Excerpt: ...allege the following facts. On or about January 26, 2007, Plaintiffs obtained a second mortgage loan from Defendant Great Western Home Loans in the amount of $102,000.00, secured by a deed of trust recorded against the subject property, 1131 South Truro Avenue, Inglewood, CA 90301, on February 1, 2007, in the Los Angeles County Recorder's Office as Instrument No. 20070214681. (Complaint, Exhibit C). Plaintiffs had previously obtained a loan modif...

Excerpt: ...ssions, Set Two, and Form Interrogatories, Set Two TENTATIVE RULING USAA Casualty Insurance Company's Motion to Compel Further Responses to Form Interrogatories, Set One, and Special Interrogatories, Set One, is continued. Ronald Neer, et al.'s Motion to Compel Further Responses to Requests for Admissions, Set Two, and Form Interrogatories, Set Two, is denied. Background Plaintiffs filed their Complaint on August 1, 2019. Plaintiffs allege the fo...

Excerpt: ...20 days leave to amend. Ming Bai Petrullo's Demurrer to Cross-Complaint is sustained with 20 days leave to amend. Ming Bai Petrullo's Motion to Strike Portions of Cross-Complaint is granted with 20 days leave to amend. Background Plaintiff filed the Complaint on May 4, 2021. Plaintiff alleges the following facts: Plaintiff is an owner of real property subject to the by-laws and Covenant, Conditions, and Restrictions (“CC&Rs”) of Defendant 190...

Excerpt: ...intiffs filed their Complaint on September 28, 2020. Plaintiffs' First Amended Complaint was submitted on January 19, 2021, but never officially filed. On August 24, 2021, the parties stipulated that the First Amended Complaint was deemed filed on January 19, 2021. Plaintiffs alleged numerous causes of action in relation to the death of Plaintiffs' decedent Alejandro Alers, Sr. The Plaintiffs in this action were the Estate of Alejandro Alers, Sr....

Excerpt: ...1. Plaintiffs alleges the following facts: Defendant owns real property located at 1467 11th St., Manhattan Beach ‐ APN 4167‐001‐025 ("Property"). Defendant is maintaining the following nuisance conditions: discharge of storm water into the municipal sewer system, discharging paint onto the curb, altering or demolishing a building on the property without permits, maintaining the residence in an unsafe condition, and allowing for the accumul...

Excerpt: ...romissory note. A demand was made on Defendant for payment pursuant to terms of promissory note, but Defendant has refused to pay. Plaintiff alleges the following causes of action: 1. Breach of Contract – Promissory Note. On February 14, 2022, Plaintiff's ex parte application to continue the trial and to reopen discovery and extend the discovery cutoff date to correspond to the new trial date was denied. Plaintiff failed to appear for the ex pa...

Excerpt: ...20. Plaintiff alleges the following facts: Plaintiff alleges that Defendant wrongfully evicted Plaintiff and attempted to extort Plaintiff. Plaintiff alleged the following causes of action: 1. Invasion of Interest in Real Property; 2. Conversion; 3. Trespass to Chattels; 4. Promissory Fraud; 5. Breach of Written Contract; 6. Breach of Oral Contract; 7. Promissory Estoppel; 8. Interference with Contractual Relations; 9. Interference with Prospecti...

Excerpt: ...t 23, 2021. Plaintiff alleges the following facts: This action arises from the recordation of the notice of default and notice of trustee's sale and resulting trustee's sale of Plaintiff's former real property located at 748 Venice Way, Inglewood, California 90302. Plaintiff alleges that the purported transfer of her note and deed of trust did not legally occur because, at the time Defendants purportedly acquired an interest in Plaintiff's mortga...

Excerpt: ...Default and Default Judgment is granted. Background Plaintiff filed its Complaint on April 1, 2021. Plaintiff alleges the following facts: Plaintiff operates a childcare and education center at the Promenade on the Peninsula in Rolling Hills Estates, California. Defendant operates a fitness club in a neighboring suite at The Promenade. Defendant has caused a nuisance via excess noise and vibrations. Defendant's activities also caused fixtures to ...

Excerpt: ...omplaint on July 16, 2020. 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. Plaintiff alleges the following causes of action: 1. Failure to Provide Habitable Dwelling; 2. Breach of Covenant of Quiet Enjoyment; 3. Intentional Infliction of Em...

