Excerpt: ...o April 18, 2022. 2. WeWork Companies, LLC's Demurrer to Fourth Amended Complaint is sustained without leave to amend. 2221 Park Place Partners LLC's Motion for Summary Judgment 2221 Park Place Partner's LLC's motion for summary judgment is continued to April 18, 2022. Code Civ. Proc., § 437c(h) states: “If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essen...

Excerpt: ...o April 18, 2022. 2. WeWork Companies, LLC's Demurrer to Fourth Amended Complaint is sustained without leave to amend. 2221 Park Place Partners LLC's Motion for Summary Judgment 2221 Park Place Partner's LLC's motion for summary judgment is continued to April 18, 2022. Code Civ. Proc., § 437c(h) states: “If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essen...

Excerpt: ...nt's Person Most Qualified and Request for Production of Documents is denied. Background Plaintiff's Complaint was filed on 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 ...

Excerpt: ...nded Complaint is sustained with 20 days leave to amend. Pacifica Hotels, LLC, et al.'s Motion to Strike Portions of First Amended Complaint is moot, in part, granted with 20 days leave to amend, in part, and denied, in part. Background Plaintiff's Complaint was filed on October 23, 2020. Plaintiff's First Amended Complaint was filed on July 8, 2021. Plaintiff alleges the following facts: Plaintiff suffered bed bug bites after staying at Defendan...

Excerpt: ...filed the Complaint on June 8, 2020. Plaintiffs allege the following facts: Plaintiffs were residential tenants at real property located at 13707 Doty Avenue #65, Hawthorne, CA 90250. Defendant was the landlord. The property suffered from numerous habitability problems that were not resolved by Defendant including plumbing issues, the presence of roaches and bed bugs, deteriorated walls and carpet, and the presence of mold. Plaintiffs allege the ...

Excerpt: ... Complaint on July 6, 2020. Plaintiffs allege the following facts: Plaintiffs were in a previous marital relationship and the previous owners of a home located in the City of Rancho Palos Verdes. Defendant Kenton Lane, a marriage and family therapist, became a tenant at Plaintiffs' home and began to provide them with counseling services. Plaintiffs contend Defendant Lane breached his fiduciary duties and was negligent in the counseling services p...

Excerpt: ...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 for repayment is specified other than payment upon demand...

Excerpt: ... its First Amended Complaint on October 3, 2019. Plaintiff alleges the following facts: Defendant OT Trucklines, Inc. (“OT”) executed ten motor vehicle security agreements whereby Plaintiff agreed to loan money to Defendant to purchase the collateral identified in the agreements. Defendant Tom Pongil Kim (“Kim”) executed personal guarantees on the agreements. Defendants breached the agreements. Plaintiff set forth 31 separate causes of ac...

Excerpt: ...from Hazel Alers to Form Interrogatories, Set One 2. HealthCare Partners Affiliates Medical Group, Mary Jean Lockard, N.P., N. Isabel Kiefer, M.D., Hagop Sarkissian, M.D., and Kelly Winer, S.W.'s (collectively “HCP”) Motion to Compel Further Responses from Hazel Alers to Special Interrogatories, Set One 3. HealthCare Partners Affiliates Medical Group, Mary Jean Lockard, N.P., N. Isabel Kiefer, M.D., Hagop Sarkissian, M.D., and Kelly Winer, S....

Excerpt: ...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 Second Amended Complaint was filed on June 28, 2021. Plaintiff alleges the following facts: Minor Plaintiff, L.O., who has a disability, alleges that an instructional aide (“(Debra) Jane Doe”) employed at Jonas Salk Elementary School (“Salk”), a school within the Hawthorne Unified School...

Excerpt: ...ional Association, as Indenture Trustee's Motion to Compel Further Responses to Request for Production of Documents and Request for Sanctions 3. Towd Point Mortgage Trust 2018-4, U.S. Bank National Association, as Indenture Trustee's Motion to Compel Further Responses to Request for Admissions and Request for Sanctions TENTATIVE RULING Towd Point Mortgage Trust 2018-4, U.S. Bank National Association, as Indenture Trustee's Motion to Compel Furthe...

Excerpt: ...ith 20 days leave to amend, in part, and overruled, in part. Janice Wise's Motion to Strike is granted without leave to amend, in part, granted with 20 days leave to amend, in part, and moot, in part. Background Plaintiff filed her Complaint on February 19, 2020. Plaintiff alleges the following facts: This action concerns a dispute among family members concerning rental real property which is held in a family trust. Plaintiff brings this action a...

Excerpt: ...mmary Adjudication is denied, in part, and granted, in part. Defendants' motion for summary judgment is denied. Defendants' motion for summary adjudication is granted, in part, and denied, in part. Background Plaintiff filed his Complaint on June 19, 2019. Plaintiff's operative Second Amended Complaint was filed on July 27, 2020. Plaintiff alleges the following facts: In March 2019, Plaintiff was searching for an apartment in the South Bay. Plain...

