Excerpt: ...rty, Inc., et al.'s Motion to Strike Portions of Complaint 3. Jimmy Kim, et al.'s Demurrer to Complaint 4. Jimmy Kim, et al.'s Motion to Strike Portions of Complaint TENTATIVE RULING 401 South Hoover Property, Inc., et al. and Jimmy Kim, et al.'s Demurrers to Complaint are sustained with 20 days leave to amend. 401 South Hoover Property, Inc., et al. and Jimmy Kim, et al.'s Motions to Strike Portions of Complaint are moot, in part, and granted wi...

Excerpt: ... Jamele, et al.'s Application for Writ of Possession is granted pursuant to Code of Civil Procedure § 512.040(b). Background Plaintiffs filed the Complaint on June 14, 2022. Plaintiffs allege the following facts. Defendants entered into stock purchase agreements with Plaintiffs. Pursuant to the terms of the Agreement, Plaintiffs were to be given a Retained Earnings Promissory Note in an amount to be agreed upon by the parties. Eventually, four a...

Excerpt: ...Background Plaintiffs filed their Complaint on May 31, 2018. Plaintiffs' First Amended Complaint was filed on October 15, 2018. Plaintiffs allege the following facts. From 1982 to 2000, Plaintiff Dan O' Leary worked for The Boeing Company (“Boeing”) as an electrical journeyman at Boeing. (First Am. Compl. (“FAC”) ¶ 20.) Plaintiffs allege that, during this time, Dan O'Leary used or was exposed to certain solvents containing trichloroethyl...

Excerpt: ...mplaint on March 27, 2017, in both state and federal court. On August 28, 2017, Plaintiff filed a Second Amended Complaint in the federal action. Thus, the Second Amended Complaint is the operative pleading as it was the pleading at issue when the action was remanded back to the instant State Court. Plaintiff alleges the following facts: On October 31, 2016, Plaintiff's mother, decedent Michelle Shirley, was shot and killed by officers of the Tor...

Excerpt: ...nted. Fred J. Kim, DDS, Inc., et al.'s Motion for Attorneys' Fees and Costs is granted. 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 Ta Yeon Park's son, and he served as Ms. Park's translator during several of her dental appointments. Beginning...

Excerpt: ...denied. Background Plaintiff filed the Complaint on January 15, 2020. Plaintiff alleges the following facts. Plaintiff was employed as a police officer with the City of Hermosa Beach. Plaintiff was injured as an officer, and then improperly investigated in contravention of her rights under the Public Safety Officers Procedural Bill of Rights Act. Plaintiff was retaliated against for attempting to exercise those rights and her due process rights w...

Excerpt: ...e the following 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 instanc...

Excerpt: ...g facts. This case arises out of a slip and fall incident occurring on July 16, 2017, at Gardena Buffet & Grill in Gardena, California. Plaintiff, Nancy Jaber, slipped and fell on a piece of raw shrimp at Defendant's premises. Plaintiffs allege the following causes of action: 1. Premises Liability; 2. Negligence; 3. Loss of Consortium. Objections Defendant's objection to Exhibit B of the declaration of Edward M. Morgan is sustained. Motion to Reo...

Excerpt: ...s-Complaint TENTATIVE RULING ACS Logistics GMBH & Company KG's Motion to Quash Service of Summons and Cross- Complaint is granted. Background Stevens Global Logistics, Inc. (“Stevens”) filed its Complaint, Case No. 19TRCV00370, on April 19, 2019. Stevens alleges the following facts. Stevens is a freight forwarding company which arranges for the transportation of cargo for its customers. Texas Aviation Group, LLC (“Texas”) and Summit Sky A...

Excerpt: ...int is sustained with 20 days leave to amend. Cynthia L. Williams, M.D.'s Demurrer to Complaint is sustained with 20 days leave to amend. Holly M. Emge's Demurrer to Complaint is sustained with 20 days leave to amend. Background Plaintiff filed the Complaint on August 28, 2020. Plaintiff alleges the following facts. Plaintiff alleges that the numerous Defendants abuse, neglected, and wrongfully caused the death of his mother, June Horwich. Plaint...

Excerpt: ... Arbitration of Plaintiff's Individual PAGA Claim and to Dismiss Non-Individual PAGA Claim is granted. Background Plaintiff filed the Complaint on September 20, 2021. Plaintiff's First Amended Complaint was filed on June 1, 2022. Plaintiff alleges the following facts. Plaintiff is a former employee of Defendants. Plaintiff filed this action on behalf of herself and similarly aggrieved non-exempt employees under the Private Attorneys General Act (...

