Excerpt: ... Further Responses to Demand for Production of Documents, Set One is granted. KRS Construction Group, Inc. and Keith Smith's Motion to Quash Deposition Subpoena is denied. Background Plaintiff filed his Complaint on June 23, 2020. Plaintiff alleges the following facts: Plaintiff and Defendants entered into an agreement in which Defendants agreed to provide construction improvement work for Plaintiff's residence located in Rancho Palos Verdes, Cal...

Excerpt: ... 20 days leave to amend. Good World Tea House, Inc.'s Motion to Strike Portions of Cross-Complaint is granted with 20 days leave to amend. Background Plaintiff filed its Complaint on December 24, 2019. Plaintiff alleges the following facts: Plaintiff and Defendant entered into an agreement for the sale and purchase of a Boba shop located in Gardena, California. Plaintiff alleges that Defendant failed to perform all contingencies, and, then, faile...

Excerpt: ...sman at South Bay Mazda, uncovered fraud being perpetrated by Defendant's finance manager. The finance manager would allegedly alter customer contracts to convert non-commissioned sales items into commissioned sales items. The finance manager then retained the extra commission funds. Plaintiff notified management and was terminated. In addition, Defendant did not pay bonus packages earned by Plaintiff. Plaintiff alleges the following causes of ac...

Excerpt: ...er 22, 2014. Plaintiffs' operative Second Amended Complaint was filed on October 27, 2016. Plaintiffs alleged the following facts: Plaintiffs and Defendants entered into an agreement wherein Defendants agreed to purchase stock in Innley Medical Group. Defendants breached the agreement by failing to make the required payment. Plaintiffs alleged the following causes of action: 1. Breach of Contract; 2. Common Counts; 3. Breach of Contract; 4. Commo...

Excerpt: ...ped and fell as she entered the McDonald's restaurant located on Pacific Coast Highway in Lomita, California. On February 25, 2019, Defendant Dun-Dee, Inc. was added as DOE 1. While nothing in the Complaint nor in the motion explains Dun-Dee's status, it appears that Dun-Dee may be the owner, operator, and/or controller of the subject McDonald's restaurant. Plaintiff alleged the following causes of action: 1. General Negligence; 2. Premises Liabi...

Excerpt: ...nd Amended Cross- Complaint TENTATIVE RULING Procedure Engineers, Inc. and Seyed Afrouzeh's Demurrer to Second Amended Cross- Complaint is sustained with 20 days leave to amend. TruTeam's Demurrer to Second Amended Cross-Complaint is sustained with 20 days leave to amend. RTE's Demurrer to Second Amended Cross-Complaint is sustained with 20 days leave to amend. Background On March 20, 2018, Plaintiffs Alan Naito and Rose Naito filed their Complai...

Excerpt: ... amend. Pacifica Hotels, LLC, et al.'s Motion to Strike Portions of Complaint is moot, in part, and granted with 20 days leave to amend, in part. Background Plaintiff's Complaint was filed on October 23, 2020. Plaintiff alleges the following facts: Plaintiff suffered bed bug bites after staying at Defendants' hotel. Plaintiff alleges the following causes of action: (1) Breach of Implied Warranty of Habitability; (2) Battery; (3) Negligence – Pr...

Excerpt: ... on November 9, 2020. Plaintiff alleges the following facts: Plaintiff fell off of a toilet in a store called “Card De A” while she was in the course and scope of her employment at the store. Plaintiff alleges that the toilet seat in the restroom at Card De A was not properly secured and moved sideways causing Plaintiff to fall. Plaintiff alleges resulting damages. Plaintiff alleges that Defendants were owners. operators, lessors, lessees, ma...

Excerpt: ...aintiff's operative Second Amended Complaint was filed on September 9, 2020. Plaintiff alleges the following facts: Plaintiff had extensive water damage in his home. Defendants failed to properly remediate the condition. In addition, Defendants made false representations and concealed material information causing damages to Plaintiff. Plaintiff alleged the following causes of action: 1. Breach of Contract; 2. Declaratory Relief; 3. Fraud (Conceal...

Excerpt: ...021, Defendant's demurrer to the Complaint was sustained with leave to amend. On February 24, 2021, Defendant filed a demurrer to the First Amended Complaint noticed to be heard on April 13, 2021. However, no First Amended Complaint had been filed with the Court. The demurrer was continued to June 14, 2021. On April 12, 2021, Plaintiff filed a “Further Opposition to Demurrer.” In addition, Plaintiff filed the First Amended Complaint on that d...

Excerpt: ... Kim, DDS's Motion to Compel Responses by Defendants Joo Hwan Kim and Ta Yeon Park to Plaintiffs' Second Sets of Special Interrogatories and Requests for Production and for Sanctions 3. Fred J. Kim, DDS, Inc. and Fred J. Kim, DDS's Motion to Deem Second Set of Requests for Admission as Admitted as to Defendants Joo Hwan Kim and Ta Yeon Park and for Sanctions 4. Fred J. Kim, DDS, Inc. and Fred J. Kim, DDS's Motion for Terminating Sanctions, or, in...