Excerpt: ...'s Demurrer to First Amended Complaint is sustained with 20 days leave to amend, in part, sustained without leave to amend, in part, and overruled, in part. Broadway Manor, et al.'s Motion to Strike First Amended Complaint is granted with 20 days leave to amend, in part, and is moot, in part. Beth D. Corriea's Motion for Preliminary Injunction is denied. Background Plaintiff filed the Complaint on June 1, 2021. Plaintiff filed the First Amended C...

Excerpt: ...nd Settlement Agreements is granted, in part. Background Plaintiff filed his Complaint on November 15, 2019. Plaintiff alleges the following facts: Plaintiff and Defendants entered into an agreement whereby Plaintiff agreed to refer legal matters to Defendants in exchange for a referral fee. Plaintiff performed, but Defendant refused to pay the referral fees. Plaintiff alleged the following causes of action: 1. Breach of Oral Contract; 2. Fraud; ...

Excerpt: ...e Portions of Third Amended Complaint is granted without leave to amend. Akiyama Machinery Co., Ltd.'s Motion to Quash Service of Summons and Complaint is continued. 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 as a result of his arm ...

Excerpt: ...plaint TENTATIVE RULING American Contractors Indemnity Company's Demurrer to First Amended Complaint is sustained without leave to amend. American Contractors Indemnity Company's Motion to Strike Portions of First Amended Complaint is moot, in part, and denied in part. LuAnn Fabien dba LuAnn Development's Demurrer to First Amended Complaint is overruled. Background Plaintiff filed his Complaint on January 19, 2021. The operative First Amended Com...

Excerpt: ...nted. 1300 Highland Shops and Work Lofts Association's Petition to Vacate Arbitration Award is denied. Background Plaintiff 300 Highland Shops and Work Lofts Association (“Highland”) 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 ...

Excerpt: ...orporation and Xchange Leasing, LLC's Motion to Seal Settlement Under Seal is denied without prejudice. Fair Financial Corporation and Xchange Leasing, LLC's Motion for Determination of Good Faith Settlement is denied without prejudice. Background Plaintiff filed his Complaint on July 17, 2018. Plaintiff alleges the following facts: In 2016, Plaintiff agreed to lease from Xchange Leasing, LLC (“Xchange”) a 2016 Volkswagen Jetta. Under the ter...

Excerpt: ...ntiff alleges the following facts: Defendants failed to timely diagnose and treat Plaintiff's detached retina which caused Plaintiff permanent disability. Plaintiff alleges a sole cause of action for Professional Negligence. Motion for Terminating Sanctions If a party fails to comply with a court order compelling discovery responses or attendance at a deposition, the court may impose monetary, issue, evidence, or terminating sanctions. CCP § 202...

Excerpt: ... by AAA Packing and Shipping, Inc. (“AAA”), and worked 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 serve as the general contractor. Smart Grid contracted with Rubicon after the termination of the construction contract with Klewin Cons...

Excerpt: ... 13, 2017. Plaintiff alleges the following facts: Plaintiff and Defendants are both neighboring owners of suites in a medical building. For Plaintiff's suites to have adequate irrigation, it was found to be necessary to pass through a ceiling of Defendant's suites. However, Defendants failed to allow access. The CC&Rs establish Plaintiff's right to force improvements and to recover damages for interference with Plaintiff's property rights. Plaint...

Excerpt: ...d on April 22, 2021. Plaintiffs 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 at 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 pr...

Excerpt: ...llegedly suffered by Plaintiff Christopher Trejo from a toxic disease process called Stevens-Johnson Syndrome/Toxic Epidermal Necrolysis ("SJS/TEN") that started in October 2005 after he ingested an over-the-counter ibuprofen product, Motrin. Plaintiff alleged claims for strict products liability, negligence, and breach of warranty against Defendants McNeil Consumer Healthcare Division of McNeil- PPC, Inc. which is now Johnson &Johnson Consumer, ...

Excerpt: ...urred on December 23, 2015, on West El Segundo Boulevard, near Raymond Avenue, in Inglewood, California. Decedent Ruth Contreras Navas was driving a 2015 Nissan Sentra. Decedent Graciete Jocelyn Martinez was a passenger in the Nissan Sentra. Navas first collided with a freightliner owned by Trucking Master LAX, LLC operated by Rolando C. Verdugo. The freightliner had been parked by Verdugo and was unoccupied in the median of West El Segundo Boule...

Excerpt: ...n Oil & Refining Company's Motion for Summary Judgment and Petro Source Refining Corporation and BC Stocking Distribution's Joinders to Kern Oil & Refining Company's Motion for Summary Judgment are denied. Background Plaintiffs filed their Complaint on May 31, 2018. Plaintiffs' First Amended Complaint (“FAC”) was filed on October 15, 2018. Plaintiffs allege the following facts: From 1982 to 2000, Plaintiff Dan O' Leary worked for The Boeing C...

