Excerpt: ...estment Company, Inc.'s Motion to Strike Portions of Complaint is granted with 20 days leave to amend. Background Plaintiff's Complaint was filed on August 7, 2019. Plaintiff alleges the following facts: Plaintiff suffered bed bug bites after staying at Defendants' hotel. Plaintiff alleges the following causes of action: 1. Battery 2. Negligence 3. Intentional Infliction of Emotional Distress 4. Fraudulent Concealment 5. Private Nuisance 6. Publi...

Excerpt: ...ied. Background Plaintiff filed his Complaint on September 6, 2019. Plaintiff's operative First Amended Complaint was filed on November 27, 2019. Plaintiff alleges medical malpractice on the part of Defendants with respect to a shoulder operation completed by Defendants. A surgical scalpel blade was left in Plaintiff's shoulder causing harm to Plaintiff. After a demurrer was sustained without leave to amend with respect to the fraudulent concealm...

Excerpt: ...y 11, 2020. Plaintiff filed his Second Amended Complaint on July 28, 2021. Plaintiff alleges the following facts: Plaintiff was a longtime friend and client of an attorney named Richard J. Stall, Jr. (“decedent”). In 1993, Plaintiff and decedent entered into an oral agreement in which Plaintiff loaned decedent $348,418.02 at 10 percent interest. No specific time for repayment is specified other than payment upon demand. Plaintiff alleges that...

Excerpt: ...tiff filed the Complaint on September 22, 2021. The First Amended Complaint was filed on December 20, 2021. Plaintiff alleges the following facts: Plaintiff is the lessor of premises located at 5260 W. 104th Street, Los Angeles, California. The lessees are Defendant Starline Tours of Hollywood, Inc. and Defendant Professional Fleet Services, Inc. (“PFS”). The premises is a commercial property that the parties agreed would be used for parking,...

Excerpt: ...ber 20, 2021. Plaintiffs allege 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 (“PAGA”) for recovery of civil penalties pursuant to Labor Code Section 2698, et seq. Meet and Confer Defendants set forth a meet and confer declaration in compliance with CCP § 430.41. (Declaration, Bryanne J. L...

Excerpt: ...efault and Default Judgment is granted. Background Plaintiff filed its Complaint on April 1, 2021. Plaintiff alleges the following facts: Plaintiff operates a childcare and education center at the Promenade on the Peninsula (“The Promenade”) in Rolling Hills, California. Defendant operates a fitness club in a neighboring suite at The Promenade. Defendant has caused a nuisance via excess noise and vibrations. Defendant's activities also caused...

Excerpt: ...plaint is granted. Background Plaintiff filed his Complaint on May 30, 2018. Plaintiff alleges the following facts: Plaintiff was employed by AAA Packing and Shipping, Inc. Plaintiff was working at a construction site located at 525 North Sepulveda Blvd., El Segundo, CA 90245. Defendant/Cross-Complainant, Rubicon B. Hacienda, LLC (hereinafter, “Rubicon”), the owner of the property contracted with Smart Grid Construction (“Smart Grid”) to ...

Excerpt: ...st Amended Complaint was filed on August 19, 2021. Plaintiff alleges the following facts: Plaintiff contends she was misclassified as an exempt employee. Plaintiff worked six days a week, more than eight hours a day, and more than 40 hours a week. Plaintiff was paid a fixed salary regardless of the days and hours worked. Plaintiff received no meal breaks or rest periods. Defendants did not maintain nor provide Plaintiff with accurate time records...

Excerpt: ...t on July 17, 2019. Plaintiff alleges the following facts: Plaintiff is an out- of-network medical provider with a history of treating participants of the ILWU-PMA Welfare Plan (“Plan”). Plaintiff rendered medical services to four individual patients who were participants and/or beneficiaries under the Plan. Prior to rendering medical services, Plaintiff called Defendant to verify the patients' insurance benefit eligibility, and to obtain the...

Excerpt: ... to Form Interrogatories, Set One, and Special Interrogatories, Set One, is granted, in part, and moot, in part. As to Form Interrogatory 9.1 and Special Interrogatories 1-24, 32, 36, and 37, the motion is granted. As to Form Interrogatory 9.2, the motion is moot. 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 an...

