Excerpt: ... for Plaintiff. TENTATIVE RULING: GRANTED. While Plaintiff's motion is broad, evidence of any potential effects of a verdict on Defendants would be irrelevant and potentially excluded under Evidence Code § 352. Plaintiff's MIL #4 : Withdrawn. Plaintiff's MIL #5 : seeking exclusion of written warnings given in 2012 and 2015 and testimony about those warnings and the underlying circumstance. TENTATIVE RULING: GRANTED. Defendants oppose the motion ...

Excerpt: ...n or speculation. First, they assert the tautology that testimony based solely on speculation or improper extrapolation is inadmissible. Because the motion fails to identify specific damage calculations or opinions and describe the underlying facts or records and/or statistical methods used to reach those calculations or opinions, any order granting such a motion would a mount to a “ruling[ ] which would merely be declaratory of existing law or...

Excerpt: ... transmission system which is alleged to have a series of known defects causing hesitation, shuddering, and shifting issues. Defendant Ford Motor Company demurs to the third cause of action for violation of Civil Code section 1793.2(a)(3) and the fifth cause of action for fraudulent concealment. TENTATIVE RULING: Defendant's Demurrer to the Complaint is OVERRULED. DISCUSSION: Defendant Ford Motor Company demurs to the third cause of action for vi...

Excerpt: ...t Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for partition of a parcel of real property and for fraud, conversion, and breach of fiduciary duty. Plaintiff alleges that Defendant induced him to loan money for the purchase of the property to operate it as a dispensary. Plaintiff moves for terminating sanctions. Plaintiff also moves for summary judgment. TENTATIVE RULING: Plaintiff's Motion for Termina...

Excerpt: ...sion that was filed on August 22, 2023. Plaintiff alleges that Defendant's principal misappropriated confidential and sensitive personal information belonging to Plaintiff's claimants. Plaintiff moves for entry of default judgment and for a permanent injunction. TENTATIVE RULING: Plaintiff's Motion for Entry of Default Judgment and Permanent Injunction is CONTINUED for hearing on June 3, 2024 at 9:00 a.m. Plaintiff is directed to submit at least ...

Excerpt: ...laint filed. • 12/28/23: Cross-Complaint filed by Lowe's Home Centers, LLC • 12/29/23: Cross-Complaint filed by Jacobe Enterprises, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort action alleging that Plaintiff Montoya -Bautista developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Defendant Dal -Til...

Excerpt: ...12/28/23: Cross-Complaint filed by Lowe's Home Centers, LLC • 12/29/23: Cross-Complaint filed by Jacobe Enterprises, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort action alleging that Plaintiff Montoya -Bautista developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Defendant Dal -Tile Distribution, I...

Excerpt: ...t Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for partition of a parcel of real property and for fraud, conversion, and breach of fiduciary duty. Plaintiff alleges that Defendant induced him to loan money for the purchase of the property to operate it as a dispensary. Plaintiff moves for terminating sanctions. Plaintiff also moves for summary judgment. TENTATIVE RULING: Plaintiff's Motion for Termina...

Excerpt: ...iled. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an uninsured motorist action. Petitioner sustained injuries to her sternum and wrists in a car accident. Petitioner's claim proceeded to arbitration, in which the arbitrator awarded Petitioner damages in the amount of $189,000. Petitioner seeks an order confirming the arbitration award and an order awarding costs of proof on three requests for admissions. TENTATIVE RULING: Petition to ...

Excerpt: ...t filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract case. Plaintiffs purchased a property from Defendant which Plaintiffs allege was subject to a PACE loan. Plaintiffs allege that Defendant agreed to pay off the loan through escrow, such that the property would be transferred to Plaintiffs clear of any lien and failed to do so, despite receiving money in an amount equal to the balance on the loan, from escrow. Cr...

Excerpt: ...: • 04/03/23: Complaint filed. • 10/17/23: Cross-Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of a rental contract. Plaintiff alleges that Defendants failed to pay rent on a commercial lease agreement. Cross -Defendants Nicole Management, LLC, Masoud Omrany, and Ramin Omrany demur and move to strike the cross- complaint. TENTATIVE RULING: Cross -Defendants' Motion to Strike the Cross -Complaint...