Excerpt: ...is granted. Background Plaintiff filed the Complaint on April 13, 2021. Plaintiff alleges the following facts: Defendants failed to provide legal services to Plaintiff in a competent manner in prior case, BC460381. Plaintiff successfully obtained a judgment in the prior action. However, due to Defendants' failure to perform legal services in a competent manner, the Defendant in that action was able to successfully release the levy. Plaintiff alle...

Excerpt: ...s denied. Background Plaintiff's Complaint was filed on October 9, 2020. Plaintiff alleges the following facts: Plaintiff extended credit to Defendant for purchases and/or cash advances by Defendant and/or persons acting with Defendant's permission on the American Express credit card. Defendant has failed to pay the amount of indebtedness. Plaintiff alleges the following causes of action: 1. Common Count – Open Book Account; Account Stated; Mon...

Excerpt: ...e following facts: Defendants failed to timely diagnose and treat Plaintiff's detached retina which caused Plaintiff permanent disability. Plaintiff alleges a sole cause of action for Professional Negligence. Motion for Terminating Sanctions If a party fails to comply with a court order compelling discovery responses or attendance at a deposition, the court may impose monetary, issue, evidence, or terminating sanctions. CCP § 2025.450(h) (deposi...

Excerpt: ...d Plaintiff filed her Complaint on January 4, 2019. Plaintiff's operative Second Amended Complaint was filed on May 6, 2021. Plaintiff alleges the following facts: Plaintiff alleges that she was wrongfully terminated due to her disability and due to her lawful exercise of the Family and Medical Leave Act. Plaintiff alleged the following causes of action: 1. Wrongful Termination in Violation of Public Policy; 2. Retaliation (Labor Code 98.6); 3. V...

Excerpt: ...intiff filed her Complaint on April 8, 2019. Plaintiff filed her operative First Amended Complaint on January 28, 2020. Plaintiff alleges the following facts: In April 2018, Caitlin Lipyanka (“decedent”) was a live-in resident at the Silicon Beach Treatment Center. Decedent was allowed to leave the facility during the day and return to the facility at night. On April 7, 2018, decedent returned to the facility intoxicated after she had relapse...

Excerpt: ...Estate of Mary L. Cole, et al.'s Moton for Protective Order to Have the Depositions of Plaintiffs' Experts Taken via Zoom or Other Remote Device as Approved by the Court TENTATIVE RULING Armen Hovhannisyan, M.D. Group, Inc. and Armen Hovhannisyan, M.D.'s Motion to Compel Deposition of Plaintiffs' Experts Jace W. Hyder, M.D. and Amaka Odhu, PHARM.D. to Take Place in Person in Southern California is denied. Estate of Mary L. Cole, et al.'s Moton fo...

Excerpt: ... Complaint was filed on September 3, 2020. Plaintiff alleges the following facts: The action relates to real property commonly known as 1523-1525 W 206th Street Torrance, CA 90501. Plaintiff seeks partition of the real property and an accounting. Meet and Confer Defendants filed a meet and confer declaration in sufficient compliance with CCP §§ 430.41. (Decl., Larry D. Mikelson, ¶ 3.) Demurrer A demurrer tests the sufficiency of a complaint as...

Excerpt: ...Tenant LLC's Motion for Summary Judgment is continued to January 18, 2021. Code Civ. Proc., § 437c(h) states: “If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had,...

Excerpt: ...he 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 construction of Plaintiff's house. Plaintiff alleges the following causes of actio...

Excerpt: ...easons Hospice and Palliative Care of California, LLC, Arman Ahangarzadeh, LVN, Gary Zimny, R.N., Thomas (Tom) Carmody, Philip Rohrbacher, R.N., and Pejman Naghdechi, M.D.'s (collectively “Seasons”) Demurrer to First Amended Complaint 3. Seasons Hospice and Palliative Care of California, LLC, Arman Ahangarzadeh, LVN, Gary Zimny, R.N., Thomas (Tom) Carmody, Philip Rohrbacher, R.N., and Pejman Naghdechi, M.D.'s Motion to Strike Portions of Firs...

Excerpt: ...leges 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-C...

Excerpt: ...ing facts: Plaintiff entered into a written agreement with Defendant to provide the use of chassis and intermodal transportation services. Defendant has failed to remit payment to Plaintiff and are still in possession of the chassis. Plaintiff set forth causes of action for: 1. Breach of Contract; 2. Common Count – Account Stated; 3. Common Count – Reasonable Value; 4. Conversion, and 5. Possession of Personal Property. Motion for Summary Jud...

Excerpt: .... Background Plaintiffs Coffman Specialties, Inc. and Griffith/Coffman Joint Venture (collectively, "Plaintiffs") filed their Complaint on April 26, 2018. Plaintiffs allege the following facts: Plaintiffs contracted with Los Angeles World Airports ("LAWA'') to repave certain parts of Runway 6L-24R at Los Angeles International Airport ("LAX"). Defendant Harber Companies, Inc. (“Harber”) subcontracted with Plaintiffs to groove Runway 6L-24R pur...