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 19...

Excerpt: ...laint on September 24, 2019. Plaintiff filed 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. ...

Excerpt: ...Plaintiffs allege the following facts: This action revolves around the purchase of a residential property located at 1307 Fern Ave, Torrance, California 90503 (“Property”). Plaintiffs are husband and wife. Defendant Sybil Dolland is Plaintiff John Dolland's mother. The parties mutually agreed to purchase the Property where the three would live. Defendant agreed to gift $200,000 for the down payment and to secure a loan against her condominium...

Excerpt: ...5, 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 March ...

Excerpt: ...ended Complaint was filed on September 28, 2020. Plaintiff alleges the following facts: Plaintiff was hired by Defendants as a laborer in their warehouse facility when he was 14 years old. Plaintiff reported directly to Defendant Nechemia Shoub. Thereafter, Defendant Shoub began to emotionally, mentally, and sexually abuse Plaintiff, who was a minor at all relevant times. Defendant Shoub manipulated Plaintiff into trusting him, in part, using pro...

Excerpt: ...in part. Background Plaintiff 2221 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. Defend...

Excerpt: ...ATIVE RULING Defendant Pacific Coast Elevator Corp.'s Motion for Summary Judgment is granted. Defendant Otis Elevator Co.'s Motion for Summary Judgment is granted. Objections Plaintiff's Objections Declaration of Thomas J. Bertsch: Objections 1, 2, and 4 to 6 are overruled. The Court notes that no objection number 3 was set forth in the document purporting to set forth Plaintiff's objections. Declaration of Mark Hollinger: Objections to 7 to 20, ...

Excerpt: ...ustained with 20 days leave to amend. Meet and Confer Defendant set forth a meet and confer declaration in sufficient compliance with CCP § 430.41. (Decl., Stephen F. McAndrew, ¶ 1.) Background Plaintiff filed its Complaint on November 5, 2019. Plaintiff's operative Second Amended Complaint was filed on February 1, 2021. Plaintiff alleges the following facts: On or about October 17, 2015 Plaintiff and Defendant entered into a written agreement ...

Excerpt: ...ndant Beach House's objections 1 to 5 to the declaration of Deborah S. Tropp are overruled. Defendant Beach House's objections 1 to 4 to the declaration of Alex Daniels are overruled. Defendant Beach House's objections 1 to 3 to the supplemental declaration of John M. Upton are overruled. Background Plaintiff filed his Complaint on June 11, 2019. Plaintiff was employed by O'Rourke Construction (“O'Rourke”), a subcontractor hired by general co...

Excerpt: ...s filed their Complaint on June 9, 2020. Plaintiffs allege the following facts: Plaintiffs are the successor in interest and surviving spouse and children of decedent Kenneth Ravizza. Plaintiffs allege that decedent died in 2018 when he suffered cardiac arrest. Plaintiffs allege that an implantable cardioverter defibrillator (“ICD”) that he had received seven years earlier did not restore proper cardiac rhythm because a Durata 7121Q lead, a c...

Excerpt: .... Background Plaintiff Stacie Lara filed her Complaint on December 13, 2019. 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 Defendants. As...

Excerpt: ...round Plaintiff filed his Complaint on April 16, 2019. Plaintiff's operative Fourth Amended Complaint was filed on January 28, 2021. Plaintiff alleges the following facts: In February 2016, Plaintiff consulted with Defendant regarding pain that Plaintiff was suffering in his lower extremities. Defendant recommended vascular surgery for Plaintiff's condition known as claudication. As a result of the surgery and its complications, Plaintiff's right...

Excerpt: ...tiff alleges the following facts: On December 28, 2017, Plaintiff fell into a hole, created by an uncovered utility vault, on a sidewalk located at 11903 and 11921 Hawthorne Boulevard, Hawthorne, California. Plaintiff alleged causes of action for: 1. Dangerous Condition of Public Property; 2. Negligence. Defendant's motion for summary judgment was set to be heard on April 5, 2021, but the motion was continued to the current date due to the lack o...

Excerpt: ...tiff alleges the following facts: On December 28, 2017, Plaintiff fell into a hole, created by an uncovered utility vault, on a sidewalk located at 11903 and 11921 Hawthorne Boulevard, Hawthorne, California. Plaintiff alleged causes of action for: 1. Dangerous Condition of Public Property; 2. Negligence. Defendant's motion for summary judgment was set to be heard on April 5, 2021, but the motion was continued to the current date due to the lack o...

Excerpt: ...18. Plaintiff's operative Third Amended Complaint was filed on February 28, 2020. Plaintiff alleges the following facts: On December 27, 2017, Plaintiff was a patient at Palos Verdes Family and Immediate Care Group (“PVFICG”). Plaintiff was waiting in the waiting area room. Plaintiff asked that she be seen in front of other patients who were waiting in the waiting area room because she was a cancer patient and felt weak from chemotherapy. Pla...

