Excerpt: ...rrer to Second Amended Complaint is sustained without leave to amend. KLOS Radio, LLC's Motion to Strike the Third and Fourth Causes of Action is moot. Brala Beverly's Motion for Leave to Amend the Second Amended Complaint is denied. Background Plaintiff's Complaint was filed on January 6, 2020. Plaintiff's operative Second Amended Complaint was filed on July 2, 2021. Plaintiff alleges the following facts: Defendant failed to promote Plaintiff on...

Excerpt: ...r Complaint against Defendant Kevin Chiasson, as trustee of the Michael D. Stone Trust. Plaintiffs allege the following facts: Plaintiffs Jerome and Kyle Orlemann resided at their home at 5237 Wiseburn Street, Hawthorne, California 90250 (“subject real property”) prior to a dispute in ownership which resulted in Plaintiffs' eviction and lockout in October 2019. Defendant allegedly refused Plaintiff access to retrieve their personal property. ...

Excerpt: ...n of Parallel Criminal is granted, in part, and denied without prejudice, in part. Background Plaintiffs filed their Complaint on August 31, 2020. Plaintiffs' First Amended Complaint was filed on November 5, 2020. Plaintiffs allege the following facts: On June 18, 2020, Plaintiffs' decedent, Andres Edgardo Guardado, was shot and killed by Defendant Los Angeles County Sheriff's Department Deputy Miguel Vega at the general location of an alleyway a...

Excerpt: ...nt (“SAC”) is overruled. Background Plaintiff filed his Complaint on February 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 f...

Excerpt: ...ons to Compel Arbitration and Stay Action are granted. Background Plaintiff filed the Complaint on May 14, 2021. Plaintiff alleges the following facts: Plaintiff is a vocational beauty college. Plaintiff leased commercial property located at 2205 Artesia Boulevard, Redondo Beach, California 90278. Defendant UMC is the landlord. Defendants Carter and Morris are agents of UMC. Defendants continuously harassed Plaintiff and Plaintiff's students. Def...

Excerpt: ...ied, in part, and granted, in part. Background Plaintiffs filed their Complaint on October 16, 2020. Plaintiffs allege the following facts: Plaintiffs obtained approval for remodel plans of their property from the City of Rancho Palos Verdes. Defendants David Jankowski and Dianne Jankowski own neighboring property and notified Plaintiffs that they intended to seek an injunction alleging that Plaintiffs' plans violate restrictions in the CC&Rs. De...

Excerpt: ...laintiff alleges the following facts: Plaintiff's Complaint arises out of a dog bite injury and has alleged causes of action against the dog owner Bobbie Lopez as well as La Point Maintenance Association, Inc (the “HOA”), and its property management companies. Plaintiff alleges the following causes of action: 1. Negligence; 2. Premises Liability; 3. Strict Liability. Objections Defendant's objection to Exhibit D to the declaration of Brian J....

Excerpt: ...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 and fifth causes of action is sustained without leave to amend. City of Lawndale's Motion to Strike Portions of Complaint is moot. Background Plaintiff's Complaint was filed on March 18, 2021. Plaintiff alleges the following facts: Defendant has improperly denied Plaintiff a permit to construct his accessory dwell...

Excerpt: ...o April 18, 2022. 2. WeWork Companies, LLC's Demurrer to Fourth Amended Complaint is sustained without leave to amend. 2221 Park Place Partners LLC's Motion for Summary Judgment 2221 Park Place Partner's LLC's motion for summary judgment is continued to April 18, 2022. Code Civ. Proc., § 437c(h) states: “If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essen...

Excerpt: ...o April 18, 2022. 2. WeWork Companies, LLC's Demurrer to Fourth Amended Complaint is sustained without leave to amend. 2221 Park Place Partners LLC's Motion for Summary Judgment 2221 Park Place Partner's LLC's motion for summary judgment is continued to April 18, 2022. Code Civ. Proc., § 437c(h) states: “If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essen...

