Excerpt: ...rt as an Elisor to Execute Documents Pursuant to Interlocutory Judgme n t for Sa le of Re a l P r oper ty i s g ra n te d . Background On January 2, 2015, plaintiff Connie Radley filed a Complaint against Sheila Radley, Margie Stephenson, Linda Radley, Rickey Radley, Anthony Radley, Eric Radley, Brenda Radley, Majory Radley, Cora Radley, Ferrari Radley, and Jennifer Radley for (1) partition of real property and (2) cancellation of written instrum...

Excerpt: ... Injunction is granted pursuant to Code of Civil Procedure § 526. Background Plaintiff's Complaint was filed on May 16, 2023. Plaintiff alleges the following facts. Plaintiff alleges he was fraudulently induced into entering into various agreements and instruments and that the underlying promissory note and deed of trust are invalid and unenforceable. Plaintiff alleges that Defendant Deborah L. Howard represented that she would never collect und...

Excerpt: ...ntal Health Examination TENTATIVE RULING Centinela Valley Union High School District, et al.'s Motion for Order Granting Leave to Take Subsequent Deposition of Twynlette Thompson is denied without prejudice. Centinela Valley Union High School District, et al.'s Motion to Compel Plaintiff's Mental Health Examination is denied. Background Plaintiff filed his Complaint on November 15, 2017. Plaintiff's operative Third Amended Complaint was filed on ...

Excerpt: ...'s Motion to Strike, or, in the Alternative, to Tax Costs is denied. Background Plaintiff filed the Complaint on November 5, 2021. Plaintiff alleges the following facts. Plaintiff is a disabled individual. Plaintiff visited Defendants' facility. On the date of his visit, there were no designated parking spaces available for persons with disabilities. Plaintiff alleges the following cause of action: 1. Violation of the Unruh Civil Rights Act. On O...

Excerpt: ... 4. Robert Horwich's Motion to Compel Responses to Special Interrogatories, Set One 5. Jill Braden's Motion to Compel Responses to Special Interrogatories, Set One 6. Robert Horwich's Motion to Compel Responses to Form Interrogatories, Set One 7. Jill Braden's Motion to Compel Responses to Form Interrogatories, Set One 8. Robert Horwich's Motion for an Order that the Truth of Matters Specified in Requests for Admissions, Set One, be Deemed Admitt...

Excerpt: ... is continued. 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 contacted Plaintiff's customers and misrepresented that Plaintiff was out of business. Defendants stole cu...

Excerpt: ...es 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 Overtime Compensation; 2. Failure to Pay Wages; 3. Failure to Indemnify/Reimburse Expenses to Employee; 4. Failure to Provide Accurate Itemized Wage Statements; 5. Waiting Time Penalties; 6. Discri...

Excerpt: ...dence. Plaintiff requested: (1) Monetary sanctions in the amount of $10,000; (2) Issue sanctions establishing that Ms. Soble deleted her text messages to avoid producing evidence that Mr. Terrell asked her to stop sexually harassing him; (3) Evidentiary sanctions precluding Ms. Soble from introducing evidence to argue that her spoliation was unintentional; (4) A jury instruction pursuant to CACI 204; and (5) A special jury instruction stating tha...

Excerpt: ..., Inc.'s Motion to Compel Responses to Request for Production of Documents, Set One 4. Behavioral Health Services, Inc.'s Motion to Compel Deposition TENTATIVE RULING Behavioral Health Services, Inc.'s Motions to Compel Responses to Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One, and Motion to Compel Deposition are granted. Background Plaintiff filed the Complaint on October 25, 2...

Excerpt: ...ical Response, Inc.'s Motion to Strike Portions of First Amended Complaint TENTATIVE RULING American Medical Response, Inc.'s Demurrer to First Amended Complaint is overruled, in part, and sustained with 20 days leave to amend, in part. American Medical Response, Inc.'s Motion to Strike Portions of First Amended Complaint is denied. Background Plaintiff's Complaint was filed on August 18, 2022, and the First Amended Complaint was filed on Novembe...

Excerpt: ...ummary Adjudication 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 in the rollers of an Akiyama International, Hi-Ace Printing Press. Plaintiff Ty Nguyen's arm was amputated due to the alle...

Excerpt: ...ULING Allied Protection Services, Inc.'s Motion to Set Aside Default Judgment is denied without prejudice. Background Plaintiff filed the Complaint on March 20, 2022. Plaintiff alleges the following facts. Defendant failed to pay for workers compensation premiums to Plaintiff's assignor. Plaintiff alleges the following causes of action: (1) Breach of Contract; (2) Open Book Account; (3) Account Stated; (4) Reasonable Value. Defendant's default wa...