Excerpt: ... Complaint TENTATIVE RULING Brius Management Co.'s Demurrer to Complaint and Motion to Strike Portions of Complaint are moot. Brius Management Co.'s demurrer and motion to strike are directed to the initial Complaint, which is no longer the operative pleading in this action having been superseded by the filing of the First Amended Complaint. Daniel Marciano, M.D.'s Demurrer to First Amended Complaint is sustained, in part, and overruled, in part....

Excerpt: ...Plaintiffs filed their Complaint on March 12, 2016. Plaintiffs' First Amended Complaint was filed on October 12, 2017. Plaintiffs allege the following facts: Plaintiffs and Defendant entered into a commission agreement in which Real Estate Store acted as an agent for the sale of commercial real property on March 17, 2016. The agreement provided that if a ready and willing seller was provided, but Defendant withdrew the property from sale, Plainti...

Excerpt: ...on or behalf of Plaintiff, Benjamin Rogachefsky TENTATIVE RULING Sunstone Hotel Properties, Inc.'s Motion for an Order to Seal (1) The Motions or Petitions for Minor's Compromise by or on Behalf of Plaintiff, Michael Rogachefsky, and (2) The Motions or Petitions for Adult Compromise on or behalf of Plaintiff, Benjamin Rogachefsky is granted. Background Plaintiffs filed their Complaint Filed on April 1, 2015. Plaintiffs' operative Second Amended C...

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

Excerpt: ...s sustained with 20 days leave to amend. Nobuko Shiokari, et al.'s Motion to Strike Portions of First Amended Complaint is granted with 20 days leave to amend. Background Plaintiffs filed their Complaint on November 12, 2020. Plaintiffs' operative First Amended Complaint was filed on August 17, 2021. Plaintiffs allege the following facts: Plaintiff David Shiokari, Jr. is the grandson of Defendant Nobaru Shiokari. Plaintiff Victoria Shiokari is Da...

Excerpt: ... as buyer, and Defendant, as seller, entered into a contract for the purchase and sale of real property located at 1125 8th Street, Hermosa Beach, CA 90254. Defendant breached the agreement by refusing to close escrow. Plaintiff alleges the following causes of action: 1. Breach of Contract; 2. Specific Performance; 3. Purchaser's Lien; 4. Constructive Trust; 5. Injunctive Relief; 6. Declaratory Relief Meet and Confer Defendant set forth a meet an...

Excerpt: ...alleged causes of action for: 1. Legal Malpractice; 2. Intentional and Negligent Misrepresentation; 3. Unfair Business Practices; 4. Abuse of Process; 5. Fraud; 6. Civil Conspiracy. The causes of action stemmed from Defendant Paul J. Derania's legal representation of Defendant Scott S. Furstman in prior litigation involving Plaintiff. On July 13, 2020, these Defendants' respective anti-SLAPP motions to strike and motions for sanctions were grante...

Excerpt: ...ff alleges that Defendant breached the commercial real property lease agreement. Motion for Terminating Sanctions If a party fails to comply with a court order compelling discovery responses or attendance at a deposition, the court may impose monetary, issue, evidence, or terminating sanctions. CCP § 2025.450(h) (depositions); § 2030.290(c) (interrogatories); § 2031.300(c) (demands for production of documents). CCP § 2023.030 provides that, �...

Excerpt: ...the following facts: Plaintiff is a charter company which arranges for individuals to book private aircrafts. Defendant owns and operates aircrafts. Plaintiff entered into an agreement with Defendant whereby Defendant agreed to fly Plaintiff's clients by private jet on a roundtrip flight from Los Angeles to Miami. Defendant's crew failed to inform the passengers of the rules and regulations. Approximately three hours into the flight, Defendant's ...

Excerpt: ...istory. On January 20, 2015, Peak Foreclosure Service (“Peak”) conducted a non-judicial foreclosure sale of the commercial property located at 310 Culver Boulevard in Playa Del Rey (“Playa Del Rey Property”). 310 Culver, LLC (“310 Culver”) was the successful bidder at the sale. Shortly after the foreclosure sale, 310 Culver learned that the Property was the subject of a Cleanup and Abatement Order (“Order”) issued by the Californi...

Excerpt: ...ent is denied. Background Plaintiff filed her Complaint on May 21, 2020. Plaintiff 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. Mo...

Excerpt: ... denied. Background Plaintiff filed his Complaint on March 22, 2021. Plaintiff alleges the following facts: 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. Instead, Defendant obtained title to Plaintiff's real property through fraud and forgery o...

Excerpt: ... their Complaint. This is a negligence and premises liability action involving the design and construction of a residential community in Torrance. Plaintiffs Alan Naito and Rose Naito allege, in relevant part, that Alan Naito tripped over a single step at the bottom landing of a stairwell in a townhome located within the subject residential community. Plaintiffs filed a complaint against, among others, Centex Homes Realty Group ("Centex") and Pro...

Excerpt: ...respect to property located at 1316 Granvia Altamira, Palos Verdes Estates, CA 90274-2006. Demurrer Delta Imports v. Municipal Court (1983) 146 Cal.App.3d 1033, 1036 holds that a motion to quash service of summons is the proper procedure to test whether a complaint states a cause of action for unlawful detainer. However, other recent cases have held that a demurrer is the appropriate method to challenge whether a complaint states a valid cause of...

