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2023.12.15 Motion to Stay 672
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.12.15
Excerpt: ...Inc. and Mike Thompson RV alleging violation of the Song-Beverly Act related to Plaintiff's purchase of a 2022 Thor Industry 23TW RV. Defendant argues that the warranty contains a forum selection clause which provides that Indiana is the exclusive jurisdiction for claims under the warranty. Legal Standard Ordinarily the party opposing enforcement of a forum selection clause bears the burden of proving enforceability, however, “that burden is re...
2023.09.25 Motion to Continue Trial 201
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.09.25
Excerpt: ... continued to this date. No additional/supplemental briefs were ordered to be filed, and none have been filed or lodged with the Court since the August 18, 2023 hearing. This action was filed on December 28, 2018. The Complaint alleges that Defendant Hanes Geo Components was negligent in the failure of an underground storm water detention system as part of a project to construct a new high school in Huntington Park, California. Defendant Hanes Ge...
2023.05.11 Motion to Continue Trial 621
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.05.11
Excerpt: ...od cause requiring a continuance_Z (In re Marriage of Falcone & Fyke (2008) 164 CalApp_4th 814, A trial court has broad discretion in considering a request for a trial continuancez (Pham v. Nguyen (1997) 54 Cal_App.4th 11, 13- The factors to consider in ruling on a motion to continue trial are. (6) A party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; (1) The proximity of the tr...
2023.04.12 Motion for Reconsideration 544
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.04.12
Excerpt: ...h eighth, and tenth causes of action. Plaintiff argues that reconsideration is warranted because: “Following this Court's Order, Plaintiff located communication with AllWire which specifically shows Defendant AllWire's knowledge of Plaintiff's contract with Southern California Edison, this evidence is a compelling reason to reconsider the Court's ruling on the Sixth through Eighth, and Tenth Causes of Action. Further, the applicable law support...
2023.03.29 Motion for Trial Preference 656
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.03.29
Excerpt: ... of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. (CCP S 36(a)_) "Notwithstanding any other provision of law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by...
2023.03.23 Motion to Compel Further Responses 216
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.03.23
Excerpt: ...lege Log, to Produce the Statement of Daniel Portillo, and to Produce the Report of Jose Evangelista Plaintiff OMAR MACEDO's Motion to Compel Defendants DANIEL PORTILLO and CHARTER COMMUNICATIONS Further Responses to Request for Production of Documents (set one) is GRANTED in part and DENIED in part Moving Party to give Notice. Although only one Motion appears on the Court's calendar, there are actually three (3) Motions scheduled for hearmg toda...
2023.03.23 Motion to Compel Arbitration 581
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.03.23
Excerpt: ...ate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP S 1281 "In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate." (Craiq v. Brown & Root. Inc. (2000) 84 CalApp_4th 416, 420.) "A petition to compel arbitration or stay proceedings pursuant to CCP SS1281_1 and 1281.4 must state, in addition to other required allegations...
2023.03.23 Demurrer to FAC, Motion to Strike 771
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.03.23
Excerpt: ...r 28, 2022, the operative First Amended Complaint ("PAC") was filed. Plaintiff alleges that Defendant GENERAL MOTORS, LLC ("Defendant' or "GM") did not disclose and actively concealed a transmission defect affecting Plaintiffs Chevy Silverado vehicle. (See Complaint "69-76.) Plamtiffs FAC asserts the following causes of action: (1) Violation of Song-Beverly Act (Breach of Express Warranty); (2) Violation of Song-Beverly Act (Breach of Implied War...
2023.03.23 Demurrer 928
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.03.23
Excerpt: ...gen") negligently repaired Plaintiffs 2020 Volkswagen Tiguan. (See Complaint 5541-43.) Plamtiffs Complaint asserts the following causes of action: (1) Violation of Song-Beverly Act (Breach of Express Warranty); (2) Violation of Song-Beverly Act (Breach of Implied Warranty); and (3) Negligent Repair. Defendant generally demurs to the third cause of action. Defendant further argues that the third cause of action is barred by the Economic Loss Rule....