Excerpt: ... 2023. 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 cause of action: 1. Professional Negligence. Meet and Confer Plaintiff set forth a meet and confer declaration in sufficient compliance with CCP §§ 430.41. (Decl., Nicholas L. Ramirez, ¶...

Excerpt: ...Complaint on February 17, 2022. Plaintiff's Second Amended Complaint was filed on January 4, 2023. 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 paid the pr...

Excerpt: ...ve to amend. Pacific Coast Co., Ltd.'s Motion to Strike Portions of 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, Plaintiff Brincfi's CEO. Defendant was interested in becoming Brincfi's head of engineering. Defendant falsely represented to Shim that he was leg...

Excerpt: ...oner alleges the following facts. On August 27, 2021, Petitioner was involved in a motor vehicle accident Petitioner submitted a policy limits settlement demand to his carrier, Progressive Insurance, to settle all claims under the and uninsured motorist provision of the policy. Progressive Insurance has not agreed to tender the limits for either claim. Petition to Compel Arbitration "California law reflects a strong pu blic p olicy in favor of ar...

Excerpt: .... Ramey Law, P.C., et al.'s Motion to Strike Portions of Fourth Amended Complaint is denied. Background Plaintiffs' Complaint was filed on March 24, 2021. Plaintiffs' Fourth Amended Complaint ("4AC") was filed on February 2, 2023. July 7, 2021. Plaintiffs allege the following facts. Plaintiffs referred a legal action to Defendants. Defendants agreed to pay Plaintiffs 40 percent of all attorneys' fees. Defendants settled the case for S380,OOO.OO a...

Excerpt: ...8423 and 20STCV15375) Ava Mina Properties, LLC's Joinder in Motion for a Stay Tesla, Inc.'s Joinder in Motion for a Stay (all cases) Tesla, Inc.'s Motion to Consolidate Actions TENTATIVE RULING Kevin George Aziz Riad's Motion for a Stay of Proceedings Pending Outcome of Criminal Case, Ava Mina Properties, LLC and Tesla, Inc.'s Joinder in Motion for a Stay, and Telsa, Inc.'s Motion to Consolidate Actions are granted. Background Nieves et al. v. Ri...

Excerpt: ...ff alleges the following facts. Plaintiff was employed Defendant 5th Kind as Chief Administrative Officer. Plaintiff was terminated but was not paid pursuant to the severance agreement Application for Writ ofAttachment and Right to Attach Order Plaintiff filed its application for writ of attachment seeking the issuance of a right to attach order and an order for issuance of a writ of attachment as to certain unidentified property of Defendant 5th...

Excerpt: ... following facts. Plaintiff is a former employee of Defendant. Plaintiff alleges that she was subjected to sexual harassment, as well as discriminatory and retaliatory conduct based on gender. Plaintiff alleges that she was also sexually assaulted and battered by a supervisor. Plaintiff alleges the following causes of action: 1. Sexual Harassment in Violation of FEHA — Hostile Work Environment (Cal. Govt. Code S 129400)); 2. Discrimination Base...

Excerpt: ...f Torrance's Motion to Strike Portions of First Amended Complaint is moot. Background Plaintiffs Complaint was filed on January 28, 2022. Plaintiffs Second Amended Complaint was filed on February 27, 2023. Plaintiff alleges the following facts. Plaintiff is a firefighter paramedic for Defendant City of Torrance. In 2011, Plaintiff was diagnosed with a "physical disability, mental disability, or protected condition." (SAC, 8.) In 2016, Plaintiff w...

Excerpt: ...nterrogatories, Set One City of Torrance's Motion to Compel Responses to Request for Production of Documents, Set One Torrance Police Department's Motion to Compel Responses to Special Interrogatories, Set One Torrance Police Department's Motion to Compel Responses to Request for Production of Documents, Set One City of Torrance's Motion to Deem Requests for Admissions Admitted TENTATIVE RULING City ofTorrance's and Torrance Police Departments' M...

Excerpt: ...s Motion for an Order (1) To Deposit Bond Funds Court; (2) For Exoneration and Dismissal of Philadelphia Indemnity Insurance Company; and (3) For an Award of Attorneys' Fees and Costs TENTATIVE RULING American Contractors Indemnity Companvs Motion for Order of Discharge and Award of Costs and Attorneys' Fees and Order for Deposit; and for Dismissal of American Contractors Indemnity Company from Cross-Complaint is granted. Philadelphia Indemnity I...

Excerpt: ...hon 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 and (2) Loss of Consortium (brought by Plaintiff Balakrishna Re...

Excerpt: ...nd Amended Complaint is sustained with 20 days leave to amend. Beach Front Property Management, Inc.'s Motion to Strike Portions of Second Amended Complaint is moot, in part, and granted with 20 days 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 the following facts. Plaintiffs suffered bed bug bits in their apartment. The apart...