Excerpt: ...ant Bausch & Stroebel discriminated against him based on his age and wrongfully terminated him. Plaintiff alleges that Defendant Frank Bauer, allegedly his former supervisor at Bausch & Stroebel, subjected him to sexual harassment. Plaintiff set forth the following causes of action: 1. Age Discrimination (FEHA), 2. Wrongful Termination in Violation of Public Policy, 3. Sexual Harassment (FEHA), 4. Retaliation (FEHA), 5. Failure to Prevent Discrim...

Excerpt: ...ns Under CCP § 128.7 TENTATIVE RULING Fred J. Kim, DDS, Inc. and Fred J. Kim, DDS's Motion for Attorneys' Fees Pursuant to the Special Anti-SLAPP Motion to Strike is granted. Fred J. Kim, DDS, Inc. and Fred J. Kim, DDS's Motion for Attorneys' Fees Pursuant the Motion for Sanctions Under CCP § 128.7 is granted. Background Plaintiffs filed their Complaint on January 29, 2020. Plaintiffs allege the following facts: Plaintiff Fred J. Kim, D.D.S. is...

Excerpt: ...intiff filed his Complaint on June 7, 2019. Plaintiff alleges the following facts: In January 2018, Plaintiff and Defendants entered into an oral contract for the construction and remodel of Plaintiff's real property located on 607 Bayview Drive, Manhattan Beach, California 90266. Plaintiff performed all material obligations required under the terms of the contract. Defendants breached the contract by failing to complete the project in the time r...

Excerpt: ...ered into a contract to purchase a small business franchise named Massage Envy from Defendant ACKC, Inc. Defendant Chan is alleged to be the alter ego of ACKC. Plaintiff paid $285,000 to purchase Massage Envy. The franchise business model is based on a monthly membership subscription structure. After the purchase closed, Plaintiff discovered that, prior to the closing date, Defendant Chan had secretly cancelled nearly 100 active and current membe...

Excerpt: ...: Plaintiff is the owner and landlord of commercial property located at 447 N. Prairie Ave. Inglewood, CA 90301. Defendants are the tenants who operate a medical practice. The lease's expiration date was February 5, 2020. To remain on the property after this date, Defendants were required to either exercise the purchase option or exercise the second lease option. Plaintiff alleges that Defendants failed to properly exercise either option. Defenda...

Excerpt: ...and M. Roy Nelson Inc. dba Horizon Management's ("Horizon”) objections. Objection to the Declaration of Shane A. Lachtman, ¶6, is sustained. Objections to Exhibits 1 and 2 to the Declaration of Shane A. Lachtman are sustained. Background Plaintiff Shane A. Lachtman filed his Complaint on April 24, 2019. Plaintiff's operative Second Amended Complaint was filed on December 9, 2019. This action stems from an altercation between Plaintiff and Defe...

Excerpt: ...ffs allege that their 2017 Mercedes-Benz MMPV2G, which was manufactured and distributed by Defendant, suffers from widespread defects — including defects with the air conditioning system, electrical system, and the interior fit and finish. Plaintiffs allege that Defendant has been unable to repair their vehicle within a reasonable number of attempts. Plaintiffs further allege that Defendant knew that the vehicle suffered from the prevalent defe...

Excerpt: ...mplaint is sustained, in part, and overruled, in part. Background Plaintiff filed its Complaint on April 7, 2020. Plaintiff's operative Second Amended Complaint was filed on January 4, 2021. Plaintiff alleges the following facts: The action arises from Defendants' alleged acts which resulted in the termination of an agreement between Plaintiff and Defendant Prime for the lease of space in Prime's hospital for the operation of a retail food busine...

Excerpt: ... its Complaint on April 16, 2019. The operative First Amended Complaint (“FAC”) was filed by Plaintiffs Uemura Corporation and UTI Corporation on July 31, 2020. Plaintiffs allege that Defendant Tomoyuki Miyano, who is a shareholder of Plaintiff Uemura and a former employee of Uemura's affiliate company in Japan, UTI, stole confidential information consisting of Plaintiffs' trade secrets to unlawfully compete with Plaintiffs by forming a new c...

Excerpt: ...ice of Summons and Complaint are granted. 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 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. Ne...

Excerpt: ...tion in sufficient compliance with CCP §§ 430.41. (Decl. Joshua S. Shuster, ¶¶ 2-3). Background Plaintiffs filed their Complaint on March 6, 2020. Plaintiffs' operative First Amended Complaint was filed on May 8, 2020. Plaintiffs allege the following facts: This is action arises from an incident that occurred on July 11, 2019 at an oil refinery facility in Torrance, California. Plaintiffs' son, decedent Gamaliel Gonzalez, was a part of an oil...

