Excerpt: ...spect to Defendant Pearl Turner's affirmative defense that “[t]he landlord improperly collected SCEP fees during the first year of tenancy,” contrary to Rent Adjustment Commission (RAC) Regulation §§ 370.00, et seq., and thus, is not entitled to recover possession because of this violation of the Los Angeles Rent Stabilization Ordinance (LARSO). L.A.M.C. §151.09E. Amended Answer at 5. Where, as here, Plaintiff moves to preclude the submiss...

Excerpt: .... as Doe 1. In BC610025, on September 7, 2018, Plaintiff Cesar Delsas dismissed Defendant Juliann McKenna from this action. In BC610025, on March 5, 2019, Plaintiff Cesar Delsas dismissed Defendant People Creating Success, Inc. from this action. In BC610025, trial is set for October 15, 2019. <0003002600480056004400 00030049004c004f0048>d a complaint against Defendant Larry Scott Legrand allegingmotor vehicle negligence for an automobile collisio...

Excerpt: ...try Club, and Sunbelt Rentals (“Defendants”). The complaint alleges strict products liability, negligence, failure to recall/retrofit, and premises liability for the fatal falling of decedent Jamie Rubio from a Genie S-85 at Calabasas Country Club on August 31, 2017. On May 15, 2019, Defendant Knight-Calabasas, LLC dba Calabasas Country Club filed a cross-complaint against Roes 1 through 100 seeking indemnity, contribution, and an apportionme...

Excerpt: ...tive order relating to Defendants' depositions and request for sanctions. On June 6, 2019, the Court granted Plaintiff's ex parte motion to compel Defendants' depositions, but denied Plaintiff's ex parterequest for sanctions. The Court scheduled a hearing for Plaintiff's request for sanctions on June 27, 2019 and ordered Plaintiff to file the motion for sanctions on the day of the ex parte hearing. Also on June 6, 2019, the Court heard Defendants...

Excerpt: ...ous liability, and a breach of a mandatory duty – negligent supervision for harassment and bullying that occurred in the 2016-2017 school year. On May 28, 2019, Defendants filed a demurrer to the complaint on the grounds that the complaint does not state sufficient factsto plead a cause of action, the causes of action are uncertain, and the second cause of action is duplicative of the third cause of action. Trial is set for December 23, 2019. P...

Excerpt: ...051[t's appearance at a deposition and Defendant's responses to request for production of documents. Trial is set for October 18, 2019. PARTIES' REQUESTS Plaintiffs ask the Court for an order compelling Defendant to appear and testify at a deposition and produce documents specified in Plaintiffs' deposition notice within ten days of the hearing on this motion. Plaintiffs also request that the Court award $3,736.65 in monetary sanctions against De...

Excerpt: ...first amended complaint because Plaintiff's counsel did not state when the facts giving rise to the amended allegations were discovered or why the request was not made earlier pursuant to California Rules of Court Rule 3.1324(b)(3) and (4), even though it appeared that Plaintiff died in 2017. The Court also noted that granting the motion after a long, unwarranted, and unexcused delay would present added cost and increased burden of discovery on D...

Excerpt: ...nthouse”), a nightclub owned by Defendant Melash, Inc. (“Melash”) . At the time of the incident, Penthouse had hired Defendant Crime Stoppers Service, Inc (“Crime Stoppers”) to provide security. Plaintiff contends that Crime Stoppers' security guard Defendant Alejandro Marquez (“Marquez”) either intentionally gave his baton to Gomez so he could use it to harm Plaintiff, or carelessly misplaced it, enabling Gomez to gain possession o...

Excerpt: ...uary 1, 2018, alleging one cause of action for premises liability against Defendant. On March 27, 2018 Defendant filed its Answer and Cross-Complaint against Cross- Defendant Unifirst Corporation (“Unifirst”), which was the manufacturer of the Subject Mat, alleging two causes of action for equitable indemnity and declaratory relief. Unifirst filed its Answer to Defendant's Cross-Complaint on March 15, 2019. Defendant filed the instant Motion ...

Excerpt: ...ntentional infliction of emotional distress. Plaintiff alleges that she was insulted and then accosted by her Lyft driver. Lyft filed the instant demurrer and motion to strike on May 24, 2019. Trial is set for October 20, 2020. PARTY'S REQUESTS Lyft requests that this Court sustain its demurrer on the grounds that the Complaint fails to state sufficient facts to constitute a cause of action against Lyft. Lyft also asks this Court to grant its mot...

Excerpt: ... by another student and alleges causes of action for (1) negligent supervision of students based on Government Code §§ 815.6 and 815.2 and 5 CCR § 552 against District and Does 1 through 50, (2) negligent hiring, supervision, training, and retention based on Government Code §§ 815.6 and 815.2 against District and Does 1 through 50, (3) negligent infliction of emotional distress against all Defendants, (4) assault <00480003002f0044000300 3500...

Excerpt: ...against Defendants Ildelfonso Davalo, Ayon Nursery, and Jose DeJesus Ayon. On May 10, 2019, Defendants Ildelfonso Davalos and Jose Dejesus Ayon filed the subject motion for a protective order to prevent the deposition of Ildelfonso Davalos and for sanctions. The motion was brought in anticipation of Plaintiff moving to compel a second session of Defendant's deposition. On May 24, 2019, Plaintiff filed a motion for an order compelling the second s...