Excerpt: ...ed Complaint filed. • 02/27/24: Second Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract and conversion. Plaintiffs allege that Defendant failed to adhere to an oral agreement between the parties and misappropriated corporate assets and trade secrets. Defendant demurs to portions of the Second Amended Complaint. TENTATIVE RULING: Defendant's Demurrer to the Complaint is OVERRULED. ...

Excerpt: ...T OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination action. Plaintiff alleges that his employer discriminated against him based on his religion and retaliated against him for complaining about being assaulted by a co-worker. Plaintiff moves to rescind a settlement agreement purportedly reached by the parties. TENTATIVE RULING: Plaintiff's Motion to Rescind Settlement Agreement is GRANTED. DISCUSSION: Plaintiff moves to re...

Excerpt: ...iled on August 22, 2023. Plaintiff alleges that Defendant's principal misappropriated confidential and sensitive personal information belonging to Plaintiff's claimants. Plaintiff moves to file an exhibit accompanying a declaration in support of Plaintiff's pending Motion for Default Judgment and Permanent Injunction under seal. TENTATIVE RULING: Plaintiff moves to file Exhibit B of the Declaration of Michael Kunkel in Support of Plaintiff's pend...

Excerpt: ...on action filed on January 23, 2024. Plaintiff alleges that she was denied accommodations for her medical condition and was terminated because she needed those accommodations. Defendant demurs to and moves to strike the eighth, ninth, and tenth causes of action in the Complaint. TENTATIVE RULING: Defendant's Demurrer to the Complaint is OVERRULED. Defendant's Motion to Strike is DENIED. DISCUSSION: Demurrer to Complaint Defendant demurs to the ei...

Excerpt: ...ion to compel arbitration that was filed on December 4, 2023. Petitioner seeks to compel arbitration of a grievance involving a firefighter whose probational promotion was revoked pursuant to a memorandum of understanding between the parties . TENTATIVE RULING: The Petition to Compel Arbitration is GRANTED . DISCUSSION: Petitioner seeks to compel arbitration of a grievance pursuant to a Memorandum of Understanding between the parties. Timeliness ...

Excerpt: ...an 2013 Family Trust; (2) Plaintiff Hollywood Lanai Apartments, LLC RESPONDING PARTY(S) : (1) Plaintiff Hollywood Lanai Apartments, LLC; (2) Defendant Paul Krzemuski as successor trustee of the Violette Krzemuski a/k/a Violette Adamian 2013 Family Trust; CASE HISTORY: • 09/13/22: Complaint filed. • 10/03/22: Case deemed related to 22STCV30055 Kabala v. Krzemuski, et al. and 22STCV29709 Adamian v. Krzemuski, et al. (lead case). • 01/12/24: R...

Excerpt: ...n that was filed on August 23, 2023. Plaintiff alleges that she was sexually harassed by a colleague and terminated in retaliation for her complaints and for requiring accommodations for a disa bility. Plaintiff moves to set aside a stipulation to arbitrate filed on December 12, 2023. TENTATIVE RULING: Plaintiff's Motion to Set Aside Stipulation to Arbitrate is GRANTED. DISCUSSION: Plaintiff moves to set aside a stipulation to arbitrate filed on ...

Excerpt: ... a wrongful termination and employment discrimination action. Plaintiff alleges that Defendants refused to accommodate Plaintiff for a work -related injury and terminated her for pursuing accommodations. Defendant Concord Farms, Inc. moves to set aside the default entered against it under Code of Civil Procedure section 473.5. TENTATIVE RULING: Defendant Concord Farms, Inc.'s Motion to Set Aside Default is DENIED. DISCUSSION: Defendant Concord Fa...

Excerpt: ...: Cross-Complaint filed. · 08/25/23: First Amended Cross -Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract and fraud. Plaintiff alleges that Defendant agreed to sell all his rights and interests in a holding company that was jointly owned by the parties but failed to deliver the assets pursuant to the agreement. Plaintiff/Cross -Defendant demurs to the First Amended Cross- Complaint and mo...