Excerpt: ...fs allege the following facts: Plaintiffs are an out-of-network surgery center that provides services to patients insured by Defendants. Defendants authorized surgical services, made specific representations regarding the rate of coverage, and confirmed that no pre-authorization requirements were needed prior to services being rendered. The services were performed in reliance on Defendants' pre-service representations. However, Defendants signifi...

Excerpt: ...nt on October 22, 2021. Plaintiffs allege the following facts: Plaintiff Iisha Byas' mother, Ceylon Byas, was an employee of Defendant Property Management Associates, Inc. as an onsite property manager. The property was owned by Defendant Three Rainbows, LLC. Ceylon Byas was allegedly physically attacked by Defendant Sarah Bruce, a tenant at the property. As a result of this attack, Ceylon Byas died. Plaintiffs alleges causes of action for: 1. Ne...

Excerpt: ...wan Kim, et al.'s Motion for Leave to File an Opposition to Plaintiff's Special Motion to Strike 4. Fred J. Kim, DDS, Inc., et al.'s Motion for Sanctions Pursuant to CCP § 128.7 TENTATIVE RULING Joo Hwan Kim, et al.'s Motions for Reconsideration of Court's Granting of Attorneys' Fees Pursuant to CCP § 425.16 and CCP § 128.7 are denied. Joo Hwan Kim, et al.'s Motion for Leave to File an Opposition to Plaintiff's Special Motion to Strike is deni...

Excerpt: ...'s Motion to Seal Documents Submitted in Support of Defendant's Motion for Summary Judgment, or, in the Alternative, Summary Adjudication is granted. Background Plaintiffs filed their Complaint on April 29, 2019. Plaintiffs' First Amended Complaint was filed on July 12, 2019. Plaintiffs allege the following facts: Plaintiffs Michael Gael and Ronald A. Sturtz were involved in a multi-vehicle motor vehicle accident while on vacation in Costa Rica. ...

Excerpt: ... troubles, in 2007, Plaintiff was required to leave the country. During this time, Plaintiff and Defendant had an agreement that Defendant would manage the real property owned by Plaintiff located at 10234 S. 10th Ave., Inglewood, CA 90303. Instead, however, 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. Cancella...

Excerpt: ...ming Discovery Withdrawn is granted, in part. Background Plaintiff filed its Complaint on July 16, 2021. Plaintiff alleges the following facts: Plaintiff states that it properly invoked a lease purchase option in a lease related to real property described as 3501 Sepulveda Boulevard and 22100 Hawthorne Boulevard, in the City of Torrance, County of Los Angeles, State of California, Assessor's Parcel Nos. 7366- 019-132 and 7366-019-133. Plaintiff a...

Excerpt: ..., and with 20 days leave to amend, in part. Amen Pest Control, Inc.'s Motion to Strike Portions of Complaint is denied. Background Plaintiffs' Complaint was filed on May 3, 2021. Plaintiffs allege the following facts: Plaintiffs suffered bed bug bits in their apartment. The apartment was sprayed by Amen Pest Control, Inc. Plaintiffs allege the following causes of action: 1. Battery 2. Negligence 3. Intentional Infliction of Emotional Distress 4. ...

Excerpt: ...plaint TENTATIVE RULING Karyn Chamberlain's Demurrer to First Amended Complaint is overruled. Gutierrez & Sons Tree Service & Landscaping, Inc.'s Joinder to Demurrer to First Amended is overruled. Karyn Chamberlain's Motion to Strike Portions of First Amended Complaint 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: Plain...

Excerpt: ...16, 2021. Plaintiff alleges the following facts: Plaintiff and Milton Howard Morrison were in a committed relationship for over 10 years and were engaged when Plaintiff decided to purchase a home for her and her children. On or about May 2006, Plaintiff and Mr. Morrison entered into an oral agreement. The terms of the agreement were that Mr. Morrison would obtain the loan and pay the down payment and taxes; Plaintiff was to pay the mortgage payme...

Excerpt: ...stom Home Building, Inc.'s Motion to Strike Portions of Second Amended Complaint TENTATIVE RULING Kamlesh Dhawan, et al.'s Demurrer to Second Amended Complaint is overruled. Kamlesh Dhawan, et al.'s Motion to Strike Portions of Second Amended Complaint is granted without leave to amend. Mike Davis Custom Home Building, Inc.'s Demurrer to Second Amended Complaint is overruled. Mike Davis Custom Home Building, Inc.'s Motion to Strike Portions of Se...