Excerpt: ...nt's Person Most Qualified and Request for Production of Documents is denied. Background Plaintiff's Complaint was filed on October 22, 2019. Plaintiff alleges the following facts: Plaintiff purchased a 2016 Volvo XC60 vehicle, which was manufactured and distributed by Defendant. The vehicle suffers from defects, including defects to the transmission system, electrical system, braking system, suspension system, and engine. Defendant has not been ...

Excerpt: ...nded Complaint is sustained with 20 days leave to amend. Pacifica Hotels, LLC, et al.'s Motion to Strike Portions of First Amended Complaint is moot, in part, granted with 20 days leave to amend, in part, and denied, in part. Background Plaintiff's Complaint was filed on October 23, 2020. Plaintiff's First Amended Complaint was filed on July 8, 2021. Plaintiff alleges the following facts: Plaintiff suffered bed bug bites after staying at Defendan...

Excerpt: ...filed the Complaint on June 8, 2020. Plaintiffs allege the following facts: Plaintiffs were residential tenants at real property located at 13707 Doty Avenue #65, Hawthorne, CA 90250. Defendant was the landlord. The property suffered from numerous habitability problems that were not resolved by Defendant including plumbing issues, the presence of roaches and bed bugs, deteriorated walls and carpet, and the presence of mold. Plaintiffs allege the ...

Excerpt: ... 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. Plaintiff set forth 31 separate causes of ac...

Excerpt: ...his Complaint on February 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...

Excerpt: ... Complaint on July 6, 2020. Plaintiffs allege the following facts: Plaintiffs were in a previous marital relationship and the previous owners of a home located in the City of Rancho Palos Verdes. Defendant Kenton Lane, a marriage and family therapist, became a tenant at Plaintiffs' home and began to provide them with counseling services. Plaintiffs contend Defendant Lane breached his fiduciary duties and was negligent in the counseling services p...

Excerpt: ...from Hazel Alers to Form Interrogatories, Set One 2. HealthCare Partners Affiliates Medical Group, Mary Jean Lockard, N.P., N. Isabel Kiefer, M.D., Hagop Sarkissian, M.D., and Kelly Winer, S.W.'s (collectively “HCP”) Motion to Compel Further Responses from Hazel Alers to Special Interrogatories, Set One 3. HealthCare Partners Affiliates Medical Group, Mary Jean Lockard, N.P., N. Isabel Kiefer, M.D., Hagop Sarkissian, M.D., and Kelly Winer, S....

Excerpt: ...days leave to amend. Background Plaintiff L.O., through his guardian ad litem Jules Laird, filed his Complaint on January 21, 2020. Plaintiff's operative Second Amended Complaint was filed on June 28, 2021. Plaintiff alleges the following facts: Minor Plaintiff, L.O., who has a disability, alleges that an instructional aide (“(Debra) Jane Doe”) employed at Jonas Salk Elementary School (“Salk”), a school within the Hawthorne Unified School...

Excerpt: ...ional Association, as Indenture Trustee's Motion to Compel Further Responses to Request for Production of Documents and Request for Sanctions 3. Towd Point Mortgage Trust 2018-4, U.S. Bank National Association, as Indenture Trustee's Motion to Compel Further Responses to Request for Admissions and Request for Sanctions TENTATIVE RULING Towd Point Mortgage Trust 2018-4, U.S. Bank National Association, as Indenture Trustee's Motion to Compel Furthe...

Excerpt: ...mmary Adjudication is denied, in part, and granted, in part. Defendants' motion for summary judgment is denied. Defendants' motion for summary adjudication is granted, in part, and denied, in part. Background Plaintiff filed his Complaint on June 19, 2019. Plaintiff's operative Second Amended Complaint was filed on July 27, 2020. Plaintiff alleges the following facts: In March 2019, Plaintiff was searching for an apartment in the South Bay. Plain...