Excerpt: ... conservator of conservatee Estate of Susan Gillett ("conservatee"). Defendant committed financial abuse against conservatee Susan Gillett. Defendant put conservatee into a high-interest, short term, multi-million-dollar loan secured against a first deed of trust against conservatee's properties. Defendant knew that conservatee could not afford the loan. Consesrvatee's son, John Michael Rogers ("Rogers"), orchestrated the scheme so he could start...

Excerpt: ...s 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 discl...

Excerpt: ...ions TENTATIVE RULING Carrington Home Solutions, LP's Motion to Compel Further Responses to Requests for Production of Documents and for Sanctions is moot Carrington Home Solutions, LP's Motion to Compel Document Production, Further Deposition Session, and for Sanctions is granted, in part. Background Plaintiffs filed their Complaint on January 8, 2021. Plaintiffs allege the following facts. The action concerns negligence and construction defects...

Excerpt: ...nded Complaint is sustained with 20 days leave to amend. Coastline Recovery Services, Inc.'s Motion to Strike Portions of Second Amended Complaint is moot. Background Plaintiff filed his Complaint on July 17, 2018 and the Second Amended Complaint on March 14, 2023. Plaintiff alleges the following facts. In 2016, Plaintiff agreed to lease from Xchange Leasing, LLC ("Xchange") a 2016 Volkswagen Jetta. Under the terms of the lease, Plaintiff made th...

Excerpt: ...ller for a pap smear. During the examination, Dr. Haller sexually battered Plaintiff and made sexually inappropriate remarks and noises. Dr. Haller was a medical staff member at Anphon Medical Center and was assigned by Anphon Medical Center to perform Plaintiffs pap smear procedure. Plaintiff alleges the following causes of action: 1. Sexual Battery 2. Intentional Infliction of Emotional Distress 3. Sexual Harassment 4. Gender Violence 5. Neglig...

Excerpt: ...ve to amend, in part. The demurrer to the first, second, fourth through seventh, and ninth causes of action is sustained with 20 days leave to amend. The demurrer to the third, eighth, and tenth causes of action is sustained without leave to amend. Carolyn Hemker, et al.'s Motion to Strike Portions of Complaint is moot. Background Plaintiffs filed the Complaint on November 17, 2022. Plaintiffs allege the following facts. Plaintiffs were tenants a...

Excerpt: ... Motion for an Order Compelling Daniel Choi's Further Responses to Requests for Production of Documents, Set One, and Special Interrogatories, Set One is denied, in part, and granted, in part. 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 Choi approached Luke Shim, Plaintiff Brincfi's CEO. Defendant was interested in ...

Excerpt: ...021. 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 Umefs left arm was caught on the metal framing of the PVE vacuum elevator causing him to suffer injuries to his left arm and hand. Motion for Leave to Amend The court may, in furtherance of justice,...

Excerpt: ...or Tax Costs. Mike Horusicky, Jr.'s Motion to be Deemed Prevailing Party and Howard Brand, etal.'s Motion to Strike and/or Tax Costs are taken off calendar. Background Plaintiffs filed their initial Complaint on January 11, 2017. The First Amended Complaint was filed on March 3, 2017. A Cross-Complaintwas filed on May 4, 2017. Plaintiffs filed this lawsuit against Defendants Mike Horusicky Construction, Inc. ("HCI") and Mike Horusicky personally,...

Excerpt: ... and served per Code based upon the new hearing date. Defendants Don Chava Foods, Inc„ Daniel Reynoso, Christian Reynoso, and Humberto Reynoso's Requests for Judicial Notice in support of their Demurrer is GRANTED as to the existence of the documents but not as to hearsay or facts in dispute. Plaintiff Christine Rocha's Request for Judicial Notice is GRANTED as to the existence of the document but not as to hearsay or facts in dispute. Introduc...

Excerpt: ...eadings is denied. Background Plaintiffs filed the Complaint on October 26:2022. Plaintiffs allege the following facts. In 2011, Defendant Rodgers and Plaintiffs agreed to purchase real property at 2601 Pacific Coast Highway, Hermosa Beach, Califomia_ The property is developed with an office building wherein Rodgers operates his law and tax businesses. In October 2013, Articles of Organization were filed with the Califomia Secretary of State for ...

Excerpt: ... Beth D. Corriea's Motions to Compel Further Responses to Form Interrogatories, Set One, are denied. Background Plaintifffiled the Complaint on June 1, 2021. Plaintiff filed the First Amended Complaint on July 23, 2021. Plaintiff alleges the following facts. Plaintiff suffers from a disability related to long term COVID, and she requires the installation of central air conditioning. Defendants have improperly denied her request to install central...