Excerpt: ...stained with 20 days leave to amend, and sustained without leave to amend, in part. Ming Management, Inc.'s Motion to Strike Portions of First Amended Complaint is granted with 20 days leave to amend, in part, and is moot, in part. Background Plaintiff filed her Complaint on April 1, 2020. Plaintiff's operative First Amended Complaint was filed on May 18, 2021. Plaintiff alleges the following facts: Plaintiff entered into a lease agreement with D...

Excerpt: ...-Complaint of M & N Financing Corporation is sustained with 20 days leave to amend. Western Surety Company's Motion to Strike Portions of Cross-Complaint of M & N Financing Corporation is moot. Background Plaintiff filed his Complaint on March 24, 2021. Plaintiff alleges the following facts: Plaintiff purchased a 2016 Hyundai Sonata on December 24, 2018. Plaintiff later discovered that the dealer did not pay the warranty company for the warranty ...

Excerpt: ... August 28, 2017. The Court notes that Plaintiff's Second Amended Complaint was filed when the action was pending in the federal district court. 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 from the Torrance...

Excerpt: ...fs filed their Complaint on February 5, 2019. Plaintiffs' operative Second Amended Complaint was filed on June 17, 2019. Plaintiffs allege the following facts. Plaintiffs Kurt Baker and Dustin Holcomb entered into a commercial lease with Defendant Redondo Riviera Associates, LLC ("Defendant") to operate a fitness club in Redondo Beach on the subject commercial property. Plaintiffs claim that Defendant failed to inform them of the nature and exten...

Excerpt: ...ired to leave the country. During this time, Plaintiff and Defendant had an agreement that Defendant would manage the real property owned by Plaintiff located at 10234 S. 10th Ave. Inglewood, CA 90303. However, instead, Defendant obtained title to Plaintiff's real property through fraud and forgery of the deed. Plaintiff alleges the following causes of action: 1. Quiet Title; 2. Slander of Title; 3. Cancellation of Instrument; 4. Fraud; 5. Breach...

Excerpt: ...aint TENTATIVE RULING Big Brothers Big Sisters of Greater Los Angeles, Inc.'s Demurrer to First Amended Complaint is sustained without leave to amend, in part, and sustained with 20 days leave to amend, in part. Big Brothers Big Sisters of America's Demurrer to First Amended Complaint is sustained without leave to amend, in part, and sustained with 20 days leave to amend, in part. Big Brothers Big Sisters of America's Motion to Strike Portions of...

Excerpt: ...et One is moot. Background Plaintiffs filed their Complaint on January 17, 2020. Plaintiffs allege the following facts. Plaintiffs allege that their 2016 Chrysler 300, which was manufactured and distributed by Defendant, suffers from widespread defects, including transmission and engine defects, and that Defendant has been unable to repair their vehicle within a reasonable number of attempts. Plaintiffs further allege that Defendant knew that the...

Excerpt: ...irst Amended Complaint was filed on April 3, 2019. Plaintiffs allege the following facts. Defendants Roberto Bonilla and Jose Martinez botched a hernia operation, and then, fraudulently transferred assets to avoid judgment. Plaintiffs allege the following causes of action: 1. Rescission of Settlement Agreement; 2. Civil Battery; 3. Fraudulent Deceit; 4. Loss of Consortium; 5. Voidable Transactions. Meet and Confer Defendant set forth a meet and c...

Excerpt: ...allege the following facts. On or about January 26, 2007, Plaintiffs obtained a second mortgage loan from Defendant Great Western Home Loans in the amount of $102,000.00, secured by a deed of trust recorded against the subject property, 1131 South Truro Avenue, Inglewood, CA 90301, on February 1, 2007, in the Los Angeles County Recorder's Office as Instrument No. 20070214681. (Complaint, Exhibit C). Plaintiffs had previously obtained a loan modif...

Excerpt: ...ssions, Set Two, and Form Interrogatories, Set Two TENTATIVE RULING USAA Casualty Insurance Company's Motion to Compel Further Responses to Form Interrogatories, Set One, and Special Interrogatories, Set One, is continued. Ronald Neer, et al.'s Motion to Compel Further Responses to Requests for Admissions, Set Two, and Form Interrogatories, Set Two, is denied. Background Plaintiffs filed their Complaint on August 1, 2019. Plaintiffs allege the fo...

Excerpt: ...20 days leave to amend. Ming Bai Petrullo's Demurrer to Cross-Complaint is sustained with 20 days leave to amend. Ming Bai Petrullo's Motion to Strike Portions of Cross-Complaint is granted with 20 days leave to amend. Background Plaintiff filed the Complaint on May 4, 2021. Plaintiff alleges the following facts: Plaintiff is an owner of real property subject to the by-laws and Covenant, Conditions, and Restrictions (“CC&Rs”) of Defendant 190...