Excerpt: ...eptember 7, 2021. Plaintiffs allege the following facts. The action pertains to the care and treatment rendered to Plaintiff Sridevi Mudundi during a hysterectomy performed at South Bay Kaiser on February 14, 2019. Plaintiffs allege Mudundi suffered an injury to the bladder due to a cut that was discovered two days later when Mudundi presented to the emergency room with severe pain. Plaintiffs allege the following causes of action: (1) Negligence...

Excerpt: ...8, Plaintiff Bennett R. Georgen has owned the residential property located at 404 S. Juanita Avenue, Redondo Beach, California 90277. In June 2021, Defendant breached a land sales contract to purchase the Property from Plaintiff. Plaintiff alleges the following causes of action: 1. Breach of Written Note; 2. Quiet Title; 3. Declaratory Relief. Defendant's default was entered on June 8, 2022. Objections Plaintiff's objections 1 and 5 are sustained...

Excerpt: ... Portions of Complaint is denied. Background Plaintiff filed the Complaint on March 22, 2022. Plaintiff alleges the following facts. In 2021, Plaintiff's decedent, Dorris Cragg, was enrolled at Silverado Beach Cities, a residential care facility for the elderly. During a visit on April 7, 2021, Plaintiff discovered decedent incoherent, with bruises on her head. Decedent was transferred to Little Company of Mary- Torrance. Decedent was diagnosed w...

Excerpt: ...ervices Joinder to Motion to Compel Arbitration are granted. Background Plaintiff filed the Complaint on May 24, 2022. Plaintiff alleges the following facts. Plaintiff is a former employee of Defendants. Plaintiff alleges that he was subjected to discriminatory and harassing conduct based on age. Plaintiff did not receive an offer of permanent employment while younger individuals did obtain permanent employment. Plaintiff alleges the following ca...

Excerpt: ...ng facts. Plaintiff alleges that Defendant purchased real property at a Trustee's sale with knowledge that the sale was being conducted by a suspended corporation, and, thus improper. Plaintiff alleges a sole cause of action for Fraud in the Procurement of Foreclosure Decree. Meet and Confer Defendant set forth a meet and confer declaration in sufficient compliance with CCP § 430.41. (Decl. Joseph Trenk, ¶ 3.) Demurrer A demurrer tests the suff...

Excerpt: ...aint is sustained with 20 days leave to amend. Fitness International, LLC's Motion to Strike Portions of First Amended Complaint is moot. Background Plaintiff filed the Complaint on May 5, 2021. Plaintiff's First Amended Complaint was filed on March 28, 2022. Plaintiff alleges the following facts. Plaintiff was using an exercise machine at L.A. Fitness which is owned by Defendant Fitness International. While using the exercise machine, which was ...

Excerpt: ...on for Order: Restraining Order and Order to Show Cause is denied. Background Plaintiff filed the Complaint on April 22, 2020. Plaintiff alleges the following facts. The instant action was deemed related to prior action, Case Number YC071173 (which had, itself, been deemed related to prior action YC069634). The actions involve a dispute over ownership of a residential property in Inglewood, California. In 2004, Patricia Simmons- Redd contracted w...

Excerpt: ... is denied. Background Plaintiff filed its Complaint on March 14, 2022. Plaintiff alleges the following facts. Plaintiff and Defendant entered into an agreement in which Plaintiff agreed to perform construction services and delivery of a mezzanine and modulars for Defendant's premises. Plaintiff performed its obligations pursuant to the agreement. Defendant has failed to fully pay for Plaintiff's services. Plaintiff alleges the following causes o...

Excerpt: ...Complaint TENTATIVE RULING Chad Tao's Motion for Plaintiff to Furnish Security is granted. Chad Tao's Demurrer to First Amended Complaint is continued. Background Plaintiff filed the Complaint on December 20, 2019. Plaintiff's First Amended Complaint was filed on February 14, 2020. Plaintiff alleges the following facts. This matter involves a nonjudicial foreclosure proceeding that resulted in a Trustee's Sale on October 10, 2019, at which the su...