Excerpt: ...r Summary Judgment is denied. Defendant Maria Escalante's (“Escalante”) Motion for Summary Judgment, or, in the Alternative, Summary Adjudication of Issues is denied. Objections The Court makes the following rulings to Plaintiff's objections: Plaintiff's objections 1 to 6 to Defendant City of Hawthorne's evidence in support of City of Hawthorne's motion for summary judgment are overruled. Plaintiff's objections 1 to 4 to Defendant Maria Escal...

Excerpt: ...endant Beach House's objections 1 to 5 to the declaration of Deborah S. Tropp are overruled. Defendant Beach House's objections 1 to 4 to the declaration of Alex Daniels are overruled. Background Plaintiff filed his Complaint on June 11, 2019. Plaintiff was employed by O'Rourke Construction (“O'Rourke”), a subcontractor hired by general contractor, moving Defendant Beach House Design & Development (“Beach House”), for a construction proje...

Excerpt: ...laintiff sought to collect assessments from residents of Parkside Village Homeowners Association (“Parkside” or “HOA”). As against Defendant Herman Powells, Plaintiff also alleged that Powells was a former officer of the HOA, was refusing to return HOA owned property, and that he breached his fiduciary duty as an officer of the HOA. Defendant Powells' motion for summary judgment was granted. As against Defendants Jeffrey Johnson and Trena...

Excerpt: ...bjections Stevens' Objections to the Declaration of Austin Fraver: Objections 1 to 20 are overruled. Summit Sky Advisory, LLC's Objections dated April 2, 2021: Objection 1 is overruled as Summit Sky was provided an opportunity to respond to this new evidence. Objection 2 is sustained. Stevens' Objection dated April 12, 2021: Objection is sustained because the supplemental opposition was only allowed to address the new evidence submitted with the ...

Excerpt: ...k Quinteros' Motion to Set Aside Default, Default Judgment, and Dismissal is granted. Background Plaintiff Simon Whang filed his Complaint on September 25, 2018. Plaintiff alleged that Defendant Access Liquor (“Access”) breached a promissory note. On November 8, 2018, Access Liquor filed an Answer and Cross- Complaint. The Cross-Complaint named Plaintiff (Simon Whang), CCKSW, Inc., and Sulik Quintero as Cross-Defendants. Cross-Complainant all...

Excerpt: ... with 20 days leave to amend. Meet and Confer Defendant set forth meet and confer declarations in sufficient compliance with CCP §§ 430.41 and 435.5. (Decl., Priscilla A. Hernandez, ¶¶ 2-4). Background Plaintiffs Jobe Atashi and Nazilla M. Mehrania, as Trustees of the Atashi Family 2019 Revocable Trust, filed their Complaint on March 5, 2020. Plaintiffs allege the following facts: On May 19, 2005, Jobe Atashi and Nazilla M. Mehrania, as joint...

Excerpt: ...und Plaintiff Parkside Village Homeowners Association filed its Complaint on November 7, 2018. Plaintiff seeks to collect assessments from residents of Parkside Village Homeowners Association (“Parkside” or “HOA”). As against Defendant Herman Powells, Plaintiff also alleged that Powells was a former officer of the HOA, was refusing to return HOA owned property, and that he breached his fiduciary duty as an officer of the HOA. Defendant Po...

Excerpt: ...plaint is overruled. State Farm General Insurance Company's Motion to Strike is granted with 20 days leave to amend. Background Plaintiffs filed their Complaint on August 25, 2020. 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, Defendant decided not to cover the damages stating that the clai...

Excerpt: ... Set One, and Special Interrogatories, Set One is granted, in part, and denied, in part. Background Plaintiff filed his Complaint on May 14, 2015. Plaintiff's operative Second Amended Complaint was filed on January 13, 2017. Plaintiff alleges the following facts: Plaintiff and Defendant 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 ce...

Excerpt: ...ion to Plaintiff's Special Motion to Strike or in the Alternative Leave to File a Cross- Complaint is denied. Background Plaintiffs filed their Complaint on January 29, 2020. Plaintiffs allege the following facts: Plaintiff Fred J. Kim, D.D.S. (“Dr. Kim”) is a licensed dentist. Defendant Ta Yeon Park is Dr. Kim's former patient. Defendant Joo Hwan Kim is Park's son, and he served as Park's translator during several of her dental appointments....

Excerpt: ...Motion for Summary Judgment is continued. Background Plaintiff filed her Complaint on December 20, 2018. Plaintiff alleges the following facts: On December 28, 2017, Plaintiff fell into a hole, created by an uncovered utility vault, that was on a sidewalk located at 11903 and 11921 Hawthorne Boulevard, Hawthorne, California. Plaintiff alleged causes of action for: 1. Dangerous Condition of Public Property; 2. Negligence. Motions for Summary Judgm...