Excerpt: ...is action on June 9, 2023, alleging breach of contract in connection with Defendants' failure to repay and guarantee a loan agreement codified in two promissory notes dated March 5, 2020, and June 7, 2020. Defendants demur to the second, third, and fourth causes of action in the Complaint. TENTATIVE RULING: Defendant Jerry Mao's Demurrer is SUSTAINED with leave to amend. Defendant Jack Chao's Demurrer is SUSTAINED with leave to amend. Defendant M...

Excerpt: ...tracts terms of partnership agreement and/or lease. TENTATIVE RULING: DENIED. Because Plaintiff does not identify any specific evidence to be excluded or clarify how it contradicts the terms of the parties' agreements, the Court cannot issue a meaningful order setting an evidentiary limit. PLAINTIFF'S MIL #3: seeking to exclude Defendant's experts as untimely designated. TENTATIVE RULING: DENIED. Plaintiff's initial designation of experts was tim...

Excerpt: ...ry, LLC; (3) Specially Appearing Defendant Consentino Group, S.A. RESPONDING PARTY(S) : Defendant Dal-Tile Distribution, LLC, joined by C&C North America, Inc.; WilsonArt LLC; Best Cheer Stone, Inc.; Walker & Zangler, LLC; Surface Warehouse, L.P.; Cambria Company, LLC; Global Stone Trading, Inc.; LX Hausys America, Inc.; Elite Stone & Cabin et, Inc.; Home Depot USA, Inc.; Caesarstone USA, Inc.; Arizona Tile LLC; Francini, Inc.; Lilly Industries; ...

Excerpt: ...d. • 06/08/22: First Amended Complaint filed. • 07/08/22: Cross-Complaint filed. • 10/23/23: Second Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for fraud and breach of contract arising out of a commercial lease dispute. Defendants demur to the Second Amended Complaint and move to strike portions of the Complaint. TENTATIVE RULING: Defendants' Demurrer to the Second Amended Complaint is OVERRULE...

Excerpt: ...Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a lemon law action filed on July 24, 2023. Plaintiffs purchased a 2020 Ford Explorer equipped with a 10R60 transmission system which they allege has a series of known defects causing hesitation, shuddering, and shifting issues. Defendants demur to the fifth cause of action for fraudulent concealment and the sixth cause of action for negligent repair. TENTATIVE RULING: Defend...

Excerpt: ... 08/17/23: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination and sexual harassment action. Plaintiff alleges that she was sexually harassed and assaulted by her co -workers. Defendants Cameo Hotel Inc and Valley Active Properties, LLC demur to the first, second, and sixth causes of action in the first amended complaint and move to strike portions of the prayer for damages in the Fi...

Excerpt: ...aw action filed on May 31, 2023. Plaintiff purchased a 2020 Honda Odyssey which developed defects in numerous core systems. Plaintiff moves to compel further responses to requests for production (set one) propounded to Defendant. TENTATIVE RULING: Plaintiff's Motion to Compel Further Responses to Requests for Production is GRANTED. Defendant is ordered to produce verified, code -compliant responses without objections to the requests as propounded...

Excerpt: ...3: Complaint filed. • 12/28/23: Cross-Complaint filed by Lowe's Home Centers, LLC • 12/29/23: Cross-Complaint filed by Jacobe Enterprises, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort action alleging that Plaintiff Montoya -Bautista developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Specially A...

Excerpt: ...7: Appeal filed by Defendant Ralphs Grocery Co • 12/09/19: Remittitur received, reversing in part and remanding. • 09/19/23: Special verdict entered. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a wrongful termination action. Following an appeal, the remaining claims are FEHA claims for failure to accommodate and engage in the interactive process and a defamation claim. Defendant moves to tax the memorandum of costs filed by Plaint...