Excerpt: ...intiffs filed their Complaint on September 28, 2020. Plaintiffs' First Amended Complaint was submitted on January 19, 2021, but never officially filed. On August 24, 2021, the parties stipulated that the First Amended Complaint was deemed filed on January 19, 2021. Plaintiffs alleged numerous causes of action in relation to the death of Plaintiffs' decedent Alejandro Alers, Sr. The Plaintiffs in this action were the Estate of Alejandro Alers, Sr....

Excerpt: ...1. Plaintiffs alleges the following facts: Defendant owns real property located at 1467 11th St., Manhattan Beach ‐ APN 4167‐001‐025 ("Property"). Defendant is maintaining the following nuisance conditions: discharge of storm water into the municipal sewer system, discharging paint onto the curb, altering or demolishing a building on the property without permits, maintaining the residence in an unsafe condition, and allowing for the accumul...

Excerpt: ...romissory note. A demand was made on Defendant for payment pursuant to terms of promissory note, but Defendant has refused to pay. Plaintiff alleges the following causes of action: 1. Breach of Contract – Promissory Note. On February 14, 2022, Plaintiff's ex parte application to continue the trial and to reopen discovery and extend the discovery cutoff date to correspond to the new trial date was denied. Plaintiff failed to appear for the ex pa...

Excerpt: ...t 23, 2021. 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 Plaintiff's former real property located at 748 Venice Way, Inglewood, California 90302. Plaintiff alleges that the purported transfer of her note and deed of trust did not legally occur because, at the time Defendants purportedly acquired an interest in Plaintiff's mortga...

Excerpt: ...20. Plaintiff alleges the following facts: Plaintiff alleges that Defendant wrongfully evicted Plaintiff and attempted to extort Plaintiff. Plaintiff alleged the following causes of action: 1. Invasion of Interest in Real Property; 2. Conversion; 3. Trespass to Chattels; 4. Promissory Fraud; 5. Breach of Written Contract; 6. Breach of Oral Contract; 7. Promissory Estoppel; 8. Interference with Contractual Relations; 9. Interference with Prospecti...

Excerpt: ...Default and Default Judgment is granted. Background Plaintiff filed its Complaint on April 1, 2021. Plaintiff alleges the following facts: Plaintiff operates a childcare and education center at the Promenade on the Peninsula in Rolling Hills Estates, California. Defendant operates a fitness club in a neighboring suite at The Promenade. Defendant has caused a nuisance via excess noise and vibrations. Defendant's activities also caused fixtures to ...

Excerpt: ...omplaint on July 16, 2020. 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. Plaintiff alleges the following causes of action: 1. Failure to Provide Habitable Dwelling; 2. Breach of Covenant of Quiet Enjoyment; 3. Intentional Infliction of Em...

Excerpt: ...fs allege the following facts: Plaintiffs are an out-of-network surgery center that provides services to patients insured by Defendants. Defendants authorized surgical services, made specific representations regarding the rate of coverage, and confirmed that no pre-authorization requirements were needed prior to services being rendered. The services were performed in reliance on Defendants' pre-service representations. However, Defendants signifi...

Excerpt: ...nt on October 22, 2021. Plaintiffs allege the following facts: Plaintiff Iisha Byas' mother, Ceylon Byas, was an employee of Defendant Property Management Associates, Inc. as an onsite property manager. The property was owned by Defendant Three Rainbows, LLC. Ceylon Byas was allegedly physically attacked by Defendant Sarah Bruce, a tenant at the property. As a result of this attack, Ceylon Byas died. Plaintiffs alleges causes of action for: 1. Ne...

Excerpt: ...wan Kim, et al.'s Motion for Leave to File an Opposition to Plaintiff's Special Motion to Strike 4. Fred J. Kim, DDS, Inc., et al.'s Motion for Sanctions Pursuant to CCP § 128.7 TENTATIVE RULING Joo Hwan Kim, et al.'s Motions for Reconsideration of Court's Granting of Attorneys' Fees Pursuant to CCP § 425.16 and CCP § 128.7 are denied. Joo Hwan Kim, et al.'s Motion for Leave to File an Opposition to Plaintiff's Special Motion to Strike is deni...