Excerpt: ...ebruary 28, 2020. Plaintiff's First Amended Complaint was filed on September 17, 2020. Plaintiff alleges the following facts: Plaintiff and Defendant invested in certain real property located at 10935-10937 Mansel Blvd, Inglewood, CA. They had an agreement that each would be 50 percent owners of the property. Defendant refuses to honor this agreement. Plaintiff set forth the following causes of action: 1. Breach of Contract; 2. Breach of Contract...

Excerpt: ...11, 2018. Plaintiffs' First Amended Complaint was filed on February 27, 2019. Plaintiffs allege the following facts: Plaintiffs contracted with Defendants for mortuary services for decedent Madeline Phillips. Plaintiffs specifically requested an open casket. However, decedent was entombed and sealed within her coffin. Plaintiffs set forth the following causes of action: 1. Breach of Contract; 2. Breach of Covenant of Good Faith and Fair Dealing; ...

Excerpt: ... Plaintiff alleges the following facts: On September 21, 2016 at Defendant Trader Joe's Company, Inc.'s store in Manhattan Beach, California, Plaintiff slipped and fell and suffered damages. Motion to Compel Compliance with Deposition Subpoena Pursuant to CCP §§ 1987.1 and 2025.480, Defendant Trader Joe's Company, Inc. moves for an order compelling compliance with the deposition subpoena for business records on the Employment Development Depart...

Excerpt: ...or Costco Wholesale Corporation is granted. Background Plaintiff's Complaint was filed on May 9, 2019. Plaintiff alleges the following facts: An incident occurred on May 26, 2017 at approximately 1:35 p.m. at Defendant Costco Wholesale Corporation's warehouse located at 3560 West Century Boulevard in Inglewood, California 90303. Plaintiff Willie Etta Evans slipped and fell while walking through the food court patio just outside the Inglewood Cost...

Excerpt: ... Plaintiff alleges the following facts: Plaintiff is a lender from which Defendants obtained two loans in 1992. Defendants defaulted on the loans in May 2020, and Plaintiff filed suit against Defendants. Defendants failed to file a responsive pleading to the Complaint. Entry of default was entered against Defendants on August 28, 2020. On November 9, 2020, Plaintiff obtained a default judgment against Defendants in the sum of $65,908.20. Motion t...

Excerpt: ... the instant Petition to Compel Arbitration on December 9, 2020. Petitioners allege the following facts: Petitioners are the owners and landlords of the commercial premises located at 1817 Catalina Avenue, Redondo Beach, California 90277. Petitioners petition to compel arbitration under the terms of the lease, dated March 14, 2016, originally executed by Petitioners as lessors and Respondent Anita Madan as lessee. Respondent Beach Business Manage...

Excerpt: ...in part. Background Plaintiff filed its Complaint 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, intimidatin...

Excerpt: ...the following facts: Plaintiffs purchased a condominium unit commonly known and described as 230 S. Catalina Avenue, Unit #202, Redondo Beach, California from Defendant Madhuri Saxena. Plaintiffs allege that they were informed and believed that the subject property was assigned two reserved parking spaces. Plaintiffs claim damages as a result of the subject property being assigned only one reserved parking space, instead of two. Demurring Defenda...

Excerpt: ...irst Amended Complaint is sustained with 20 days leave to amend. Background Plaintiff filed his Complaint on December 11, 2019. The First Amended Complaint was filed on August 26, 2020. Plaintiff alleges the following facts: Plaintiff has been diagnosed with autism, receives special education services and has had an Individualized Education Plan. Plaintiff's accommodations include redirection, modeling and hand-over-hand support, use of visual/ve...

Excerpt: ...ts, to Compel Compliance, and for Sanctions is granted. Meet and Confer Plaintiff filed a meet and confer declaration setting forth a reasonable good faith attempt at an informal resolution of each issue presented by the motion in compliance with CCP § 2031.310(b)(2). (Decl., Kenneth Fitzgerald, ¶ 5). Motion to Compel A party responding to an inspection demand shall respond to each demand with one of the following: a statement the party will co...

Excerpt: ...nts 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. Meet and Confer Defendant filed a meet and confer declaration setting forth a reasonable good faith attempt at an informal resoluti...

Excerpt: ...ed Complaint is overruled, in part, and sustained, in part, with 20 days leave to amend. Blue Cross of California's Motion to Strike is granted with 20 days leave to amend. Meet and Confer Defendant set forth a meet and confer declaration in sufficient compliance with CCP §§ 430.41 and 435.5. (Decl., Carol Burney Lewis, ¶¶ 2-8.) Request for Judicial Notice Defendant's request for judicial notice of the Combined Evidence of Coverage and Disclo...

Excerpt: ...2019. Plaintiffs' operative First Amended Complaint was filed on October 25, 2019. Plaintiffs alleged the following facts: On January 29, 2015, a promissory note was executed in favor of Defendants by Plaintiffs with the deed of trust of the property located at 30750 Ganado Drive, Rancho Palos Verdes, California 90275 (“subject property”) as security. On January 24, 2018, Defendants filed a lawsuit against Plaintiffs in the Orange County Supe...