Excerpt: ...nt TENTATIVE RULING Active Environmental Solutions, LLC and Joshua Lingurar's Demurrer to First Amended Complaint is sustained with 20 days leave to amend, in part, and sustained without leave to amend, in part. Active Environmental Solutions, LLC and Joshua Lingurar's Motion to Strike Portions of First Amended Complaint is granted with 20 days leave to amend. Background Plaintiffs filed the Complaint on February 26, 2021. Plaintiffs' First Amend...

Excerpt: ...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 abuse Plaintiff emotionally, mentally, and sexually, who was a minor at all relevant times. Defendant Shoub manipulated Plaintiff into trusting him, in part, using promises of promotion a...

Excerpt: ...mended Cross-Complaint is GRANTED WITHOUT LEAVE TO AMEND as to Punitive Damages and DENIED as to Attorneys' Fees. Cross-Defendant Ali Sepehr's Demurrer to the Third Amended Cross-Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. Cross-Defendant Ali Sepehr's Motion to Strike Portions of the Third Amended Cross- Complaint is GRANTED WITHOUT LEAVE TO AMEND as to Punitive Damages and DENIED as to Attorneys' Fees. Cross-Defendants Aliasghar Khatibi, Ebra...

Excerpt: ...al TENTATIVE RULING Arlene Jaramillo's Motion for Approval of Private Attorneys General Act Settlement is granted. Background Plaintiff filed her Complaint on June 9, 2021, after properly notifying the California Labor and Workforce Development Agency (“LWDA”) of the alleged wage-and-hour violations. Plaintiff alleges the following facts. Plaintiff's representative wage and hour action is brought under the Private Attorney Generals Act (“PA...

Excerpt: ...ntiff suffers from a spinal cord injury and uses a wheelchair for mobility. Defendants own the subject real property and Carl's Jr. restaurant. Plaintiff visited the restaurant and Defendants failed to provide wheelchair accessible parking and restroom in conformance with the ADA Standards. Plaintiff alleges the following cause of action: 1. Violation of the Unruh Civil Rights Act. Meet and Confer Defendants set forth a meet and confer declaratio...

Excerpt: ....'s Motion to Strike Portions of Complaint is denied, in part, and granted, with 20 days leave to amend, in part. Background Plaintiff filed the Complaint on February 9, 2022. Plaintiff alleges the following facts. Plaintiff is a licensed low voltage contracting company. Guillen is a former employee of Plaintiff who quit his job. Defendants engage in a similar business and formed an entity with a similar name to Plaintiff. Defendants then contact...

Excerpt: ...lowing facts. On August 12, 2016, Plaintiff slipped and fell on the premises of Defendants. Several Cross-Complaints have been filed including Ability First's Cross-Complaint. Objections Ability's objections to the declaration of Matthew Perry: Objections 1 to 3 are overruled. Objections 4 to 9 are sustained. Motion for Summary Adjudication The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechani...

Excerpt: ... to amend. Robert R. Maxwell, 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 filed the Complaint on April 29, 2021. Plaintiff alleges the following facts. Plaintiff and Defendants own adjacent real property in Rancho Palos Verdes Estates. Defendants' real property is encroaching into the property line of Plaintiff's property. Plaintiff alleges the following ...

Excerpt: ...intiff filed the Complaint on January 19, 2022. Plaintiff alleges the following facts. Plaintiff entered into an oral contract with Defendant Clean Beauty Concepts LLC. Plaintiff was to receive certain commissions in exchange for identifying purchasers of hand sanitizer for Clean Beauty. Defendant Danish Gajiani, the CEO of Clean Beauty, intentionally misrepresented, on behalf of Clean Beauty, that Plaintiff would be paid the commissions. Plainti...

Excerpt: ...ff files its Complaint on February 17, 2022. Plaintiff's First Amended Complaint was filed on March 29, 2022. Plaintiff alleges the following facts. Plaintiff is an out-of- network medical provider who treated participants of the health plan of Defendants. Plaintiff alleges that it provided medically necessary emergency services to insured member patients. However, Plaintiff was not paid, at all for some services, and for some other services, not...

Excerpt: ...iled his Complaint on March 22, 2021. Due to legal troubles, in 2007, Plaintiff was required to leave the country. During this time, Plaintiff and Defendant Margarita Chicas had an agreement that Defendant would manage the real property owned by Plaintiff located at 10234 S. 10th Ave. Inglewood, CA 90303. However, instead, Defendant obtained title to Plaintiff's real property through fraud and forgery of the deed. Plaintiff alleges the following ...