Excerpt: ...o Submit to a Second Neurological Examination, and to Continue Trial is granted. Background Plaintiff filed her Complaint on February 17, 2017. Plaintiff alleges the following facts: On August 29, 2016, Plaintiff slipped and fell down a staircase at her place of employment (First Steps) located at 2447 Pacific Coast Highway in Hermosa Beach. Plaintiff suffered multiple orthopedic injuries as well as a traumatic brain injury. Plaintiff alleges a s...

Excerpt: ...s Systems, Inc.'s (“Calop”) Motion for Summary Judgment is granted. Background Plaintiff filed his Complaint Filed on November 26, 2019. Plaintiff filed his First Amended Complaint on August 24, 2020. Plaintiff alleges the following facts: Plaintiff was employed by Defendant Calop from May 15, 2001 to December 31, 2018 as Vice President. Yong K. Chong (“Chong”) is the owner and CEO of Calop. Plaintiff's duties included sales, customer rel...

Excerpt: ...on's Motion for Preliminary Injunction is moot. Background Plaintiff filed the Complaint on March 12, 2021. Plaintiff alleges the following facts: Plaintiff entered into a joint venture with Defendant to develop and manufacture fuel cell technology to China. Defendant failed to perform under the agreement. Thereafter, litigation ensued in California over the joint bank accounts, as well as in Connecticut regarding the breach of the agreements. De...

Excerpt: ... the following facts: Plaintiff and Defendant were involved in business transactions with M-14P, Inc., a business supplying and servicing aircraft engines. The parties became embroiled in a dispute concerning two aircraft engines. The parties spoke numerous times on the phone and Defendant illegally and surreptitiously recorded these conversations without Plaintiff's consent. Plaintiff alleges the following causes of action: 1. Violation of Cal. ...

Excerpt: ...ance Company, et al.'s Demurrer to Third Amended Complaint is sustained without leave to amend. Farmers Specialty Insurance Company, et al.'s Motion to Strike Portions of Third Amended Complaint is moot, in part, and granted without leave to amend, in part. Background Plaintiffs filed their Complaint on October 17, 2016. Plaintiffs' operative Third Amended Complaint was filed on August 20, 2021. Plaintiffs allege the following facts: This action ...

Excerpt: ...eges the following facts: Defendants Robert Werle and Contance Werle enlisted Plaintiff, a lender, to secure $600,000 in funds to remodel Defendants' home. After the remodel was completed, Defendants failed to pay-off their debt when the loan became due. Defendants filed their Cross-Complaint on July 20, 2020. Defendants' First Amended Cross-Complaint was filed on January 25, 2021. Cross-Complainants allege the following facts: The renovations we...

Excerpt: ...ng facts: Plaintiff is a former employee of Defendant. Plaintiff alleges that she was wrongfully terminated. Plaintiff set forth the following causes of action: (1) Breach of Contract; (2) Wrongful Termination in Violation of Public Policy; and (3) Negligence. Meet and Confer Defendant filed a meet and confer declaration in compliance with CCP § 430.41. (Decl., John D. Sager, ¶¶ 2-6.) Demurrer A demurrer tests the sufficiency of a complaint as...

Excerpt: ...denied, in part, granted, in part, and moot, in part. The motion for summary judgment is denied. The motion for summary adjudication of Issue 1 is granted. The motion for summary adjudication of Issue 2 is denied. The motion for summary adjudication of Issue 3 is moot as there is no cause of action for Negligent Hiring, Retention, and Supervision in the operative pleading. The motion for summary adjudication of Issue 4 is denied. Background Plain...

Excerpt: ...proval of Class Action Settlement, Conditional Certification, Approval of Class Notice, Setting of Final Approval Hearing Date is granted. Background Plaintiff filed her Complaint on August 20, 2020. Plaintiff filed her First Amended Complaint on June 29, 2021. 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 curren...

Excerpt: ...ident in which her vehicle was rear ended by Defendant Evan Washington. The collision occurred when Defendant Kiyana Williams first rear- ended Defendant Anthony Gonzalez who then struck Washington's vehicle who then struck Plaintiff's vehicle. Motion to Tax Costs “Any notice of motion to strike or to tax costs must be served and filed 15 days after service of the cost memorandum. If the cost memorandum was served by mail, the period is extende...

Excerpt: ...forth meet and confer declarations in sufficient compliance with CCP § 435.5. (Decl., Christy Gargalis, ¶¶ 2-3.) Background Plaintiffs filed their Complaint on August 25, 2020. Plaintiffs' First Amended Complaint was filed on May 3, 2021. Plaintiffs allege the following facts: On February 14, 2019, a pipe burst in Plaintiffs' home. Defendant failed to inspect the property and failed to conduct a reasonable claims investigation. Ultimately, Def...