Excerpt: ...n part. Motion to Compel Further Responses to Requests for Production of Documents A party responding to an inspection demand shall respond to each demand with one of the following: a statement the party will comply with the demand, a representation the party lacks the ability to comply with the demand, or an objection. (Code Civ. Proc., § 2031.210, subd. (a).) A response to an inspection demand may be inadequate because it is evasive or incompl...

Excerpt: ...s Demurrer to First Amended Complaint is overruled. Weston Apartments, Inc. and NSI Corp.'s Motion to Strike Portions of First Amended Complaint is denied, in part, and moot, in part. Background Plaintiff Timothy Raiford (“Plaintiff”) filed his Complaint on December 13, 2019. The operative First Amended Complaint (“FAC”) was filed on April 9, 2020. Plaintiff alleges the following facts: Plaintiff was a tenant on property owned, managed, c...

Excerpt: ...ary Judgment is granted. Jennifer Maria Andersen's Motion for Summary Judgment is granted. Objections The Court makes the following ruling to Defendants Ocean Terrace Condominium Association's ("HOA"), and M. Roy Nelson Inc. dba Horizon Management's ("Horizon”) objections. Objections 1 to 17 are overruled. Defendants improperly objected to Plaintiff's response to separate statement of facts. These objections do not consist of objections to evid...

Excerpt: ...ntiff asserted evidentiary objections to the declaration of Jordan Matthews. The Court declines to rule upon any of these objections as they are not material to the Court's disposition of this motion. Background Plaintiff So Cal Product Solutions LLC (“SCPS”) filed its Complaint on August 28, 2019. Plaintiff alleges the following facts. Plaintiff provided design services, fabrication services, and material supplies to Defendants Andrew Zhou, ...

Excerpt: ...ach of contract and common counts against Defendants Intuit Inc., Intuit Payment Solutions, LLC, and Mr. Sasan Goodarzi (“Defendants”) relating to a QuickBooks Online Advanced account and/or a QuickBooks Payments account. Plaintiff seeks $3.3 trillion in damages. Motion to Compel Arbitration 9 U.S.C. § 2 states: “A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitrati...

Excerpt: ...plaint is sustained without leave to amend. HHGC Management, LLC's Motion to Strike Portions of Second Amended Complaint is granted with 20 days leave to amend. Background Plaintiffs filed their Complaint on July 29, 2019. The operative Second Amended Complaint was filed on June 3, 2020. 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 becoming ...

Excerpt: ...eave to amend. Background Plaintiff filed his Complaint in February 11, 2020. 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 t...

Excerpt: ...granted, in part, and denied, in part. Objections The Court declines to rule upon Plaintiff's objections filed on January 21, 2021 as the objections are not material to the disposition of the ruling to this motion. In addition, the Court is not concerned with whether an attorney characterizes requests as being “broadly worded.” The Court will consider the propriety of the requests independent of any self-serving characterizations by one and/o...

Excerpt: ...h a meet and confer declaration in sufficient compliance with CCP § 430.41. (Decl., Michael V. Shepherd, ¶¶ 1-2.) Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the sufficiency of the complaint, the court must assume the truth of (1) the properly pleaded factual allegations; (2) facts that can be reasonably...

Excerpt: ...r Plaintiff set forth a meet and confer declaration in substantial compliance with CCP 2031.310(b)(2). (Declaration, Daniel Choi ¶¶ 20-28; Amended Declaration, Daniel Choi, ¶¶ 19-46). Motion to Compel Further Responses to Requests for Production of Documents A party responding to an inspection demand shall respond to each demand with one of the following: a statement the party will comply with the demand, a representation the party lacks the ...

Excerpt: ...and 2 are overruled. The Court makes the following ruling to Defendants' objections. Objections 1 to 17 are overruled. Background Plaintiff Maria Del Rosario Soto filed her Complaint on June 24, 2019. Plaintiff alleges that Defendants Divya Thai, M.D. and Healthcare Partners Affiliates failed to timely and properly diagnose and treat her lung cancer over a period of more than two years resulting in her advanced lung cancer. Defendants allegedly f...

Excerpt: ...t compliance with CCP § 430.41. (Decl., Jill S. David, ¶¶ 2-5.) Request for Judicial Notice Cross-Defendant's request for judicial notice is granted pursuant to Evid. Code section 452(d). Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the sufficiency of the complaint, the court must assume the truth of (1) ...

Excerpt: ...seal without a court order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.” Cal. Rules of Court, Rule 2.551(a). “A party requesting that a record be filed under seal must file a motion or an application for an order sealing the record. The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing.” CRC...

