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

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

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

Excerpt: ...ummary Adjudication is granted. Background Plaintiffs filed their Complaint on July 29, 2019. The operative Third Amended Complaint was filed on February 24, 2021. Plaintiffs allege the following facts. Plaintiff Ty Nguyen was working for Nationwide Plastic Products, Inc. when he was injured because of his arm becoming caught in the rollers of an Akiyama International, Hi-Ace Printing Press. Plaintiff Ty Nguyen's arm was amputated due to the alle...

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

Excerpt: ... 2023. Plaintiff alleges the following facts. Plaintiff retained Defendants for dental services. Plaintiff discovered a remnant inside her tooth, number 14, which was negligently left behind during a root canal theory treatment. Plaintiff alleges the following cause of action: 1. Professional Negligence. Meet and Confer Plaintiff set forth a meet and confer declaration in sufficient compliance with CCP §§ 430.41. (Decl., Nicholas L. Ramirez, ¶...

Excerpt: ...Complaint on February 17, 2022. Plaintiff's Second Amended Complaint was filed on January 4, 2023. Plaintiff alleges the following facts. Plaintiff is an out-of-network medical provider who treated participants of the health plan of Defendants. Plaintiff alleges that it provided medically necessary emergency services to insured member patients. However, Plaintiff was not paid, at all for some services, and for some other services, not paid the pr...

Excerpt: ...ve to amend. Pacific Coast Co., Ltd.'s Motion to Strike Portions of Cross-Complaint is moot. Background Plaintiff filed the Complaint on March 28, 2022, and the First Amended Complaint on June 10, 2022. Plaintiff alleges the following facts. In December 2020, Defendant Daniel Choi approached Luke Shim, Plaintiff Brincfi's CEO. Defendant was interested in becoming Brincfi's head of engineering. Defendant falsely represented to Shim that he was leg...

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

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

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

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

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

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

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

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

Excerpt: ...hon pertains to the care and treatment rendered to Plaintiff Sridevi Mudundi during a hysterectomy performed at South Bay Kaiser on February 14, 2019. Plaintiffs allege Mudundi suffered an injury to the bladder due to a cut that was discovered two days later when Mudundi presented to the emergency room with severe pain. Plaintiffs allege the following causes of action: (1) Negligence and (2) Loss of Consortium (brought by Plaintiff Balakrishna Re...

Excerpt: ...nd Amended Complaint is sustained with 20 days leave to amend. Beach Front Property Management, Inc.'s Motion to Strike Portions of Second Amended Complaint is moot, in part, and granted with 20 days leave to amend, in part. Background Plaintiffs' Complaint was filed on May 3, 2021. Plaintiffs' Second Amended Complaint was filed on June 10, 2022. Plaintiffs allege the following facts. Plaintiffs suffered bed bug bits in their apartment. The apart...

Excerpt: ...s filed on September 9, 2022. Plaintiff alleges the following facts. Plaintiffs allege that her 2022 Tesla Model Y, which was manufactured and distributed by Defendant, was advertised, represented, and leased to Plaintiff as a new vehicle with a clean repair history with no prior damage. However, in fact, the vehicle was not new and not safe. The vehicle was previously damaged and had prior body damage and repairs of $8,677.40 that were not discl...

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

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

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

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

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

Excerpt: ... Motion for an Order Compelling Daniel Choi's Further Responses to Requests for Production of Documents, Set One, and Special Interrogatories, Set One is denied, in part, and granted, in part. Background Plaintiff filed the Complaint on March 28, 2022, and the First Amended Complaint on June 10, 2022. Plaintiff alleges the following facts. In December 2020, Defendant Choi approached Luke Shim, Plaintiff Brincfi's CEO. Defendant was interested in ...