Excerpt: ...mployment with Defendants Target Corporation, Target, and Target Brands, Inc. (collectively “Target”), and Defendant Penske Corporation, sustaining injuries. Plaintiff filed his Complaint against all defendants on October 23, 2018 alleging two causes of action sounding in (1) Motor Vehicle Negligence, Negligent Entrustment, Negligent Hiring, Negligent Undertaking, Negligent Retention, Negligent Supervision and Negligent Training; and (2) Negl...

Excerpt: ...stant motion to compel responses. On April 4, 2019, the Court, on its own motion, advanced and continued the hearing from May 17, 2019 to June 21, 2019. Trial is set for August 19, 2019. PARTY'S REQUEST Defendant requests a court order compelling Plaintiff to provide responses to Form Interrogatories (Set One) and Demand for Production of Documents (Set One). Defendant also requests a court order imposing $606.65 in monetary sanctions against Pla...

Excerpt: ...ch 18, 2019, Defendant Airbnb, Inc. (“Airbnb”) filed a motion to compel arbitration. Trial is set for August 14, 2020. PARTY'S REQUESTS Airbnb requests that this Court issue an order compelling Plaintiff to engage in arbitration pursuant to Airbnb's Terms ofService (“TOS”) and staying the case pending resolution of the arbitration. LEGAL STANDARD California Code of Civil Procedure section 1281.2 permits a party to file a petition and moti...

Excerpt: ...g that collapsed on Plaintiff on October19, 2017. On March 12, 2018, Plaintiff amended the complaint to name Intercontinental Affordable Housing, Inc. as Doe 1. On April 26, 2018, Plaintiff amended the complaint to name Intercontinental Affordable Paradise Two as Doe 2. On February 26, 2019, Plaintiff filed six motions to compel further responses from Defendants Intercontinental Affordable Housing, Inc. and Premier Associates II, LP to Form Inter...

Excerpt: ...liability) negligence per se, strict liability, and negligent infliction of emotional distress for an incident where Plaintiff was repairing a wall on Defendants' property. On May 1, 2019, Defendants filed a demurrer to Plaintiff's complaint asserting a failure to plead sufficient facts to state Plaintiff's causes of action and for uncertainty. Trial is set for July 27, 2020. PARTY'S REQUEST Defendants request that the Court sustain their demurre...

Excerpt: ... a January 9, 2013 urgent care visit. On May 5, 2019, Defendant filed a demurrer to Plaintiff' complaint due to lapses in various statutes of limitations, a failure to plead sufficient facts to state Plaintiff's causes of action, and for uncertainty. Trial is set for December 13, 2019. PARTY'S REQUEST Defendant requests that the Court sustain its demurrer because all of Plaintiff's causes of action are barred by the relevant statute of limitation...

Excerpt: ...pumper on wheels breaking free, rolling down an inclined driveway, and crushing Plaintiff on March 15, 2017. On April 6, 2019, Defendants Elite Investment Management Group, LLC and Go Green Remodeling, Inc. filed a cross-complaint against Defendant Grandmaison Construction, Inc. alleging negligence and seeking indemnity, contribution, and declaratory relief. On May 1, 2019, Defendants Elite Investment Management Group, LLC and Go Green Remodeling...

Excerpt: ...a West Coast University, Inc. filed a cross-complaint against Defendant PBC Commercial Cleaning Systems, Inc. seeking indemnity, comparative fault, and declaratory relief. On April 18, 2019, Defendant PBC Commercial Cleaning Systems, Inc. filed a demurrer to the initial complaint on the grounds that it does not state sufficient facts for counts two and three of the premises liability causes of action. Also on April 18, 2019, Defendant PBC Commerc...

Excerpt: ...mplaint to name Defendant's individual board members as defendants and amend his complaint to include a punitive claim for damages due to Defendant's prior knowledge that the restroom tiles are slippery when wet. <004c0051004a0003005200 004c0049004900b60056> motion to amend his complaint to June 5, 2019 for Defendant to file a further opposition and for Plaintiff to file a further reply. Trial is set for September 20, 2019. PARTY'S REQUESTS Plain...

Excerpt: ...lleged assault and battery, negligence, negligence per se, and intentional infliction of emotional distress for various attacks that occurred at Plaintiff D.K.'s school during the 2015-2016 school year, resulting in scratches, bruises, and emotional distress. On August 10, 2017, Plaintiff D.K. filed a First Amended Complaint omitting the negligence per se cause of action. On May 29, 2019, Petitioner Todd Keltner filed a petition to approve a comp...

Excerpt: ... At the original hearing date on May 21, 2019, the Court found that Defendant had not submitted a sufficient meet and confer declaration pursuant to California Code of Civil Procedure section 435, subdivision (a). Accordingly, the hearing on the motion to strike was continued to June 4, 2019, and the Court ordered Defendant to meet and confer with Plaintiff either in person or telephonically by May 24, 2019, and to file a code-compliance meet and...

Excerpt: ... (“FAC”) to include further allegations after the Court sustained Defendant Department of Motor Vehicle's demurrer to the initial complaint on February 28, 2019. On May 3, 2019, Defendant Department of Motor Vehicles filed a demurrer to the FAC on the grounds that it fails to plead sufficient facts to state a cause of action for either premises liability or negligence, the complaint is uncertain, and the Government Code section 845 immunity a...

Excerpt: ...70003003500520056>ie Camarena filed a complaint against Defendant MahmoudAlipour alleging motor vehicle and general negligence for an automobile collision that occurred on September 7, 2016. Also in BC705339, trial is set for November 7, 2019. PARTY'S REQUEST Defendant Michelle Mendez requests that this court consolidate case number BC685089 with case number BC705339. LEGAL STANDARD California Code of Civil Procedure section 1048 states:¿“When...