Excerpt: ...ith 20 days leave to amend, in part, and overruled, in part. Janice Wise's Motion to Strike is granted without leave to amend, in part, granted with 20 days leave to amend, in part, and moot, in part. Background Plaintiff filed her Complaint on February 19, 2020. Plaintiff alleges the following facts: This action concerns a dispute among family members concerning rental real property which is held in a family trust. Plaintiff brings this action a...

Excerpt: ...'s Demurrer to First Amended Complaint is sustained with 20 days leave to amend, in part, sustained without leave to amend, in part, and overruled, in part. Broadway Manor, et al.'s Motion to Strike First Amended Complaint is granted with 20 days leave to amend, in part, and is moot, in part. Beth D. Corriea's Motion for Preliminary Injunction is denied. Background Plaintiff filed the Complaint on June 1, 2021. Plaintiff filed the First Amended C...

Excerpt: ...nd Settlement Agreements is granted, in part. Background Plaintiff filed his Complaint on November 15, 2019. Plaintiff alleges the following facts: Plaintiff and Defendants entered into an agreement whereby Plaintiff agreed to refer legal matters to Defendants in exchange for a referral fee. Plaintiff performed, but Defendant refused to pay the referral fees. Plaintiff alleged the following causes of action: 1. Breach of Oral Contract; 2. Fraud; ...

Excerpt: ...e Portions of Third Amended Complaint is granted without leave to amend. Akiyama Machinery Co., Ltd.'s Motion to Quash Service of Summons and Complaint is continued. 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 as a result of his arm ...

Excerpt: ...plaint TENTATIVE RULING American Contractors Indemnity Company's Demurrer to First Amended Complaint is sustained without leave to amend. American Contractors Indemnity Company's Motion to Strike Portions of First Amended Complaint is moot, in part, and denied in part. LuAnn Fabien dba LuAnn Development's Demurrer to First Amended Complaint is overruled. Background Plaintiff filed his Complaint on January 19, 2021. The operative First Amended Com...

Excerpt: ...ntiff alleges the following facts: Defendants failed to timely diagnose and treat Plaintiff's detached retina which caused Plaintiff permanent disability. Plaintiff alleges a sole cause of action for Professional Negligence. Motion for Terminating Sanctions If a party fails to comply with a court order compelling discovery responses or attendance at a deposition, the court may impose monetary, issue, evidence, or terminating sanctions. CCP § 202...

Excerpt: ...nted. 1300 Highland Shops and Work Lofts Association's Petition to Vacate Arbitration Award is denied. Background Plaintiff 300 Highland Shops and Work Lofts Association (“Highland”) filed its Complaint on July 23, 2020. Plaintiff alleges the following facts: Defendants commenced construction of a coffee shop and made unauthorized modifications to the common areas, which violate the Conditions, Covenants and Restrictions (CC&Rs) which govern ...

Excerpt: ...orporation and Xchange Leasing, LLC's Motion to Seal Settlement Under Seal is denied without prejudice. Fair Financial Corporation and Xchange Leasing, LLC's Motion for Determination of Good Faith Settlement is denied without prejudice. Background Plaintiff filed his Complaint on July 17, 2018. Plaintiff alleges the following facts: In 2016, Plaintiff agreed to lease from Xchange Leasing, LLC (“Xchange”) a 2016 Volkswagen Jetta. Under the ter...

Excerpt: ... by AAA Packing and Shipping, Inc. (“AAA”), and worked 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 serve as the general contractor. Smart Grid contracted with Rubicon after the termination of the construction contract with Klewin Cons...

Excerpt: ... 13, 2017. Plaintiff alleges the following facts: Plaintiff and Defendants 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 ceiling of Defendant's suites. However, Defendants failed to allow access. The CC&Rs establish Plaintiff's right to force improvements and to recover damages for interference with Plaintiff's property rights. Plaint...

Excerpt: ...d on April 22, 2021. Plaintiffs 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 at 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 pr...