Excerpt: ... on May 19, 2021. Plaintiff alleges the following facts: The action stems from the construction and replacement of a fence on the property line located between 721 30th Street, Hermosa Beach, CA 90254 (“Plaintiff's Property”) and 723 30th Street, Hermosa Beach, CA 90254 (“Defendants' Property”). Plaintiff alleges that Defendants trespassed on his property, created a nuisance, and interfered with Plaintiff's contractual relations on the co...

Excerpt: ...m Interrogatories, Set One 3. Thomas Carmody's Motion to Compel Plaintiff Alejandro Alers, Jr.'s Verified Responses to Special Interrogatories, Set One 4. Thomas Carmody's Motion to Compel Plaintiff Hazel Alers' Verified Responses to Special Interrogatories, Set One 5. Pejman Haghdechi, M.D.'s Motion to Compel Plaintiff Alejandro Alers, Jr.'s Verified Responses to Special Interrogatories, Set One 6. Pejman Haghdechi, M.D.'s Motion to Compel Plain...

Excerpt: ...d Cross-Complaint is denied without prejudice. Background Plaintiff filed his Complaint on May 30, 2018. Plaintiff alleges the following facts: Plaintiff was employed by AAA Packing and Shipping, Inc. Plaintiff was working at a construction site located at 525 North Sepulveda Blvd., El Segundo, CA 90245. Defendant/Cross-Complainant, Rubicon B. Hacienda, LLC (hereinafter, “Rubicon”), the owner of the property contracted with Smart Grid Constru...

Excerpt: ...t on April 28, 2021. Plaintiff alleges the following facts: Defendants hired Plaintiff to assist with establishing a furniture manufacturing factory in Mexico and expanding the business in Latin America. Plaintiff performed his obligations, but Defendants failed to pay Plaintiff for his services. Plaintiff alleges the following causes of action: 1. Breach of Contract; 2. Breach of Implied Covenants; 3. Promissory Fraud; 4. Common Count – Accoun...

Excerpt: ...d Complaint was filed on June 17, 2019. Plaintiffs allege the following facts: Plaintiffs Kurt Baker and Dustin Holcomb entered into a commercial lease with Defendant Redondo Riviera Associates, LLC ("Defendant") for a fitness club in Redondo Beach. Plaintiffs claim that Defendant failed to inform them of the nature and extent of renovations being done to the building and the premises, resulting in an alleged lack of access to a portion of the pr...

Excerpt: ...ased a new 2016 from Defendant HC Automotive. Near the end of the lease, Plaintiff purchased the Jeep through RHC Automotive, Inc. Each dealer allegedly violated numerous consumer protection statutes in the transactions. Plaintiff alleged the following causes of action: 1. Violation of Consumers' Legal Remedies Act, Civ. Code 1750; 2. Violation of Vehicle Leasing Act, Civ. Code 2985.7; 3. Violation of Cal. Veh. Code 11710, et seq.; 4. Violation o...

Excerpt: ...h 20 days leave to amend. Prime Pan-Pacific Company's Motion to Strike Portions of First Amended Complaint is moot. Background Plaintiffs filed their Complaint on August 6, 2019. Plaintiffs' operative First Amended Complaint was filed on January 5, 2021. Plaintiffs allege the following facts: Plaintiffs' decedent was a pedestrian operating a wheelchair. Plaintiffs' decedent was killed when a semi-trailer truck ran him over in the street. Defendan...

Excerpt: ...ejudice. Background Plaintiff filed her Complaint on June 4, 2021. Plaintiff alleges the following facts: Defendant Derrick Grandberry, an employee of Southern California Gas Co., raped Plaintiff while on a service call. Motion for Stay Pursuant to CCP § 128 and through its equitable power, the trial court has broad authority to stay actions in the interests of justice and to promote judicial efficiency. See Freiberg v. City of Mission Viejo (19...

Excerpt: ...es the following facts: Plaintiff is the owner of the premises. Plaintiff and Defendants entered into a written lease agreement. Defendants abandoned the premises with a balance owed for rent, damages, and other charges. Defendants also owe for the balance of the unexpired lease. Plaintiff alleges the following causes of action: 1. Breach of Contract; 2. Common Counts. On April 27, 2021, Defendant Melvin Rivera filed a Cross-Complaint. Cross-Comp...

Excerpt: ...Responses to Form Interrogatories, Set One 3. Seasons Hospice & Palliative Care of California, LLC's Motion to Compel Hazel Alers' Verified Responses to Form Interrogatories, Set One 4. Seasons Hospice & Palliative Care of California, LLC's Motion to Compel Alejandro Alers' Verified Responses to Special Interrogatories, Set One 5. Seasons Hospice & Palliative Care of California, LLC's Motion to Compel Hazel Alers' Verified Responses to Special In...