Excerpt: ...laintiffs filed the Complaint on June 23, 2020. Plaintiffs allege the following facts. Plaintiffs leased property from Defendants and were injured due to the uninhabitable conditions on the property. Plaintiffs allege the following causes of action: 1. Violation of Civ. Code § 1942.4; 2. Tortious Breach of the Warranty of Habitability; 3. Breach of the Covenant of Quiet Enjoyment; 4. Nuisance; 5. Violation of Business and Professions Code § 172...

Excerpt: ...tars Behavioral Health Group, Inc., et al.'s Demurrer to First Amended Complaint is sustained with 20 days leave to amend. Stars Behavioral Health Group, Inc., et al.'s Motion to Strike Portions of First Amended Complaint is moot. Background Plaintiffs filed the Complaint on May 10, 2019. Plaintiffs' First Amended Complaint was filed on January 27, 2022. Plaintiffs allege the following facts. On or about July 30, 2018, Plaintiff Armando Zepeda wa...

Excerpt: ...Amended Petition for Writ of Mandate and Prohibition TENTATIVE RULING Palos Verdes Peninsula Unified School District's Demurrer to Second Amended Petition for Writ of Mandate and Prohibition is sustained with 20 days leave to amend. Palos Verdes Peninsula Unified School District's Motion to Strike Portions of Second Amended Petition for Writ of Mandate and Prohibition is moot. Background Petitioner filed the Petition for Writ of Mandate and Prohi...

Excerpt: ...granted. Background Plaintiffs filed the Complaint on March 22, 2016. Plaintiffs' operative Third Amended Complaint was filed on September 20, 2017. Plaintiffs allege the following facts: Defendant Hugh Douglas Bek promised his mother, decedent Barbara Bek Payne, that he would distribute the assets of her estate equally between himself and her grandchildren upon her death. Defendant broke this promise by refusing to distribute any of the property...

Excerpt: ...uly 23, 2019. Plaintiff alleges the following facts: Plaintiff is the owner of real property located at 209 Camino De Las Colinas, Redondo Beach, Los Angeles County, California, which is legally described as follows: 7514002020, 209 Camino De Las Colinas, Torrance, Tract #10300 Lot 32 Blk H. Defendants are the owners of other real property commonly known as 213 Camino, De Las Colinas, Redondo Beach, Los Angeles 5 County, California, which propert...

Excerpt: ...ion for Attorneys' Fees and Costs TENTATIVE RULING Mark S. Adams' Motion to Approve and Confirm Retention of Ervin Cohen & Jessup as General Counsel is granted Mark S. Adams' Motion for Discharge of Receiver, Exoneration of Surety, and Order Directing Payment of Costs and Fees is granted. City of Torrance's Motion for Attorneys' Fees and Costs is granted. Background Petitioner City of Torrance filed its petition to appoint a Receiver to remedy su...

Excerpt: ...ch 4, 2022. Plaintiff alleges the following facts. Plaintiff and Defendants entered into several partnership agreements to operate several businesses. Defendants made improper demands for payment to Plaintiff and proceeded to terminate Plaintiff's partnership. Plaintiff alleges the following causes of action: 1. Breach of Contract; 2. Breach of the Covenant of Good Faith and Fair Dealing; 3. Breach of Fiduciary Duty; 4. Accounting 5. Conversion; ...

Excerpt: ... following facts. In 2018, pursuant to written loan agreements, Plaintiff loaned Defendant in excess of $2 million. Defendant failed to repay the amounts due on the loans pursuant to the terms delineated in the agreements. Plaintiff alleges the following causes of action: 1. Breach of Contract; 2. Fraud/False Promise; 3. Recovery of Personal Property; 4. Specific Performance; 5. Conversion; 6. Violation of California Civil Code § 1719; 7. Declar...

Excerpt: ..., 2018. Plaintiffs alleged the following facts: Plaintiffs entered into a one-year residential lease agreement to rent the real property located at 1642 Carlson Land, Redondo Beach, from Defendant Victor Wang, owner and landlord of the subject property. Plaintiffs allege that rats invaded the property leading them to vacate the premises. Plaintiffs bring the following causes of action: 1. Tortious Breach of the Warranty of Habitability; 2. Breach...