Excerpt: ...s, LLC, Schwartz Investment Company, LLC, and Schwartz Investment Company, LLC's Motions for Summary Judgment and/or Summary Adjudication are denied. Objections Moving Defendants' objections 1 to 20 are overruled. Here, Moving Defendants objected to arguments set forth in Plaintiff's memorandum of points and authorities. These arguments do not consist of evidence that are subject to objections. Moving Defendants' objections 21 to 30 are overruled...

Excerpt: ...and denied, in part. Meet and Confer Plaintiff set forth a meet and confer declaration in substantial compliance with CCP 2031.310(b)(2). (Declaration, Daniel Choi ¶¶ 22-37; Amended Declaration, Daniel Choi, ¶¶ 21-48). Motion to Compel Further Responses to Requests for Production of Documents A party responding to an inspection demand shall respond to each demand with one of the following: a statement the party will comply with the demand, a ...

Excerpt: ...plaint is overruled, in part, and sustained, in part. Meet and Confer Defendant set forth a meet and confer declaration in sufficient compliance with CCP § 430.41. (Decl., Stephen F. McAndrew, ¶ 1.) Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the sufficiency of the complaint, the court must assume the tru...

Excerpt: ...Documents, Set One is granted. Meet and Confer Plaintiff set forth a meet and confer declaration in substantial compliance with CCP § 2031.310(b)(2). (Declaration, Benjeman Beck, ¶¶ 15-23; ). Motion to Compel Further Responses to Requests for Production of Documents A party responding to an inspection demand shall respond to each demand with one of the following: a statement the party will comply with the demand, a representation the party lac...

Excerpt: ...w or amend an admission made in response to a request for admission only on leave of court granted after notice to all parties. (b) The court may permit withdrawal or amendment of an admission only if it determines that the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party's action or defense on the merits.” As the...

Excerpt: ...r declaration in sufficient compliance with CCP 430.41. (Decl., Mariko Taenaka, ¶ 3.) Request for Judicial Notice Defendant's request for judicial notice of the Complaint of Discrimination and Right to Sue Letter is granted. Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the sufficiency of the complaint, the ...

Excerpt: ...Lucretia Zorotovich Duncan and James Duncan move for an order to amend, vacate, or reconsider the proposed order filed on October 26, 2020. Defendants provide several different statutory bases for the Court to consider: Code of Civil Procedure section 473(d); Code of Civil Procedure section 473(b); Code of Civil Procedure section 663; Code of Civil Procedure section 1008. First, the Court notes that moving party moved to challenge the proposed or...

Excerpt: ...pulveda Investment Services, LLC moves, pursuant to Code of Civil Procedure §§ 2034.610 and 2034.620, to amend and/or augment its expert witness disclosure. The motion is made on the grounds that: (1) Plaintiff's previously designated expert witness, Brian Wine, relocated to Washington D.C. and he is not available to testify at the time of trial or to conduct the inspection of the property; (2) Plaintiff's amended complaint, filed in 2019, alle...

Excerpt: ...ntinela Valley Union High School District (“Centinela”), and Andy Mehta's (“Mehta”) Motions for Summary Judgment are granted. Objections Plaintiff's Objections in Connection with Each Defendants' Respective Motions Plaintiff's objections are overruled as Plaintiff did not properly object to actual evidence, but, instead, to statements made in Defendants' separate statement of facts. Plaintiff's Objections to Moving Party's Reply Facts Pla...

Excerpt: ...e section 452(g) and (h). Motion for Summary Judgment The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the...

Excerpt: ...an Ray: Objections 1 to 3, 6, and 12 to 17 are overruled. Objections 4, 5, and 7 to 11 are sustained. Declaration of Runa Ray: Objections 1, 2, 4 to 6, and 10 to 15 are overruled. Objections 3 and 7 to 9 are sustained. Motion for Summary Judgment The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegation...

Excerpt: ... compliance with CCP § 430.41. (Decl., Cristen R. Hintze, ¶ 6.) Request for Judicial Notice Plaintiff's request for judicial notice is granted, in part, and denied, in part. The Court takes judicial notice of the existence of the deposition transcripts of Regina Fong and Corey Marquis, but does not take judicial notice of the truth of any matters set forth in those transcripts. Thus, to the extent that Defendant objected to the Court taking jud...

Excerpt: ...ponses to Special Interrogatories 3. Robert Abassi, Terrance J. Carroll, RTI Properties, Inc., and Gardena West, LLC's Motion to Compel Responses to Requests for Production of Documents 4. Robert Abassi, Terrance J. Carroll, RTI Properties, Inc., and Gardena West, LLC's Motion to Deem Requests for Admissions Admitted TENTATIVE RULING Robert Abassi, Terrance J. Carroll, RTI Properties, Inc., and Gardena West, LLC's Motions are granted, in part, de...

Excerpt: ...onparty with an interest in the real property affected thereby, may apply to the court in which the action is pending to expunge the notice. . . Evidence or declarations may be filed with the motion to expunge the notice. The court may permit evidence to be received in the form of oral testimony, and may make any orders it deems just to provide for discovery by any party affected by a motion to expunge the notice. The claimant shall have the burd...