Excerpt: ... amend. PSIP SN Vermont, LLC's Motion to Expunge Lis Pendens is granted. Background Plaintiff filed its Complaint on November 17, 2020. Plaintiff's First Amended Complaint was filed on June 22, 2021. Plaintiff alleges the following facts: This action involves a dispute between Plaintiff, the buyer, and Defendant, the seller, regarding a Purchase and Sale Agreement (“PSA”) for the subject real property, commonly known as 19110 South Vermont Av...

Excerpt: ... filed their Complaint on September 5, 2019. Plaintiffs allege the following facts: This action arises out of Defendant Parquet by Dian providing construction services to Plaintiffs Nicholas G. Tonsich and Angela M. Tonsich despite the fact that Defendant Parquet by Dian did not at the time maintain a contractor's license issued by the California Contractor's State License Board. Defendant Dima Efros is liable as Parquet by Dian's alter ego. Defe...

Excerpt: ...TIVE RULING O'Gara Coach Company, et al.'s Demurrer to First Amended Complaint is sustained with 20 days leave to amend. O'Gara Coach Company, et al.'s Motion to Strike is moot. Rolls Royce Motor Cars Financial Services, a division of BMW Financial Services NA, LLC's Demurrer to First Amended Complaint is sustained with 20 days leave to amend. Background Plaintiffs filed their Complaint on December 1, 2020. Plaintiffs' First Amended Complaint was...

Excerpt: ...uments 3. Harry H. Joh Construction, Inc.'s Motion to Compel Further Responses to Requests for Admissions TENTATIVE RULING Harry H. Joh Construction, Inc.'s Motions to Compel Further Responses to Form Interrogatories, Special Interrogatories, Requests for Production of Documents, and Requests for Admissions are granted. Background Plaintiffs filed their Complaint on September 26, 2019. Plaintiffs' First Amended Complaint was filed on December 23,...

Excerpt: ...n part. Get Lucky Capital, LLC's Motion to Strike is moot, in part, and granted with 20 days leave to amend, in part. Background Plaintiffs filed their Complaint on December 10, 2020. Plaintiffs allege the following facts: Plaintiffs allege that Defendants forcibly entered and forcibly evicted Plaintiffs from their lawful possession of the property located at 13106 S. Vermont Ave., Unit #7, Gardena, Ca. 90247. Plaintiffs allege the following caus...

Excerpt: ...ns to Compel Further Responses and Further Supplemental Responses to Request for Production of Documents are granted, in part. Background Plaintiff filed his Complaint on June 20, 2019. Plaintiff alleges the following facts: Plaintiff purchased a 2018 Honda Accord 1.5T vehicle, which was manufactured and distributed by Defendant. The vehicle suffers from defects, including an engine defect. Defendant has not been able to repair the vehicle and De...

Excerpt: ...as filed on July 7, 2021. Plaintiff alleges the following facts: Plaintiff obtained a first lien mortgage loan secured by the real property located at 1911 Bataan Road, Unit A, Redondo Beach, CA 90278 through a Deed of Trust recorded on July 1, 2019. Plaintiff suffered from financial hardship but maintained a strong track record of timely payments due under the mortgage until the default. On or about January 14, 2021, Defendants recorded a Notice...

Excerpt: ...ative First Amended Complaint was filed on November 12, 2019. Plaintiff alleges the following facts: On February 2, 2019, Plaintiff was riding his motorcycle home from work at LAX Airport when Uber driver, Defendant Aguilar-Hernandez, turned left into Plaintiff. Plaintiff alleges that Defendant Aguilar- Hernandez was distracted due to the Uber Driver App. Plaintiff alleges the following causes of action: 1. General Negligence; 2. Motor Vehicle Ne...

Excerpt: ... Plaintiff wanted to stay at Defendant's hotel but the accessibility information on the hotel's reservations website was not sufficiently detailed to allow him to make an informed choice, in violation of the regulations under Title III of the Americans with Disabilities Act ("ADA"), 28 C.F.R. § 36.302(e) ("Reservations Rule"). Plaintiff set forth causes of action for: 1. Violations of the Americans with Disabilities Act of 1990; 2. Violation of ...

Excerpt: ...orrest Goldberg, M.D., Barry J. Wolstan, M.D., and Wolstan & Goldberg Eye Associates' Motions for Summary Judgment are granted. Background Plaintiff filed his Complaint on October 25, 2019. Plaintiff alleges the following facts: Defendants failed to timely diagnose and treat Plaintiff's detached retina which caused Plaintiff permanent disability. Plaintiff alleges a sole cause of action for professional negligence. Motion for Summary Judgment The...

Excerpt: ...Park Place Partners LLC filed its original Complaint on June 30, 2020. Plaintiff filed its First Amended Complaint on October 20, 2020. Plaintiff's operative Second Amended Complaint was filed on March 3, 2021. Plaintiff alleges the following facts: Plaintiff was the landlord and Defendant 2221 Park Place Tenant LLC was the tenant on the subject property located at 2221 Park Place, El Segundo, California. Co-Defendant WeWork Companies, LLC (“De...