2023.03.22 Petition to Consolidate Arbitrations 391
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.03.22
Excerpt: ...and the court may order consolidation of separate arbitration proceedings when: (1) Separate arbitration agreements or proceedings exist between the same parties; or one party is a party to a separate arbitration agreement or proceeding with a third party; and (2) The disputes arise from the same transactions or series of related transactions; and (3) There is common issue or issues of law or fact creating the possibility of conflicting rulings b...
2023.03.21 Demurrer, Motion to Strike 685
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.03.21
Excerpt: ...s to state facts sufficient to constitute a cause of action and is uncertain Defendant's RJN is granted. Plaintiffs Angie Antunez and Darwin Zabrano allege that on August 18, 2019, Plaintiffs purchased a 2017 Honda Pilot that contained a transmission defect. (Complaint, II 50.) Plaintiffs claims arise from warranty obligations of America Honda. (Complaint, II 5 ) Based thereon, the Complaint asserts causes of action for 1. Violation of Song-Bever...
2023.03.21 Motion to Compel Arbitration and Stay Action 783
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.03.21
Excerpt: ...dant may meet its initial burden to show an agreement to arbitrate by attaching a copy of the arbitration agreement bearing the opposing party's signature. "[A]s a preliminary matter the [trial] court is only required to make a finding of the agreements existence, not an evidentiary determination of its validity. [Citations Omitted (Espejo v. Southern California Permanente Medical Group (2016) 246 Cal App.4th 1047, 105b) Except for specifically e...
2023.03.21 Motion to Compel Arbitration and Stay Action 844
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.03.21
Excerpt: ... for specifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP S 1281 2.) "In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate." (Craio v. Brown & Root. Inc. (2000) 84 CalApp_4th 416, 420.) "A petition to compel arbitration or s...
2023.03.16 Motion to Compel Arbitration 758
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.03.16
Excerpt: ... for specifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP S 1281 "In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate." (Craiq v. Brown & Root. Inc. (2000) 84 CalApp_4th 416, 420.) "A petition to compel arbitration or stay ...
2023.03.16 Motion to Compel Arbitration 631
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.03.16
Excerpt: ...pecifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP S 1281 "In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate." (Craiq v. Brown & Root. Inc. (2000) 84 CalApp_4th 416, 420.) "A petition to compel arbitration or stay procee...
2023.03.16 Motion to Compel Arbitration 628
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.03.16
Excerpt: ...e the controversy exists. (See CCP S 1281 "In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate." (Craiq v. Brown & Root. Inc. (2000) 84 CalApp_4th 416, 420.) "A petition to compel arbitration or stay proceedings pursuant to CCP SS1281_1 and 1281.4 must state, in addition to other required allegations, the provisions of the written agreement and the paragraph that provides...
2023.03.16 Motion to Compel Arbitration 477
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.03.16
Excerpt: ... controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP S 1281 "In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate." (Craiq v. Brown & Root. Inc. (2000) 84 CalApp_4th 416, 420.) "A petition to compel arbitration or stay proceedings pursuant to CCP SS1281_1 and 1281.4 must state, in addition to other required allegations, the...
2023.03.15 Motion to Exclude Expert Testimony 181
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.03.15
Excerpt: ...ert Designation is GRANTED. Moving Party to give Notice. Defendant/Cross-Complainant REDIGER INVESTMENT MORTGAGE FUND (“Rediger”) moves to exclude Plaintiff/Cross-Defendant PETER T. NORWICH's (“Norwich”) Supplemental Designation of Non-Retained Expert Witnesses at trial: (1) Jane Mak; (2) Sergeant Jaqueline Luna; (3) Deputy C. Derry; (4) E. Sanchez; and (5) Sergeant S. Reyes (collectively “Supplemental Experts”). “After the setting ...
