Excerpt: ...021. Plaintiffs allege the following facts. Plaintiffs were on the premises located at 441 23rd Street, Manhattan Beach, CA 90266. Plaintiff Liam Umer, a minor, was using an elevator installed by Defendants RD Waldman Construction, Inc. Plaintiff Liam Umefs left arm was caught on the metal framing of the PVE vacuum elevator causing him to suffer injuries to his left arm and hand. Motion for Leave to Amend The court may, in furtherance of justice,...

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

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

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

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

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

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

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

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

Excerpt: ...September 13, 2022. Plaintiffs allege the following facts. Plaintiffs are tenants/residents at 222 W. Lime Street Apartment C, Inglewood, California 90301 pursuant to a lease agreement. Defendants are the owners and/or managers. The property suffers from water intrusion and mold. Defendants failed to remedy the situation. Plaintiffs allege the following causes of action: 1. Statutory Breach of the Warranty of Habitability (Civ. Code 1941, 1941.1)...

Excerpt: ...s allege the following facts. Plaintiffs were on the premises located at 441 23rd Street, Manhattan Beach, CA 90266. Plaintiff Liam Umer, a minor, was using an elevator installed by Defendants RD Waldman Construction, Inc. Plaintiff Liam Umefs left arm was caught on the metal framing of the PVE vacuum elevator causing him to suffer injuries to his left arm and hand. Motion to Reopen Discovery Code Civ. Proc., S 2024.050 states, in relevantpart: "...

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

Excerpt: ...South Coast Industrial, Inc.'s Motion to Set Aside Default Judgment is denied without prejudice. South Coast Industrial, Inc.'s Motion to Quash Service of Summons is denied. South Coast Industrial, Inc.'s Motion for Sanctions is denied. Background Plaintiff filed the Complaint on September 3, 2019. Plaintiff alleges the following facts. This matter involves contractual and construction defect related claims arising from a multi- family developmen...

Excerpt: ...mons and Complaint TENTATIVE RULING Teamsters Western Region & Local 177 Health Care Plan's Demurrer to Complaint is overruled. Blue Cross and Blue Shield of Arizona, Inc.'s Demurrer to Complaint is overruled. Blue Cross and Blue Shield of Arizona, Inc.'s Motion to Quash Service of Summons and Complaint is denied. Background Plaintiff filed its Complaint on April 11, 2022. Plaintiff alleges the following facts. Plaintiff is an out-of-network medi...

Excerpt: ...days leave to amend, in part Paulette Meader's Motion to Consolidate is denied without prejudice. Background Plaintiff filed the Complaint on June 21, 2022. Plaintiff alleges the following facts. This action arises from the recordation of the notice of default and notice of trustee's sale and resulting trustee's sale of Plaintiffs former real property located at 2705 145th St., Gardena, CA 90249. Plaintiff alleges multiple violations of the Homeo...

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

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

Excerpt: ...LING Financial Services Vehicle Trust, et al.'s Application for Writ of Possession is granted pursuant to Code of Civil Procedure § 512.040(b). Background Plaintiff filed its Complaint on September 19, 2022. Plaintiff alleges the following facts. Defendant Jaimee Choe breached the motor lease agreement which Defendants entered with Plaintiff's assignor. Defendant Skyline Nationwide Leasing, Inc. is wrongfully retaining possession of the vehicle....

Excerpt: ...cts. Defendant sexually battered Plaintiff when she was a minor. Plaintiff alleges causes of action for: 1. Sexual Assault; 2. Sexual Battery; 3. IIED. Motion for Stay Pursuant to CCP § 128 and through its equitable power, the trial court has broad authority to stay actions in the interests of justice and to promote judicial efficiency. See, Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489. The Court has the discretion to “es...

Excerpt: ...18. Plaintiff is the owner of real property located at 605 South Prospect Avenue, Unit 307, Redondo Beach, CA 90277. Her unit is part of a condominium development managed and maintained by Defendant Brookside Village Homeowners Association, Inc. (“HOA”), in accordance with a Declaration of Establishment of Conditions, Covenants and Restrictions (“CC&Rs”). Plaintiff alleges that Defendant improperly maintained the common areas, as well as ...

Excerpt: ...itions and Request for Monetary Sanctions TENTATIVE RULING Del Amo Fashion Center Operating Company, LLC's Motion for an Order Compelling Defendant, Slater Torrance, LLC's Person Most Knowledgeable, Bob Yari, Alex Yari, and Sarah Bennett to Appear for Their Depositions and Request for Monetary Sanctions is granted. Background Plaintiff filed the Complaint on April 28, 2022. Plaintiff alleges a sole cause of action for Unlawful Detainer. Plaintiff...

Excerpt: ...Amended Complaint was filed on December 15, 2022. Plaintiff alleges the following facts. In the original Complaint, Plaintiff alleged 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. With the First Amended Complaint, Plaintiff has alleged no facts against this Defendant. Instead, Plaintiff simply generally concludes that the Defendant commit...

Excerpt: ...Tamara Bard's Motion to Quash Defendants Deposition Subpoena to Hicham Slout•y, M.D. TENTATIVE RULING Tamara Bard's Motion to Compel the Inspection Report of Independent Medical Examiner Caty Albertstone, M.D„ Motion to Quash Defendant's Overbroad Subpoena to Anthem for "Any and All" Medical and Insurance Records, and Motion to Quash Defendant's Deposition Subpoena to Hicham Siouty, M.D. are denied. Background Plamtiff filed her Complaint on ...

Excerpt: ...tive, Summary Adjudication is denied. 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, Defendant decided not to cover the damages stating that the claim was excluded ba...

Excerpt: ...ance Company's Motion to Continue Trial TENTATIVE RULING USAA Casualty Insurance Company's Motion for Summary Adjudication is denied. USAA Casualty Insurance Company's Motion to Continue Trial is denied. However, the Court on its own motion continues the trial date. Background Plaintiffs filed their Complaint on August 1, 2019. Plaintiffs allege the following facts. Plaintiffs suffered a drain leak and water damage on real property owned by them ...