Excerpt: ...'s Motion to Seal Documents Submitted in Support of Defendant's Motion for Summary Judgment, or, in the Alternative, Summary Adjudication is granted. Background Plaintiffs filed their Complaint on April 29, 2019. Plaintiffs' First Amended Complaint was filed on July 12, 2019. Plaintiffs allege the following facts: Plaintiffs Michael Gael and Ronald A. Sturtz were involved in a multi-vehicle motor vehicle accident while on vacation in Costa Rica. ...

Excerpt: ... troubles, in 2007, Plaintiff was required to leave the country. During this time, Plaintiff and Defendant had an agreement that Defendant would manage the real property owned by Plaintiff located at 10234 S. 10th Ave., Inglewood, CA 90303. Instead, however, Defendant obtained title to Plaintiff's real property through fraud and forgery of the deed. Plaintiff alleges the following causes of action: 1. Quiet Title; 2. Slander of Title; 3. Cancella...

Excerpt: ...ming Discovery Withdrawn is granted, in part. Background Plaintiff filed its Complaint on July 16, 2021. Plaintiff alleges the following facts: Plaintiff states that it properly invoked a lease purchase option in a lease related to real property described as 3501 Sepulveda Boulevard and 22100 Hawthorne Boulevard, in the City of Torrance, County of Los Angeles, State of California, Assessor's Parcel Nos. 7366- 019-132 and 7366-019-133. Plaintiff a...

Excerpt: ..., and with 20 days leave to amend, in part. Amen Pest Control, Inc.'s Motion to Strike Portions of Complaint is denied. Background Plaintiffs' Complaint was filed on May 3, 2021. Plaintiffs allege the following facts: Plaintiffs suffered bed bug bits in their apartment. The apartment was sprayed by Amen Pest Control, Inc. Plaintiffs allege the following causes of action: 1. Battery 2. Negligence 3. Intentional Infliction of Emotional Distress 4. ...

Excerpt: ...plaint TENTATIVE RULING Karyn Chamberlain's Demurrer to First Amended Complaint is overruled. Gutierrez & Sons Tree Service & Landscaping, Inc.'s Joinder to Demurrer to First Amended is overruled. Karyn Chamberlain's Motion to Strike Portions of First Amended Complaint is denied. Background Plaintiffs' Complaint was filed on April 1, 2021. Plaintiffs' First Amended Complaint was filed on June 17, 2021. Plaintiffs allege the following facts: Plain...

Excerpt: ...16, 2021. Plaintiff alleges the following facts: Plaintiff and Milton Howard Morrison were in a committed relationship for over 10 years and were engaged when Plaintiff decided to purchase a home for her and her children. On or about May 2006, Plaintiff and Mr. Morrison entered into an oral agreement. The terms of the agreement were that Mr. Morrison would obtain the loan and pay the down payment and taxes; Plaintiff was to pay the mortgage payme...

Excerpt: ...stom Home Building, Inc.'s Motion to Strike Portions of Second Amended Complaint TENTATIVE RULING Kamlesh Dhawan, et al.'s Demurrer to Second Amended Complaint is overruled. Kamlesh Dhawan, et al.'s Motion to Strike Portions of Second Amended Complaint is granted without leave to amend. Mike Davis Custom Home Building, Inc.'s Demurrer to Second Amended Complaint is overruled. Mike Davis Custom Home Building, Inc.'s Motion to Strike Portions of Se...

Excerpt: ... on May 19, 2021. Plaintiff alleges the following facts: The action stems from the construction and replacement of a fence on the property line located between 721 30th Street, Hermosa Beach, CA 90254 (“Plaintiff's Property”) and 723 30th Street, Hermosa Beach, CA 90254 (“Defendants' Property”). Plaintiff alleges that Defendants trespassed on his property, created a nuisance, and interfered with Plaintiff's contractual relations on the co...

Excerpt: ...m Interrogatories, Set One 3. Thomas Carmody's Motion to Compel Plaintiff Alejandro Alers, Jr.'s Verified Responses to Special Interrogatories, Set One 4. Thomas Carmody's Motion to Compel Plaintiff Hazel Alers' Verified Responses to Special Interrogatories, Set One 5. Pejman Haghdechi, M.D.'s Motion to Compel Plaintiff Alejandro Alers, Jr.'s Verified Responses to Special Interrogatories, Set One 6. Pejman Haghdechi, M.D.'s Motion to Compel Plain...