2023.03.14 Motion to Compel Compliance with Subpoena or to Compel Execution of Authorization 946
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.03.14
Excerpt: ...Second Alleged Causes of Action without leave to amend. As to the Third Cause of Action, the Court will consider one final attempt to amend as discussed below. The Court strongly encourages the parties and especially counsel to consider a refund- based settlement before engaging in another round of pleading motions. The Court is mindful that depositions are scheduled to occur the day after this hearing and the Court is NOT inclined to consider fu...
2023.03.07 Demurrer 456
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.03.07
Excerpt: ...operative First Amended Complaint (“FAC”) alleges that in 2020, Plaintiff's neighbor Joseph Nayebei aka Joseph Nayebi, trespassed onto Plaintiff's property, installed cameras and peered into Plaintiff's bedrooms and bathrooms, and refused Plaintiff's verbal and written requests that he cease and desist from this conduct. (FAC, ¶ 7.) Plaintiff obtained a TRO, but Nayebei ignored the TRO. (Id.) Nayebi constructed improvements that crossed the ...
2023.03.02 Motion for Summary Judgment 446
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.03.02
Excerpt: ...A, a minor, became a patient of defendants and each of them on or about October 11, 2020, when he was taken to the emergency room at PIH HEALTH HOSPITAL WHITTER, twice-at 0207 hours and again at 0818 hours, for severe abdominal pain and vomiting.” (Complaint ¶10.) “The defendants and each of them were negligent, careless and unskillful in their diagnosis, care and treatment of plaintiff…. That negligence, carelessness and unskillfulness wa...
2023.03.02 Demurrer, Motion to Strike 501
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.03.02
Excerpt: ...pposing Party to give Notice. Plaintiff/Cross-Defendant JENIIFER GUTIERREZ's Request for Judicial Notice is GRANTED. (Cal. Ev. Code §452.) This is a contract action filed by Plaintiff JENNIFER GUTIERREZ (“Gutierrez”) against Defendant HANY NEKOLA (“Nekola”). Gutierrez employed Nekola to perform construction and improvement to her home in December 2020. Nekola represented that he possessed a general contractor's license in another state, ...
2023.03.02 Demurrer, Motion to Strike 078
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.03.02
Excerpt: ...nd U.S. BANK, NA's Motion to Strike Portions of Plaintiffs' First Amended Complaint is MOOT. Moving Parties to give Notice. Defendants SELECT PORTFOLIO SERVICING, INC. and U.S. BANK, NA's Request for Judicial Notices is GRANTED. (Cal. Ev. Code §452.) This action for quiet title was filed on January 31, 2022. The operative First Amended Complaint (“FAC”) asserts the following causes of action: (1) Wrongful Foreclosure; (2) Cancellation of Ins...
2023.03.01 Application for Writ of Possession 181
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.03.01
Excerpt: ... the hearing, the defendant shall be served with all of the following: (a) a copy of the summons and complaint; (b) A Notice of Application and Hearing; and (c) a copy of the application and any affidavit in support thereof. (CCP §512.030.) The proof of service filed on February 16, 2023 shows that Defendant was served with all necessary documents. Merits Upon the filing of the complaint or at any time thereafter, the plaintiff may apply for a w...
2023.02.28 Motion to Compel Arbitration and Stay Action 652
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.02.28
Excerpt: ...CP § 1281.2. Defendant's Request for Judicial Notice is GRANTED. (Cal. Ev. Code § 452.) Objections to the Declaration of Jacqueline Lee are OVERRULED. Defendant may meet its initial burden to show an agreement to arbitrate by attaching a copy of the arbitration agreement bearing the opposing party's signature. “[A]s a preliminary matter the [trial] court is only required to make a finding of the agreement's existence, not an evidentiary deter...