Excerpt: ...r and for Sanctions TENTATIVE RULING Roshan Jayasinghe's Demurrer to First Amended Complaint is sustained with 20 days leave to amend. Roshan Jayasinghe's Motion to Strike Portions of First Amended Complaint is deemed moot. Suriya, LLC's Demurrer to First Amended Complaint and Motion to Strike Portions of First Amended Complaint are hereby stricken. Tropic Fishery Pvt., Ltd.'s Motion to Strike Suriya, LLC's Answer and Request for Sanctions is den...

Excerpt: ...of Kenton Lane, Terrence Theobald, and Maureen Theobald is denied without prejudice. Kenton Lane's Motion to Compel Further Deposition of Dr. Christopher Leach is denied without prejudice. Background Plaintiffs filed their Complaint on July 6, 2020. Plaintiffs allege the following facts. Defendant Kenton Lane became a tenant in Plaintiff's home. Defendant Lane is a marriage and family therapist. Defendant Lane provided therapy services to Plainti...

Excerpt: ..., 2021. Plaintiff alleges the following facts. Plaintiff is a former or current employee of Defendants. Plaintiff, individually, and on behalf of other similarly aggrieved employees, asserts a single cause of action for civil penalties under the Private Attorneys General Act (“PAGA”) for Labor Code violations that allegedly occurred during Plaintiff's employment with Plaintiff's employer. Motion for Leave to Amend The court may, in furtheranc...

Excerpt: ...laintiff alleges the following facts. Plaintiff negotiated a real estate transaction for Defendants. Plaintiff and Defendants entered into a contract for compensation which is attached as Exhibit A-O to the Fourth Amended Complaint. To partially satisfy Defendants' obligation to compensate Plaintiff, Defendants assigned two of their debts/accounts to Plaintiff for services rendered. Plaintiff contends that the assignments were worthless. Plaintif...

Excerpt: ...following facts. Plaintiff leased commercial property from Defendant. Defendant neglected the roof and plumbing of the retail center. Vagrants frequented the parking lot of the retail center and homeless moved into condemned units which caused flooding. Defendant failed to rectify these issues and Plaintiff's skin care business failed. Plaintiff alleges the following cause of action: 1. Breach of Covenant of Quiet Enjoyment; 2. Negligence; 3. Con...

Excerpt: ... Background Plaintiff filed the Complaint on February 19, 2019. Plaintiff's Second Amended Complaint was filed on June 22, 2020. Plaintiff alleges the following facts. This case involves the alleged defective construction of Plaintiff's multi-million-dollar home located at 38 Saddleback Road in Rolling Hills, California. The project consisted of the construction of an approximately 9,500 square foot single family residence as well as appurtenance...

Excerpt: ...nied. Background Plaintiff filed the Complaint on August 31, 2021. Plaintiff's First Amended Complaint was filed on October 28, 2021. Plaintiff provided to the Defendants cash, goods, and services in connection with work on the home of Defendants. In return, Defendants agreed to give Plaintiff land in Mexico. Defendants failed to perform. Plaintiff alleges the following cause of action: 1. Promise Made Without Intention to Perform. Objections Pla...

Excerpt: ...Building & Design's Motion to Compel Further Responses to Special Interrogatories, Set Two, is granted. Austin Building & Design's Motion for Leave to File First Amended Cross-Complaint is denied. Background Plaintiff Hardrock Management Corporation (“Hardrock”) filed its Complaint on October 8, 2019. Plaintiff's First Amended Complaint was filed on December 18, 2019. Plaintiff alleges the following facts. Northrup Grumman hired Austin as a g...

Excerpt: ...mend, in part, and without leave to amend, in part. The demurrer to the first through third causes of action is sustained with 20 days leave to amend. The demurrer to the fourth cause of action is sustained without leave to amend. City of Lawndale's Motion to Strike Portions of First Amended Complaint is moot. Background Plaintiff's Complaint was filed on March 18, 2021. Plaintiff's First Amended Complaint was filed on February 8, 2022. Plaintiff...

Excerpt: ...enied. Background Plaintiff Princess Obienu filed her Complaint on July 16, 2020. The First Amended Complaint was filed on April 11, 2022 by a new Plaintiff: Tamunomietta Jaja. Plaintiff alleges the following facts. Plaintiff lived at the apartment located at 818 Austin Avenue, Unit 8, Inglewood, California. However, the conditions in which she lived were uninhabitable due to water intrusion, mold infestation, and excessive noise. In the original...