Excerpt: ...llegedly suffered by Plaintiff Christopher Trejo from a toxic disease process called Stevens-Johnson Syndrome/Toxic Epidermal Necrolysis ("SJS/TEN") that started in October 2005 after he ingested an over-the-counter ibuprofen product, Motrin. Plaintiff alleged claims for strict products liability, negligence, and breach of warranty against Defendants McNeil Consumer Healthcare Division of McNeil- PPC, Inc. which is now Johnson &Johnson Consumer, ...

Excerpt: ...urred on December 23, 2015, on West El Segundo Boulevard, near Raymond Avenue, in Inglewood, California. Decedent Ruth Contreras Navas was driving a 2015 Nissan Sentra. Decedent Graciete Jocelyn Martinez was a passenger in the Nissan Sentra. Navas first collided with a freightliner owned by Trucking Master LAX, LLC operated by Rolando C. Verdugo. The freightliner had been parked by Verdugo and was unoccupied in the median of West El Segundo Boule...

Excerpt: ...n Oil & Refining Company's Motion for Summary Judgment and Petro Source Refining Corporation and BC Stocking Distribution's Joinders to Kern Oil & Refining Company's Motion for Summary Judgment are denied. Background Plaintiffs filed their Complaint on May 31, 2018. Plaintiffs' First Amended Complaint (“FAC”) was filed on October 15, 2018. Plaintiffs allege the following facts: From 1982 to 2000, Plaintiff Dan O' Leary worked for The Boeing C...

Excerpt: ...is granted. Background Plaintiff filed the Complaint on April 13, 2021. Plaintiff alleges the following facts: Defendants failed to provide legal services to Plaintiff in a competent manner in prior case, BC460381. Plaintiff successfully obtained a judgment in the prior action. However, due to Defendants' failure to perform legal services in a competent manner, the Defendant in that action was able to successfully release the levy. Plaintiff alle...

Excerpt: ...s denied. Background Plaintiff's Complaint was filed on October 9, 2020. Plaintiff alleges the following facts: Plaintiff extended credit to Defendant for purchases and/or cash advances by Defendant and/or persons acting with Defendant's permission on the American Express credit card. Defendant has failed to pay the amount of indebtedness. Plaintiff alleges the following causes of action: 1. Common Count – Open Book Account; Account Stated; Mon...

Excerpt: ...intiff filed her Complaint on April 8, 2019. Plaintiff filed her operative First Amended Complaint on January 28, 2020. Plaintiff alleges the following facts: In April 2018, Caitlin Lipyanka (“decedent”) was a live-in resident at the Silicon Beach Treatment Center. Decedent was allowed to leave the facility during the day and return to the facility at night. On April 7, 2018, decedent returned to the facility intoxicated after she had relapse...

Excerpt: ...d Plaintiff filed her Complaint on January 4, 2019. Plaintiff's operative Second Amended Complaint was filed on May 6, 2021. Plaintiff alleges the following facts: Plaintiff alleges that she was wrongfully terminated due to her disability and due to her lawful exercise of the Family and Medical Leave Act. Plaintiff alleged the following causes of action: 1. Wrongful Termination in Violation of Public Policy; 2. Retaliation (Labor Code 98.6); 3. V...

Excerpt: ...e following facts: Defendants failed to timely diagnose and treat Plaintiff's detached retina which caused Plaintiff permanent disability. Plaintiff alleges a sole cause of action for Professional Negligence. Motion for Terminating Sanctions If a party fails to comply with a court order compelling discovery responses or attendance at a deposition, the court may impose monetary, issue, evidence, or terminating sanctions. CCP § 2025.450(h) (deposi...

Excerpt: ...Estate of Mary L. Cole, et al.'s Moton for Protective Order to Have the Depositions of Plaintiffs' Experts Taken via Zoom or Other Remote Device as Approved by the Court TENTATIVE RULING Armen Hovhannisyan, M.D. Group, Inc. and Armen Hovhannisyan, M.D.'s Motion to Compel Deposition of Plaintiffs' Experts Jace W. Hyder, M.D. and Amaka Odhu, PHARM.D. to Take Place in Person in Southern California is denied. Estate of Mary L. Cole, et al.'s Moton fo...