2023.02.28 Demurrer 827
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.02.28
Excerpt: ...and are uncertain. Plaintiff Royal Paper Corp.'s Complaint alleges that Defendant Tim Morgan is the owner and founder of Defendant International Sourcing Group. Defendants were the agents and alter egos of the other Defendants. (Complaint, ¶ 6.) On June 1, 2020, Plaintiff prepared a written agreement, titled Purchase Order 9150562 for gloves. (Id., ¶ 13.) Plaintiff discovered in August, 2021 that its payments were “stuck in China.” (Id., ¶...
2023.02.23 Demurrer 398
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.02.23
Excerpt: ... Complaint (“FAC”) was filed. The FAC alleges, in pertinent part that, “[u]p through the middle of 1995, Edward and Delfina Garcia and Michael Sanchez were the owners of the residential real property commonly known as 5021 Harbor Street, Commerce, California (the ‘5021 Property'). In the middle of 1995, Defendant Richard Sanchez went to the Garcias and Plaintiff to borrow a loan against the 5021 Property to take cash out to assist Richard...
2023.02.23 Demurrer 380
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.02.23
Excerpt: ...ebruary 3, 2020 to reconfirm Telephone Conversation between Joo Hwan Kim and Jong H. Choi; and (2) Invoice of transaction of January 2020 ($19,500.00) issued by Joo Hwan Kim individually upon agreement and directly shipped to Jong H. Choi. These documents are not judicially noticeable. (See Cal. Ev. Code §452.) Plaintiff's Request for Judicial Notice is GRANTED as to the Business Search of Sekero International, Inc. (Cal. Ev. Code §452.) This a...
2023.02.23 Motion to Quash Service of Summons and Complaint 108
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.02.23
Excerpt: ...hat Defendant KARLA GABRIELA TIRADO RIVERA (“Tirado”) is an individual doing business in the City of Bell, in the State of California. (FAC ¶2.) Plaintiff alleges that “[o]n or about 2010, Defendant Tirado approached Plaintiff and told him that she was the owner of the rights to two transportation routes in Mexico in which she operated mini-buses that transported individuals who paid fares. Defendant Tirado explained that she was the exclu...
2023.02.21 Motion to Compel Arbitration and Stay Action 831
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.02.21
Excerpt: ...RANTED. (Cal. Ev. Code §452.) Objections to the Declaration of Jacqueline Lee are OVERRULED. Defendant may meet its initial burden to show an agreement to arbitrate by attaching a copy of the arbitration agreement bearing the opposing party's signature. “[A]s a preliminary matter the [trial] court is only required to make a finding of the agreement's existence, not an evidentiary determination of its validity. [Citations Omitted.]” (Espejo v...
2023.02.21 Motion to Compel Arbitration and Stay Action 632
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.02.21
Excerpt: ... (Cal. Ev. Code §452.) Objections to the Declaration of Ryan Marden are OVERRULED. Defendant may meet its initial burden to show an agreement to arbitrate by attaching a copy of the arbitration agreement bearing the opposing party's signature. “[A]s a preliminary matter the [trial] court is only required to make a finding of the agreement's existence, not an evidentiary determination of its validity. [Citations Omitted.]” (Espejo v. Southern...
2023.02.21 Demurrer, Motion to Strike 745
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.02.21
Excerpt: ... Honda Motor Co., Inc. (“Honda”) demurs to the 3 rd cause of action on the ground that it fails to state facts sufficient to constitute a cause of action, and is barred by the Economic Loss Rule. Plaintiff's RJN is granted. Plaintiff Rocio Perez alleges that on October 12, 2019, Plaintiff purchased a 2019 Honda Accord, which contained express and implied warranties made by Defendant. (Complaint, ¶ 7.) The vehicle contained a defective comput...
2023.02.21 Demurrer 753
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.02.21
Excerpt: ...ion. Moving Parties to give NOTICE. Defendants Fay Servicing, LLC and US Bank National Association demur to the 1st – 10thc causes of action on the ground that they fail to state facts sufficient to constitute causes of action. This is a wrongful foreclosure action filed by Plaintiffs Rigoberto and Yaneth Vallodolid. Plaintiffs allege that they obtained a mortage loan on March 19, 2008. (Complaint, ¶ 10.) On April 11, 2022, a Notice of Default...