Excerpt: ...ry Adjudication is denied. Background Plaintiff filed his Complaint on June 19, 2019. Plaintiff's operative Second Amended Complaint was filed on July 27, 2020. Plaintiff alleges the following facts: In March 2019, Plaintiff was searching for an apartment in the South Bay. Plaintiff was shown an apartment located on the Esplanade in Redondo Beach by defendant Ashley Rivera, an employee for defendant Beach Front Property Management, Inc., the prop...

Excerpt: ... Defendants Ray Golbari, Golbari Properties, and United Capital Investment's Demurrer to Fourth Amended Complaint is overruled. Defendants' Motion to Strike is denied. Background Plaintiff filed his Complaint on July 11, 2017. Plaintiff's operative Fourth Amended Complaint was filed on December 31, 2020. Plaintiff alleges the following facts: Plaintiff negotiated a real estate transaction for Defendants. Plaintiff and Defendants entered into a co...

Excerpt: ...d her Complaint on January 15, 2021. Plaintiff's operative First Amended Complaint was filed on April 7, 2021. Plaintiff alleges a single cause of action for unlawful detainer pursuant to a commercial lease agreement. Plaintiff alleges that Defendants failed to pay rent due, and additionally breached other covenants in the lease agreement. Request for Judicial Notice Plaintiff's request for judicial notice is granted pursuant to Evidence Code Sec...

Excerpt: ...dants 3 Sheets, LLC, Kris Kamm, Toby Johnson, and non-party David Shadle allegedly entered into a lease agreement with Plaintiff. Defendant Daniel Wagner allegedly agreed to replace Shadle as a substitute guarantor. Defendants failed to pay rent as required by the written lease, then abandoned the property. Demand was made on Defendants for the amounts due but Defendants refused to pay. Plaintiff alleges a sole cause of action for Breach of Lease...

Excerpt: ...aughter of Plaintiff, was sleeping inside the garage of a residence located at 8812 South Ramsgate Avenue in Westchester, California. Inside the garage was a Stihl battery that ignited causing smoke and fire. Plaintiff asserts that the design of the product was a substantial factor in causing the death of her daughter. Plaintiff alleges that Defendants, Alan T. Yamamoto, Paul Y. Yamamoto, and Scott G. Gaynor owned the property. Plaintiff alleges ...

Excerpt: ..., 2021. Plaintiff filed the First Amended Complaint on July 26, 2021. This is a commercial unlawful detainer complaint with respect to real property located at 444 South Maple Avenue, Torrance, California. Motion to Strike The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. CCP § 436(a). The court may also strike all or any part...

Excerpt: ... 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 instruments. Plaintiff alleges she is the owner of a 1/8 interest in the property at 10968 Ardath Avenue, Inglewood, which is co-owned by Defendants. On Ma...

Excerpt: ...2.040(b). Background Plaintiff filed its Complaint on March 25, 2021. Plaintiff alleges the following facts: Defendants breached their lease with Plaintiff's assignor for the lease of tour buses for use for Defendants' tour company. Despite demand, Defendants have not returned the tour buses. Plaintiff alleges the following causes of action: 1. Conversion; 2. Breach of Contract Writ of Possession CCP § 512.010 sets forth the requirements in an a...

Excerpt: ..., Plaintiff leased 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.; ...

Excerpt: ...o First Amended is overruled. William J. McLaughlin, III, et al.'s Motion to Strike Portions of First Amended Complaint is denied. Background Plaintiff filed her Complaint on February 6, 2020. Plaintiff's First Amended Complaint was filed on January 13, 2021. Plaintiff alleges the following facts: Defendants are the owners and managers of the building located at 902 Centinela Ave., #2, Inglewood, California, 90302. Defendants were in the business...

Excerpt: ...ices, Inc.'s Motion to Set Aside/Vacate Default and Default Judgment is denied without prejudice. Background Plaintiff filed its Complaint on September 22, 2020. Plaintiff's operative First Amended Complaint was filed on October 9, 2020. Plaintiff alleges the following facts: Plaintiff is a collection agency assigned this matter by State Compensation Insurance Fund (“SCIF”) for unpaid worker's compensation insurance premiums. Defendant owes a...

Excerpt: ... alleges the following causes of action: 1. Sexual Battery in Violation of CC 1708.5; 2. Sexual Assault; 3. Gender Violence in Violation of CC 52.4; 4. Interference with Exercise of Civ. Rights – 52.1; 5. IIED. Defendant filed his Cross-Complaint on September 3, 2020. Cross-Complainant's operative Second Amended Cross-Complaint was filed on June 17, 2021. The Court notes that the operative pleading was filed after the anti-SLAPP motion was file...

Excerpt: ...acts: Plaintiff alleges that he wanted to stay at Defendant's hotel but the accessibility information on the hotel's reservations website was not sufficiently detailed to allow him to make an informed choice, in violation of the regulations under Title III of the Americans with Disabilities Act ("ADA"), 28 C.F.R. § 36.302(e) ("Reservations Rule"). Plaintiff set forth causes of action for: 1. Violations of the Americans with Disabilities Act of 1...