Excerpt: ...ion that was filed on December 13, 2023. Plaintiff alleges that Defendants are attempting to evict him from his rental unit under color of a judgment in an unlawful detainer action which Plaintiff contends is invalid. Specially Appearing Defendant Kimball, Tirey, & St. John LLP moves to quash service of the summons and complaint. TENTATIVE RULING: Defendant Kimball, Tirey, & St. John, LLP's Motion to Quash Service of Summons is GRANTED. DISCUSSIO...

Excerpt: ...plaint filed. • 04/01/22: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination action. Plaintiff alleges that he was subjected to extensive harassment by Defendant Gustavo Valencia while they were both employees at California State University Northridge. Defendant Board of Trustees of the California State University moves to dismiss the action against individual Defendant Gustavo Va...

Excerpt: ...ifornia, LLC CASE HISTORY : • 12/04/23: Complaint filed. STATEMEN T OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination action that was filed on December 4, 2023. Plaintiff alleges that he was denied accommodations and wrongfully terminated for taking medical leave for cancer treatment. Plaintiff moves to specially set this matter for trial pursuant to Code of Civil Procedure section 36(d). TENTATIVE RULING: Plaintiff's M...

Excerpt: ...ss-Complaint filed by Lowe's Home Centers, LLC • 12/29/23: Cross-Complaint filed by Jacobe Enterprises, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort action alleging that Plaintiff Montoya -Bautista developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Defendant Caesarstone Ltd moves to withdraw its ...

Excerpt: ... PROCEEDINGS: This is an action for quiet title and injunctive relief. Plaintiff contends that Defendant is fraudulently claiming ownership of the property in which Plaintiff resides and which he contends that he owns. Defendant Amy Pham brings a renewed motion to require Plaintiff to furnish security as a vexatious litigant. TENTATIVE RULING: Defendant Amy Pham's Renewed Motion to Order Plaintiff to Furnish Security is DENIED. DISCUSSION: Defend...

Excerpt: ...TERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination action that was filed on August 9, 2023. Plaintiff alleges that he was harassed and ultimately terminated for sustaining a work -related injury and requiring accommodations for his resulting disability. Defendants move to compel this matter to binding arbitration pursuant to an arbitration agreement. TENTATIVE RULING: Defendants' Motion to Compel Arbitration is GRANTED. All fut...

Excerpt: ...R PROCEEDINGS: This is an employment discrimination action that was filed on June 28, 2023. Plaintiff alleges that she was harassed and terminated based on her gender and a perceived disability. Defendant moves to compel further responses to Requests for Production and Special Interrogatories propounded to Plaintiff. TENTATIVE RULING: Defendant's Motion to Compel Further Responses to Requests for Production is GRANTED. Defendant's Motion to Compe...

Excerpt: ... derivative action that was filed on October 31, 2023. Plaintiffs allege that Defendants Bryce Egbert and Taisiia Popova conspired to raid the assets of a pair of LLCs in the business of cannabis oil manufacture. Plaintiffs bring a renewed motion for preliminary injunction seeking the removal of Defendant Egbert from control of both nominal Defendants and the appointment of David Moss or another qualified person as receiver to take control of the...

Excerpt: ...Amended Complaint filed. • 10/17/22: Second Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for wrongful foreclosure on a property located at 82 W. Abor Street, Long Beach, CA 90805. Defendants move for judgment on the pleadings. TENTATIVE RULING: Defendants' Motion for Judgment on the Pleadings is GRANTED. Dismissal is entered as to all Defendants with prejudice this date. DISCUSSION: Defendants move ...

Excerpt: ...TERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract action that was filed on December 6, 2021. Plaintiff seeks coverage for the loss of inventory destroyed by a fire while in the care of the insured non -party Pro -Com Products, Inc. Defendant Great Northern Ins. Co moves to compel further responses to requests for admissions and form interrogatories, and for sanctions. TENTATIVE RULING: Defendant's Motion to Compel Further Responses to...

Excerpt: ... PROCEEDINGS: This is an action for breach of contract that was filed on December 14, 2023. Plaintiff alleges that Defendant, as the landlord of property leased by Plaintiff, refused to approve Plaintiff's request to install new playground equipment without adequate jus tification. Defendant specially moves to strike the Complaint in its entirety under Code of Civil Procedure section 425.16. TENTATIVE RULING: Defendant's Special Motion to Strike ...