2023.02.15 Motion to Compel Arbitration 701
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.02.15
Excerpt: ...nt to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate.” (Craig v. Brown & Root, Inc. (2000) 84 Cal.App.4th 416, 420.) “A petition to compel arbitration or stay proceedings pursuant to CCP §§1281.1 and 1281.4 must state, in addition to o...
2023.02.09 Motion for Judgment on the Pleadings 487
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.02.09
Excerpt: ... The relevant facts, as alleged, are as follows: “Plaintiff… because [sic] fee simple owner of the subject property located at 201 Reposado Drive, La Habra Heights, CA 90631 (‘Subject Property') by virtue of the grant deed recorded 9/21/21 bearing instrument number 20211438000…. Subsequently thereto, she agreed to rent the property to [Defendant], whereby [Defendant] agreed to make the monthly mortgage payments and to purchase the subject...
2023.02.07 Demurrer, Motion to Strike 865
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.02.07
Excerpt: ...th 10 days leave to amend as to the 4 th – 5th and 7 th ‐ 8 th causes of action against the remaining Defendants, and as to 6 th, 9 th, and 12 th causes of action against all Defendants. The demurrer is OVERRULED as to the 4 th cause of action against the remaining Defendants. II. Defendants M. Patel, Gavini, R. Patel, Lee, and PGP Consulting, LLC's motion to strike is MOOT. Moving Parties to give NOTICE. I. Demurrer Defendants M. Patel, Gavi...
2023.01.31 Motion to Quash Service of Summons 174
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.01.31
Excerpt: ... of lack of personal jurisdiction pursuant to CCP § 418.10. A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion to quash service of summons on the ground of lack of jurisdiction of the court over him or her. (CCP § 418.10(a)(1).) When a nonresident defendant challenges personal jurisdiction the burden shifts to the plaintiff ...
2023.01.26 Demurrer, Motion to Strike FAC 337
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.01.26
Excerpt: ... Moving Party to give notice. Defendant's Request for Judicial Notice is GRANTED. (Cal. Ev. Code §452.) This action was filed by Plaintiff EXPEDITION INDUSTRIES, INC. on May 3, 2022. On September 12, 2022, the operative First Amended Complaint (“FAC”) was filed. The FAC alleges the following relevant facts: “Defendants sent a letter dated October 15, 2020 addressed to Plaintiff, but mailed this letter to Plaintiff's tenant located at 14561...
2023.01.26 Motion to Dismiss or Stay Action for Inconvenient Forum 829
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.01.26
Excerpt: ...Indiana under the forum selection clause contained in the Forest River Limited Motorized Warranty, which accompanied the Forest River vehicle purchased by Plaintiff. Defendant maintains that Plaintiff signed a document entitled “Forest River, Inc. Customer Delivery and Warranty Registration Form” wherein he confirmed the following: “I have had the opportunity to review THE FOREST RIVER, INC. LIMITED WARRANTY….” (Evans Decl., Ex. B.) Con...
2023.01.26 Motion for Attorney Fees 470
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.01.26
Excerpt: ...vailing party in any action on a contract where the contract specifically provides that attorney's fees and costs shall be awarded to the prevailing party. Here, it is undisputed that Judgment was entered in favor of Defendant on March 9, 2022, and it is undisputed that there is an agreement between the parties establishing Defendant's entitlement to attorney's fees as the prevailing party pursuant to Cal. Civ. Code §1717. When assessing the amo...
2023.01.25 Motion for Trial Continuance 027
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.01.25
Excerpt: ... Defendants/Cross-Complainants VICTOR M. JIMENEZ and JULIETA M. ROMERO (collectively “Defendants”) filed a Cross-Complaint seeking quiet title. Plaintiffs move for an order to continue trial and all corresponding pre-trial deadlines for six months. Trial is currently set for March 22, 2023. Plaintiffs argue that a sixth month continuance is necessary due to the substitution of new counsel for Plaintiffs on or about December 1, 2022; to permit...