Excerpt: ...d Cross-Complaint is denied without prejudice. Background Plaintiff filed his Complaint on May 30, 2018. Plaintiff alleges the following facts: Plaintiff was employed by AAA Packing and Shipping, Inc. Plaintiff was working at a construction site located at 525 North Sepulveda Blvd., El Segundo, CA 90245. Defendant/Cross-Complainant, Rubicon B. Hacienda, LLC (hereinafter, “Rubicon”), the owner of the property contracted with Smart Grid Constru...

Excerpt: ...t on April 28, 2021. Plaintiff alleges the following facts: Defendants hired Plaintiff to assist with establishing a furniture manufacturing factory in Mexico and expanding the business in Latin America. Plaintiff performed his obligations, but Defendants failed to pay Plaintiff for his services. Plaintiff alleges the following causes of action: 1. Breach of Contract; 2. Breach of Implied Covenants; 3. Promissory Fraud; 4. Common Count – Accoun...

Excerpt: ...d Complaint was filed on June 17, 2019. Plaintiffs allege the following facts: Plaintiffs Kurt Baker and Dustin Holcomb entered into a commercial lease with Defendant Redondo Riviera Associates, LLC ("Defendant") for a fitness club in Redondo Beach. Plaintiffs claim that Defendant failed to inform them of the nature and extent of renovations being done to the building and the premises, resulting in an alleged lack of access to a portion of the pr...

Excerpt: ...ased a new 2016 from Defendant HC Automotive. Near the end of the lease, Plaintiff purchased the Jeep through RHC Automotive, Inc. Each dealer allegedly violated numerous consumer protection statutes in the transactions. Plaintiff alleged the following causes of action: 1. Violation of Consumers' Legal Remedies Act, Civ. Code 1750; 2. Violation of Vehicle Leasing Act, Civ. Code 2985.7; 3. Violation of Cal. Veh. Code 11710, et seq.; 4. Violation o...

Excerpt: ...h 20 days leave to amend. Prime Pan-Pacific Company's Motion to Strike Portions of First Amended Complaint is moot. Background Plaintiffs filed their Complaint on August 6, 2019. Plaintiffs' operative First Amended Complaint was filed on January 5, 2021. Plaintiffs allege the following facts: Plaintiffs' decedent was a pedestrian operating a wheelchair. Plaintiffs' decedent was killed when a semi-trailer truck ran him over in the street. Defendan...

Excerpt: ...ejudice. Background Plaintiff filed her Complaint on June 4, 2021. Plaintiff alleges the following facts: Defendant Derrick Grandberry, an employee of Southern California Gas Co., raped Plaintiff while on a service call. 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 (19...

Excerpt: ...es the following facts: Plaintiff is the owner of the premises. Plaintiff and Defendants entered into a written lease agreement. Defendants abandoned the premises with a balance owed for rent, damages, and other charges. Defendants also owe for the balance of the unexpired lease. Plaintiff alleges the following causes of action: 1. Breach of Contract; 2. Common Counts. On April 27, 2021, Defendant Melvin Rivera filed a Cross-Complaint. Cross-Comp...

Excerpt: ...Responses to Form Interrogatories, Set One 3. Seasons Hospice & Palliative Care of California, LLC's Motion to Compel Hazel Alers' Verified Responses to Form Interrogatories, Set One 4. Seasons Hospice & Palliative Care of California, LLC's Motion to Compel Alejandro Alers' Verified Responses to Special Interrogatories, Set One 5. Seasons Hospice & Palliative Care of California, LLC's Motion to Compel Hazel Alers' Verified Responses to Special In...

Excerpt: ...aint on March 12, 2021. Plaintiff's First Amended Complaint (“FAC”) was filed on July 13, 2021. Plaintiff alleges the following facts. Plaintiff is an out-of- network surgery center that provides services to patients insured by Defendant. Defendant authorized surgical services and made representations regarding the rate of coverage. The services were performed in reliance on Defendant's pre-service representations. However, Defendant underpai...

Excerpt: ...d, in part. Background Plaintiffs filed their Complaint on July 6, 2021. Plaintiffs allege the following facts: Plaintiffs purchased the real property located at 4508 W. 142 Street Hawthorne, CA 90250. Defendants failed to disclose the property's deficiencies with safety code violations and citations. Plaintiffs alleges the following causes of action: 1. Breach of Written Contract; 2. Violation of Civ. Code Sections 1102, et seq.; 3. Violation of...