Excerpt: ... a wrongful termination and employment discrimination action. Plaintiff alleges that Defendants refused to accommodate Plaintiff for a work -related injury and terminated her for pursuing accommodations. Defendant OSI Staffing, Inc. moves to set aside the default entered against it under Code of Civil Procedure section 473.5. TENTATIVE RULING: Defendant OSI Staffing, Inc.'s Motion to Set Aside Default is GRANTED. Defendant is ordered to file and ...

Excerpt: ... 04/03/23: Dismissal pursuant to settlement. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a wage and hour action. Plaintiffs allege that they were not adequately compensated for overtime nor provided meal or rest breaks. Plaintiffs move to enforce a settlement agreement. TENTATIVE RULING: Plaintiffs' Motion to Enforce Settlement is GRANTED. Judgment is entered this date for Plaintiffs and against Defendant J.D. Meints in the amount of ...

Excerpt: ...24j that was filed on April 13, 2023. Plaintiff alleges that Defendant failed to properly disburse the proceeds from a Trustee's Sale. Defendant moves for leave to file a cross -complaint in interpleader. TENTATIVE RULING: Defendant's Motion for Leave to File Cross -Complaint in Interpleader is GRANTED. Defendant is ordered to file a clean, stand -alone copy of the proposed cross -complaint and deposit the disputed funds with the Court within 10 ...

Excerpt: ...mplaint filed. • 12/28/23: Cross-Complaint filed by Lowe's Home Centers, LLC • 12/29/23: Cross-Complaint filed by Jacobe Enterprises, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort action alleging that Plaintiff Montoya -Bautista developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Specially Appear...

Excerpt: ...TEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort action alleging that Plaintiff Melendez- Murillo developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Specially Appearing Defendant Stylenquaza, LLC moves to quash service of the summons and complaint for lack of personal jurisdiction. TENTATIVE RULING: Specially ...

Excerpt: ...of 3/20/24; (2) Defendant Benedict Sirimanne CASE HISTORY: • 09/12/22: Complaint filed. • 10/26/22: Cross-Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This action involves a cancelled transaction to purchase a cargo aircraft, wherein the parties entered into a Cancellation Agreement and Plaintiff alleges that Defendants failed to repay a $5 million balance. Plaintiff asserts the following causes of actio n: (1) breach of c...

Excerpt: ...successor in interest to Robert E. Thacker CASE HISTORY: • 12/04/19: Complaint filed. • 12/11/19: The Ensign Group, Inc. substituted for The Flagstone Group, Inc. • 02/21/20: Third cause of action for willful misconduct dismissed with prejudice. • 12/04/20: First Amended Complaint filed. • 01/06/21: Second Amended Complaint filed. • 08/03/21: Third Amended Complaint filed. • 01/22/24: Judgment on special verdict entered. STATEMENT O...

Excerpt: ...8/24: Complaint in Intervention filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract and wrongful eviction action. Plaintiff alleges that it subleased a commercial property from Defendants to operate a cannabis business. The property allegedly had serious structural and habitability defects which Defendants nei ther disclosed nor remedied. Plaintiffs further allege that Defendants subsequently locked Plaintiffs out ...

Excerpt: ...�� 06/01/21: First Amended Complaint filed • 11/23/21: Second Amended Complaint filed • 10/10/22: Third Amended Complaint filed. • 09/13/23: Judgment entered on summary judgment against Plaintiff. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment action in which Plaintiff alleges discrimination, harassment, fraudulent misrepresentation, negligent misrepresentation, and fraudulent concealment arising from his employment w...

Excerpt: ...ARTY(S) : (1) Defendants Amazon.com Inc., Amazon.com Services LLC, and Prime Now, LLC; (2) Plaintiff Angelica Duarte STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination action that was filed on November 20, 2021. Plaintiff alleges that she was harassed, penalized, and ultimately terminated for having a disability that caused her to miss work. Plaintiff moves to quash two third party subpoenas for business records ...