Excerpt: ... Complaint was filed on September 3, 2020. Plaintiff alleges the following facts: The action relates to real property commonly known as 1523-1525 W 206th Street Torrance, CA 90501. Plaintiff seeks partition of the real property and an accounting. Meet and Confer Defendants filed a meet and confer declaration in sufficient compliance with CCP §§ 430.41. (Decl., Larry D. Mikelson, ¶ 3.) Demurrer A demurrer tests the sufficiency of a complaint as...

Excerpt: ...Tenant LLC's Motion for Summary Judgment is continued to January 18, 2021. Code Civ. Proc., § 437c(h) states: “If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had,...

Excerpt: ...he 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 construction of Plaintiff's house. Plaintiff alleges the following causes of actio...

Excerpt: ...easons Hospice and Palliative Care of California, LLC, Arman Ahangarzadeh, LVN, Gary Zimny, R.N., Thomas (Tom) Carmody, Philip Rohrbacher, R.N., and Pejman Naghdechi, M.D.'s (collectively “Seasons”) Demurrer to First Amended Complaint 3. Seasons Hospice and Palliative Care of California, LLC, Arman Ahangarzadeh, LVN, Gary Zimny, R.N., Thomas (Tom) Carmody, Philip Rohrbacher, R.N., and Pejman Naghdechi, M.D.'s Motion to Strike Portions of Firs...

Excerpt: .... Background Plaintiffs Coffman Specialties, Inc. and Griffith/Coffman Joint Venture (collectively, "Plaintiffs") filed their Complaint on April 26, 2018. Plaintiffs allege the following facts: Plaintiffs contracted with Los Angeles World Airports ("LAWA'') to repave certain parts of Runway 6L-24R at Los Angeles International Airport ("LAX"). Defendant Harber Companies, Inc. (“Harber”) subcontracted with Plaintiffs to groove Runway 6L-24R pur...

Excerpt: ...ing facts: Plaintiff entered into a written agreement with Defendant to provide the use of chassis and intermodal transportation services. Defendant has failed to remit payment to Plaintiff and are still in possession of the chassis. Plaintiff set forth causes of action for: 1. Breach of Contract; 2. Common Count – Account Stated; 3. Common Count – Reasonable Value; 4. Conversion, and 5. Possession of Personal Property. Motion for Summary Jud...

Excerpt: ...leges 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-C...

Excerpt: ... Complaint TENTATIVE RULING Brius Management Co.'s Demurrer to Complaint and Motion to Strike Portions of Complaint are moot. Brius Management Co.'s demurrer and motion to strike are directed to the initial Complaint, which is no longer the operative pleading in this action having been superseded by the filing of the First Amended Complaint. Daniel Marciano, M.D.'s Demurrer to First Amended Complaint is sustained, in part, and overruled, in part....

Excerpt: ...Plaintiffs filed their Complaint on March 12, 2016. Plaintiffs' First Amended Complaint was filed on October 12, 2017. Plaintiffs allege the following facts: Plaintiffs and Defendant entered into a commission agreement in which Real Estate Store acted as an agent for the sale of commercial real property on March 17, 2016. The agreement provided that if a ready and willing seller was provided, but Defendant withdrew the property from sale, Plainti...

Excerpt: ...on or behalf of Plaintiff, Benjamin Rogachefsky TENTATIVE RULING Sunstone Hotel Properties, Inc.'s Motion for an Order to Seal (1) The Motions or Petitions for Minor's Compromise by or on Behalf of Plaintiff, Michael Rogachefsky, and (2) The Motions or Petitions for Adult Compromise on or behalf of Plaintiff, Benjamin Rogachefsky is granted. Background Plaintiffs filed their Complaint Filed on April 1, 2015. Plaintiffs' operative Second Amended C...