Excerpt: ...aint on March 12, 2021. Plaintiff's First Amended Complaint (“FAC”) was filed on July 13, 2021. Plaintiff alleges the following facts. Plaintiff is an out-of- network surgery center that provides services to patients insured by Defendant. Defendant authorized surgical services and made representations regarding the rate of coverage. The services were performed in reliance on Defendant's pre-service representations. However, Defendant underpai...

Excerpt: ...d, in part. Background Plaintiffs filed their Complaint on July 6, 2021. Plaintiffs allege the following facts: Plaintiffs purchased the real property located at 4508 W. 142 Street Hawthorne, CA 90250. Defendants failed to disclose the property's deficiencies with safety code violations and citations. Plaintiffs alleges the following causes of action: 1. Breach of Written Contract; 2. Violation of Civ. Code Sections 1102, et seq.; 3. Violation of...

Excerpt: ...rrer to Second Amended Complaint is sustained without leave to amend. KLOS Radio, LLC's Motion to Strike the Third and Fourth Causes of Action is moot. Brala Beverly's Motion for Leave to Amend the Second Amended Complaint is denied. Background Plaintiff's Complaint was filed on January 6, 2020. Plaintiff's operative Second Amended Complaint was filed on July 2, 2021. Plaintiff alleges the following facts: Defendant failed to promote Plaintiff on...

Excerpt: ...r Complaint against Defendant Kevin Chiasson, as trustee of the Michael D. Stone Trust. Plaintiffs allege the following facts: Plaintiffs Jerome and Kyle Orlemann resided at their home at 5237 Wiseburn Street, Hawthorne, California 90250 (“subject real property”) prior to a dispute in ownership which resulted in Plaintiffs' eviction and lockout in October 2019. Defendant allegedly refused Plaintiff access to retrieve their personal property. ...

Excerpt: ...n of Parallel Criminal is granted, in part, and denied without prejudice, in part. Background Plaintiffs filed their Complaint on August 31, 2020. Plaintiffs' First Amended Complaint was filed on November 5, 2020. Plaintiffs allege the following facts: On June 18, 2020, Plaintiffs' decedent, Andres Edgardo Guardado, was shot and killed by Defendant Los Angeles County Sheriff's Department Deputy Miguel Vega at the general location of an alleyway a...

Excerpt: ...nt (“SAC”) is overruled. Background Plaintiff filed his Complaint on February 11, 2020. Plaintiff filed his Second Amended Complaint on July 28, 2021. Plaintiff alleges the following facts: Plaintiff was a longtime friend and client of an attorney named Richard J. Stall, Jr. (“decedent”). In 1993, Plaintiff and decedent entered into an oral agreement in which Plaintiff loaned decedent $348.418.02 at 10 percent interest. No specific time f...

Excerpt: ...ons to Compel Arbitration and Stay Action are granted. Background Plaintiff filed the Complaint on May 14, 2021. Plaintiff alleges the following facts: Plaintiff is a vocational beauty college. Plaintiff leased commercial property located at 2205 Artesia Boulevard, Redondo Beach, California 90278. Defendant UMC is the landlord. Defendants Carter and Morris are agents of UMC. Defendants continuously harassed Plaintiff and Plaintiff's students. Def...

Excerpt: ...ied, in part, and granted, in part. Background Plaintiffs filed their Complaint on October 16, 2020. Plaintiffs allege the following facts: Plaintiffs obtained approval for remodel plans of their property from the City of Rancho Palos Verdes. Defendants David Jankowski and Dianne Jankowski own neighboring property and notified Plaintiffs that they intended to seek an injunction alleging that Plaintiffs' plans violate restrictions in the CC&Rs. De...

Excerpt: ...laintiff alleges the following facts: Plaintiff's Complaint arises out of a dog bite injury and has alleged causes of action against the dog owner Bobbie Lopez as well as La Point Maintenance Association, Inc (the “HOA”), and its property management companies. Plaintiff alleges the following causes of action: 1. Negligence; 2. Premises Liability; 3. Strict Liability. Objections Defendant's objection to Exhibit D to the declaration of Brian J....

Excerpt: ...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 and fifth causes of action is sustained without leave to amend. City of Lawndale's Motion to Strike Portions of Complaint is moot. Background Plaintiff's Complaint was filed on March 18, 2021. Plaintiff alleges the following facts: Defendant has improperly denied Plaintiff a permit to construct his accessory dwell...