2023.01.24 Motion for Summary Adjudication 224
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.01.24
Excerpt: ...��)'s Cross-Complaint pursuant to CCP § 437c. OBJECTIONS Bay Cities' Objections 1-10 are overruled. AP Express/World Pack's Objection Nos. 1-4 to Donahue Declaration are overruled. Objection Nos. 1-3 to Kirkpatrick Declaration are overruled. Objection Nos. 1-4 to Crosby Declaration are overruled. Objections to Mysliwiec's Declaration is sustained as to Nos. 1 and 3-4, and overruled as to No. 2. Complaint Bay Cities' operative First Amended Cross...
2023.01.24 Motion for Leave to File Amended Compalint, Demurrer, Motion to Strike 008
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.01.24
Excerpt: ...ERED to file and serve its Answer within 10 days. Plaintiffs to give NOTICE. I. Leave to Amend Plaintiffs Kelterite Corporation (“Kelterite”) and Sialic Contractors Corporation dba Shawnan move for leave to approve the already-filed Sixth Amended Complaint (“6AC”) or for leave to file a Seventh Amended Complaint (“7AC”) pursuant to CCP § 473. “A court may, in furtherance of justice, and on such terms as may be proper, allow a party...
2023.01.23 Motion to Dismiss Complaint for Failure to Appoint Successor-in-Interest 876
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.01.23
Excerpt: ...ary 19, 2023. Due by January 9, 2023. (CCP §1005(b).) Plaintiff filed this breach of warranty action on November 14, 2019, and then passed away on June 19, 2020. (McClendon Decl., Exs. B-C.) Since Plaintiff's death, Plaintiff's Counsel has made a number of appearances, and has made representations to this Court that he would try to locate a personal representative or successor-in-interest to prosecute Plaintiff's case. A Mandatory Settlement Con...
2023.01.19 Motion to Compel Arbitration, Demurrer, Motion to Strike 633
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.01.19
Excerpt: ... III. Defendant AMERICAN FIRST CREDIT UNION's Motion to Strike Portions of Plaintiff's First Amended Complaint is OFF‐CALENDAR. Plaintiff to give notice. No Reply filed as of January 18, 2023. The Purchase Agreement containing the subject Arbitration Clause was executed by Plaintiff and Defendant Pro X Motors, Inc., and states: “Any claim or dispute, whether in contract, tort, statute or otherwise… between you and us or our employees, agent...
2023.01.12 Motion to Stay Civil Action Pending Resolution of Criminal Proceedings 424
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.01.12
Excerpt: ...ing Party to give notice. Pursuant to CCP §128(a)(3), every court has the power to provide for the orderly conduct of proceedings, including the power to stay discovery in a civil action pending outcome of a related criminal case. “Courts recognize the dilemma faced by a Defendant who must choose between defending the civil litigation by providing testimony that may be incriminating on the one hand, and losing the case by asserting the constit...
2023.01.12 Motion to Disqualify Counsel 508
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.01.12
Excerpt: ...stantially related” nature of Mr. Honey's prior representation viz-a-viz the currently pending litigation as of the time this motion was filed. However, the subsequent development of Wu's cross-complaint triggers a fresh set of obligations, which the Court in its discretion finds can be effectively managed to ensure the integrity of the bar and preservation of the public trust by adopting Mr. Honey's offer in his declaration to wall himself off...
2023.01.12 FAP for Relief from Government Code 792
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.01.12
Excerpt: ...ff is in pro per. Defendant CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION (“Defendant”) specially appears and opposes the Petition. As a prerequisite to filing a claim against a public entity, a plaintiff must substantially comply with the California Tort Claims Statute. No suit for money or damages may be brought against a public entity on a cause of action for which a claim is required to be presented until a written claim has bee...