Excerpt: ...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 Prospective Economic Relations; 10. Unfair Competition; 11. Conspiracy...

Excerpt: ...on December 28, 2020. Plaintiff alleges the following facts: Defendants developed a competing drinkware company called Bergamon while also employed with Plaintiff's company. Defendants operated Bergamon out of Ridgerock's location. Defendants breached their duties of loyalty to Ridgerock to enrich themselves and Bergamon. Plaintiff alleges the following causes of action: 1. Breach of Duty of Loyalty; 2. Misappropriation of Trade Secrets; 3. Inten...

Excerpt: ...ninsula Unified School District (“District”), et al.'s Demurrer to Complaint is sustained with 20 days leave to amend. Background Plaintiff's Complaint was filed on August 31, 2020. Plaintiff alleges the following facts: On December 18, 2019, Plaintiff was a thirteen-year-old 8th grade student at Miraleste Intermediate School, a school in the Defendant Palos Verdes Peninsula Unified School District (“District”). On that date, Plaintiff wa...

Excerpt: ...mplaint on February 23, 2020. Plaintiff alleges the following facts: Defendants enlisted Plaintiff, a lender, to secure $600,000 in funds to remodel Defendants' home. After the remodel was completed, Defendants failed to pay-off their debt. Defendants filed their Cross-Complaint on July 20, 2020. Defendants' First Amended Cross-Complaint was filed on January 25, 2021. Cross-Complainants allege the following facts: Cross-Complainant alleges that t...

Excerpt: ...s allege the following facts: Plaintiff David Shiokari, Jr. (“David, Jr.”) is the grandson of Defendant Nobuko Shiokari (“Nobuko”). Plaintiff Vicky Shiokari (“Vicky”) is David Shiokari, Jr.'s mother. Defendants Kenneth and Stan Shiokari are Defendant Nobuko's sons, the brothers of David Shiokari, Sr., David, Jr.'s father. In 2002, Nobuko and her late husband Tom Nobuko, through a family business partnership, decided to pay for the hea...

Excerpt: ...ntiff alleges that he wanted to stay at Defendant's hotel but the accessibility information on the hotel's reservations website was not sufficiently detailed to allow him to make an informed choice, in violation of the regulations under Title III of the Americans with Disabilities Act ("ADA"), 28 C.F.R. § 36.302(e) ("Reservations Rule"). Plaintiff set forth causes of action for: 1. Violations of the Americans with Disabilities Act of 1990; 2. Vi...

Excerpt: ...nt on October 21, 2019. Plaintiff alleges the following facts: Pursuant to a written residential lease agreement, Plaintiff leased the real property located at 1261 Rosecrans Avenue, Gardena CA 90247. Defendants, Plaintiff's landlords, failed to make necessary repairs on the leased property. Plaintiff alleged the following causes of action: 1. Personal Injuries and Property Damage; 2. Retroactive Rent Abatement; 3. Breach of Implied Warranty of H...

Excerpt: ...et al.'s Demurrer to Second Amended Complaint is sustained with 20 days leave to amend. Farmers Specialty Insurance Company, et al.'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 filed their Complaint on October 17, 2016. Plaintiffs' operative Second Amended Complaint was filed on September 25, 2020. Plaintiffs allege the following facts: This actio...

Excerpt: ...residential unlawful detainer complaint with respect to property located at 2629 Via Valdez, Palos Verdes Estates, California 90274. Demurrer Delta Imports v. Municipal Court (1983) 146 Cal.App.3d 1033, 1036 holds that a motion to quash service of summons is the proper procedure to test whether a complaint states a cause of action for unlawful detainer. However, other recent cases have held that a demurrer is the appropriate method to challenge w...

Excerpt: ...Alternative, Summary Adjudication is denied, in part, and granted, in part. Background Plaintiffs filed their Complaint on February 7, 2018. Plaintiffs' operative Second Amended Complaint was filed on January 23, 2020. Plaintiffs allege the following facts: Plaintiff Doe was a student with special needs attending the Realizing Amazing Potential After School Program (“RAP”) at Billy Mitchell Elementary School in the Lawndale Elementary School ...

Excerpt: .... (“Mega”) filed its Complaint on November 23, 2020. Plaintiff's First Amended Complaint was file d on January 12, 2021. Plaintiff alleges the following facts: Plaintiff is a wholesale lender that accepts brokered loans for resale to investors. Defendant is a loan broker and made misrepresentations on loans which caused the financial institutions to seek to repurchase the loans. Plaintiff alleges the following causes of action: 1. Specific Pe...

Excerpt: ...intiff and Defendants entered into an agreement whereby Plaintiff agreed to refer legal matters to Defendants in exchange for a referral fee. Plaintiff performed but Defendants refused to pay the referral fees. Plaintiff alleged the following causes of action: 1. Breach of Oral Contract; 2. Fraud; 3. Accounting. Meet and Confer Plaintiff filed a declaration setting forth an attempt to meet and confer in compliance with CCP § 2016.040. (Decl., Jo...