Excerpt: ...g facts. Plaintiffs were tenants at 4118 Redondo Beach Boulevard, Apt. A, Torrance, California 90504. The property is owned by Defendants. Defendants failed to remedy certain habitability conditions within the rental property which led to Plaintiffs suffering personal injuries. Plaintiffs allege damages for 1. Breach of Implied Warranty of Habitability; 3. Breach of Covenant of Quiet Enjoyment; 3. Negligence. Meet and Confer Defendants filed a me...

Excerpt: ...Roosin, M.D., Pamela Roosin, Robert Horwich, and Jill Horwich's Demurrer to First Amended Complaint is sustained with 20 days leave to amend. Cynthia L. Williams, M.D.'s Demurrer to First Amended Complaint is sustained with 20 days leave to amend. Holly M. Emge's Demurrer to First Amended Complaint is sustained 20 days leave to amend. Background Plaintiff filed the Complaint on August 28, 2020, and the First Amended Complaint ("FAC") on January 9...

Excerpt: ...obert R. Maxwell, et al.'s Motion to Dismiss Plaintiffs Complaint is denied. Robert R. Maxwell, et al.'s Demurrer to First Amended Complaint is sustained with 20 days leave to amend and leave to amend, in part. Robert R. Maxwell, et al.'s Motion to Strike Portions of First Amended Complaint is moot Background Plaintiff filed the Complaint on April 29, 2021, and the First Amended Complaint ("FAC") on February 7, 2023. Plaintiff alleges the followi...

Excerpt: ...Motion to Compel Nissan North America, Inc.'s Responses to Special Interrogatories, Set One Stephanie Medina's Motion to Compel Nissan North America, Inc.'s Responses to Request for Production of Documents, Set One Stephanie Medina's Motion to Deem the Truth of Matters in Requests for Admissions, Set One, Admitted TENTATIVE RULING Nissan North America, Inc.'s Motion to Compel Arbitration and to Stay Action is denied. Gardena Nissan, Inc.'s Motion...

Excerpt: ...September 13, 2022. 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 and mold. Defendants failed to remedy the situation. Plaintiffs allege the following causes of action: 1. Statutory Breach of the Warranty of Habitability (Civ. Code 1941, 1941.1)...

Excerpt: ...s 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 Umefs left arm was caught on the metal framing of the PVE vacuum elevator causing him to suffer injuries to his left arm and hand. Motion to Reopen Discovery Code Civ. Proc., S 2024.050 states, in relevantpart: "...

Excerpt: ...South Coast Industrial, Inc.'s Motion to Set Aside Default Judgment is denied without prejudice. South Coast Industrial, Inc.'s Motion to Quash Service of Summons is denied. South Coast Industrial, Inc.'s Motion for Sanctions is 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 developmen...

Excerpt: ... part, and overruled, in part Star View Behavioral Health, Inc. and South Bay High School, Inc.'s Demurrer to Second Amended Complaint is sustained without leave to amend. Star View Children and Family Services, Inc.'s Demurrer to Second Amended Complaint is overruled. Background Plaintiffs filed the Complaint on May 10, 2019. Plaintiffs' First Amended Complaint was filed on November 22, 2022. Plaintiffs allege the following facts. On or about Ju...

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

Excerpt: ...days leave to amend, in part Paulette Meader's Motion to Consolidate is denied without prejudice. Background Plaintiff filed the Complaint on June 21, 2022. 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 Plaintiffs former real property located at 2705 145th St., Gardena, CA 90249. Plaintiff alleges multiple violations of the Homeo...

Excerpt: ... overruled, in part, and sustained without leave to amend, in part. Journey Group Limited's Demurrer to First Amended Complaint is overruled, in part, and sustained with 20 days leave to amend, in part. Background Plaintiff filed the Complaint on November 2, 2021, and the First Amended Complaint was filed on October 12, 2022. Plaintiff alleges the following facts. Plaintiff made and delivered meals to Defendant Air Fayre CA Inc. to be provided to...

Excerpt: ...tion for Summary Judgment is denied. Background Plaintiff filed its Complaint on October 4, 2019. Plaintiff alleged the following facts: Defendants have maintained a washer/dryer in their unit in violation of the governing documents. Plaintiff alleged the following causes of action: 1. Breach of Equitable Servitudes; 2. Abate a Nuisance; 3. Trespass; 4. Declaratory Relief; 5. Unjust Enrichment. On December 3, 2019, Defendant Kelly Charles filed a...

Excerpt: ...LING 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 Jaimee Choe breached the motor lease agreement which Defendants entered with Plaintiff's assignor. Defendant Skyline Nationwide Leasing, Inc. is wrongfully retaining possession of the vehicle....