2023.01.12 Demurrer to FAC 341
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.01.12
Excerpt: ...UEL HERNANDEZ, JR. (“JMH”) was attending a Whittier Girls Softball League event to deliver some athletic apparel for the team. Plaintiffs allege that, at the event, “JMH was approached by TONY AVILA [Avila] in a belligerent manner…. As the manner of AVILA continued to escalate, JMH yelled for the League President MOSES GALICIA [Galicia] to intervene. He arrived and placed himself in between AVILA and JMH. AVILA was able to initiate physic...
2023.01.10 Motion for Determination of Good Faith Settlement 294
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.01.10
Excerpt: ...way without permission and without warning signs to the public. On April 9, 2017, Decedent Rodney Myers, Sr. rode his motorcycle straight into the dirt, causing his death. Based thereon, the FAC asserts causes of action for: 1. Negligence (v. Walsh Shea) 2. Negligence (v. HNTB) 3. Negligence (v. J.F. Shea Construction, Inc.) 4. Negligence (v. Comstock Company (ARUP)) 5. Premises Liability v. (City of Compton). Defendant City of Compton (hereinaft...
2023.01.10 Motion to Compel Arbitration 691
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.01.10
Excerpt: ...complaint against Defendants CitiStaff Solutions Inc., Camino Real Foods, Inc., and John Doe (collectively “Defendants”) for eighteen causes of action. Plaintiff filed her complaint against her employer, Defendant CitiStaff Solutions Inc. (“CitiStaff”), and its customer, Camino Real Foods, Inc. d/b/a Camino Real Kitchen (“CRK”), for alleged acts of a CitiStaff employee outside the scope of his employment. On September 14, 2022, Defend...
2023.01.04 Motion to Compel Arbitration 115
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2023.01.04
Excerpt: ...arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate.” (Craig v. Brown & Root, Inc. (2000) 84 Cal.App.4th 416, 420.) “A petition to compel arbitration or stay proceedings pursuant to CCP §§1281.1 and 1281.4 must state, in addition to other r...
2022.12.27 Motion to Compel Binding Arbitration 716
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.12.27
Excerpt: ...st order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP § 1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate.” (Craig v. Brown & Root, Inc. (2000) 84 Cal.App.4th 416, 420.) “A petition to compel arbitration or stay proceedings pursuant to CCP §§ 1281.1 a...
2022.12.27 Demurrer 609
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.12.27
Excerpt: ...the 1 st – 4th causes of action on the grounds that they fail to state facts sufficient to constitute a cause of action and are uncertain. Plaintiff Richard Goepel's Complaint, filed on July 19, 2022, alleges that he is a member of the Bellflower Village Homeowners Association (“BVHA”) and the owner of Unit 29 since August 1988. (Complaint, ¶ 4.) Plaintiff was elected Secretary of the BVHA from July 1989 – June 1999. (Id., ¶ 22.) “In ...
2022.12.22 Demurrer to TAC, Motion to Strike 671
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.12.22
Excerpt: ...AVID LEE's Motion to Strike Portions of Plaintiff's Third Amended Complaint is DENIED in part and GRANTED with 15 days leave to amend in part. Moving Party to give Notice. This breach of contract action was filed by Plaintiff ACCENTIAN, INC. (“Plaintiff”) on October 8, 2021. On October 13, 2022, the operative Third Amended Complaint (“TAC”) was filed. The TAC alleges the following relevant facts: “Plaintiff is a licensed cannabis manufa...
2022.12.21 Motion to Strike Supplemental Expert Witness Lists 294
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.12.21
Excerpt: ...ever, “[a]ny party who engaged in the exchange may submit a supplemental expert witness list containing the name and address of any experts who will express an opinion on a subject to be covered by an expert designated by an adverse party to the exchange, if the party supplementing an expert witness list has not previously retained an expert to testify on that subject.” (CCP §2034.280.) A supplemental designation may include experts who will...