Excerpt: ...efendants Ray Golbari, Golbari Properties and United Capital Investment's Demurrer to Third Amended Complaint is sustained with 20 days leave to amend, in part, and without leave to amend, in part. The Motion to Strike Third Amended Complaint is moot. Meet and Confer Defendants set forth a meet and confer declaration in compliance with CCP §§ 430.41 and 435.5. (Declaration of Fay Pugh, ¶¶ 4-10.) Demurrer A demurrer tests the sufficiency of a ...

Excerpt: ...mpel Arbitration is denied. 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 of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. CCP § 436(b). The grounds for a motion to strike are that ...

Excerpt: ...as People's Location Services Ca. Corporation, Demurrer to Second Amended Complaint is sustained without leave to amend. Meet and Confer Defendant set forth a meet and confer declaration in sufficient compliance with CCP 430.41. (Decl., Jemal K. Yarborough, ¶¶ 2-6.) Request for Judicial Notice Defendant's request for judicial notice is granted pursuant to Evidence Code sections 452(g) and (h). Demurrer A demurrer tests the sufficiency of a comp...

Excerpt: ...or Summary Judgment is denied. Sunbeam Technologies, Inc.'s Motion for Summary Judgment is denied. Objections The Court makes the following ruling to Defendants' objections: City of Rancho Palos Verdes' and Hardy and Harper, Inc. As to objections 1 to 8, Defendants' objections to the declaration of Monty Wilde are overruled. As to objections 9 to 12, Defendants' objections to the declarations of David S. Brown are sustained. Sunbeam Technologies,...

Excerpt: ...ce De Leon III, and Cameron Williams' Demurrer to Complaint 4. Defendants Bobby Olvera, Jr., Francisco Ponce De Leon III, and Cameron Williams' Motion to Strike Portions of Complaint TENTATIVE RULING Defendants' Demurrers are sustained with 20 days leave to amend. Meet and Confer Defendants Michael H. Wechsler and William Hirai set forth meet and confer declarations in sufficient compliance with CCP §§ 430.41 and 435.5. (Decl., Michael Stevens,...

Excerpt: ...ient compliance with CCP § 430.41. (Decl. Kenneth M. Fitzgerald, ¶ 2.) Requests for Judicial Notice Cross-Defendant's request for judicial notice is granted pursuant to Evidence Code Section 452(d). The Court takes judicial notice of the existence of the Contract Optimization and Audit Agreement and the Professional Services Agreement which were attached to the Complaint. Demurrer A demurrer tests the sufficiency of a complaint as a matter of l...

Excerpt: ...he Court makes the following ruling to Defendants' objections. As to objections 1 to 4 to Defendants' objections to the declarations of Jude Akubuilo, Defendants' objections are sustained. As to objections 1 to 28 to Defendants' objections to the declaration of Jace W. Hyder, Defendants' objections are overruled. As to objections 1 to 6 to Defendants' objections to the deposition testimony of Maetta Cole, Defendants' objections are sustained. Req...

Excerpt: ...n 452(d). Code of Civil Procedure § 1281.2 states, in relevant part: “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists….” “California law reflects...

Excerpt: ...randum was served by mail, the period is extended as provided in Code of Civil Procedure section 1013. If the cost memorandum was served electronically, the period is extended as provided in Code of Civil Procedure section 1010.6(a)(4).” Cal. Rules of Court, Rule 3.1700(b)(1). “Unless objection is made to the entire cost memorandum, the motion to strike or tax costs must refer to each item objected to by the same number and appear in the same...

Excerpt: ...sh Service of Summons and Cross-Complaint is denied. However, the Court's own motion to dismiss the Cross-Complaint based on forum non conveniens is granted. The Plaintiff (or, here, Cross-Complainant) has the burden to show that sufficient minimum contacts exist between Defendant (Cross-Defendant) and California in order to establishing personal jurisdiction. See, Mihlon v. Superior Court (1985) 169 Cal.App.3d 703, 710; See, also, Edmunds v. Sup...

Excerpt: ...Set One The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED as to Nos. 18 and 24 to the extent defendant has not yet produced responsive documents that it has agreed to produce. Defendant is ordered to produce responsive documents within 15 days. The motion is DENIED as to Nos. 29-32. BACKGROUND On May 17, 2019, Nicholas Franco filed a complaint against American Honda Motor Co. Inc. for violation of statuto...

Excerpt: ...and reply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 3 rd cause of action for IIED. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND. BACKGROUND On August 3, 2020, plaintiff Laurie Kyong Wiluan filed a complaint against Steve and Annalisa Agoston, ind. and as trustees of the Agoston Family Revocable Trust for (1) violation of Civil Code 1950.5, (2) intrusion into private affairs, (3) IIED, and (4) declaratory ...