2022.12.20 Motion to File SAC, for Monetary Sanctions and Evidence Sanctions 294
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.12.20
Excerpt: ...o file a Second Amended Complaint (“SAC”) pursuant to CCP § 473. “A court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleadings.” (CCP § 473(a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the courts discretion will usually be exercised liberally to permit amendments of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3...
2022.12.20 Motion for Summary Judgment 433
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.12.20
Excerpt: ...Defendant's facility did not have designated parking spaces for persons with disabilities that complied with the 2010 ADA Accessibility Guidelines (“ADAAG”). (Complaint, ¶ 12.) Plaintiff relies upon mobility devices to ambulate. The facility had barriers that include: “a. an accessible parking area whose slope exceeds ADAAG specifications (Section 502.4); and, b. accessible parking spaces not dispersed evenly throughout the Property (Secti...
2022.12.20 Demurrer 561
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.12.20
Excerpt: ... the 1 st – 4 th causes of action on the grounds that the court lacks subject matter jurisdiction and the doctrine of primary jurisdiction. The Complaint alleges that Plaintiff's Assignor, State Compensation Insurance Fund (“SCIF”), is owed a debt of $126,614.14, $32,374.77, and $241,582.44 on three workers compensation insurance policies that SCIF provided to Defendants QOL Services, Inc. and Inclusive Employment Services. Based thereon, t...
2022.12.15 Demurrer to FAC 165
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.12.15
Excerpt: ...ce. On March 19, 2021, Plaintiff ALTAMED HEALTH SERVICES CORPORATION (“Altamed”) filed the instant unlimited civil breach of lease action against Defendant DILLER SOUTHERN PARTNERSHIP (“Diller”) (“civil action”) (Case No. 21NWCV00165). On June 1, 2021, Plaintiff Diller filed the related Unlawful Detainer action (“UD action”) (Case No. 21NWCV00348). A Judgment was issued on December 21, 2021. However, the matter remains pending on ...
2022.12.15 Demurrer to TAC 087
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.12.15
Excerpt: ...eges, in pertinent part, “Plaintiff and Defendants were former joint owners of a business named American K & K, Inc. On or about April 20, 2014, Plaintiff and Defendants agreed to part ways and memorialized their intention in a written Stock Buyout Agreement. In exchange for the return of all of Plaintiff's shares in American K & K, Inc., Defendants, in their individual capacities, agreed to pay the $220,000.00 to Plaintiff.” (TAC ¶11.) “P...
2022.12.15 Motion for Attorney Fees 660
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.12.15
Excerpt: ...lemon law action was filed on August 16, 2. The parties exchanged discovery. Plaintiff's deposition, an inspection of the Subject Vehicle, and depositions of Defendant's PMQ and dealership personnel occurred. Expert discovery and Motions in Limine were exchanged. A Notice of Settlement was filed on March 1, 2022. Cal. Civ. Code §1794(d) states, “[i]f the buyer prevails in an action under [the Song Beverly Act], the buyer shall be allowed by th...
2022.12.15 Motion for Summary Judgment, Adjudication 742
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.12.15
Excerpt: ...he untimely Opposition filed on December 5, 2022. Oppositions were to be filed and served by no later than December 1, 2022. (CCP §437c(b)(2).) This breach of contract was filed by Plaintiff MODESTO AVILA (“Plaintiff”) on November 9, 2021. Plaintiff's Complaint alleges the following relevant facts: “The real property which is the subject of this action (the ‘Subject Property') is a single-family, owner-occupied/primary residence house lo...
2022.12.15 Motion to Compel Arbitration 659
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.12.15
Excerpt: ...trate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate.” (Craig v. Brown & Root, Inc. (2000) 84 Cal.App.4th 416, 420.) “A petition to compel arbitration or stay proceedings pursuant to CCP §§1281.1 and 1281.4 must state, in addition to other required allegations, the provisions of the written agreement and the paragr...
2022.12.14 Motion to Stay and Transfer 524
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.12.14
Excerpt: ...ive NOTICE. Specially Appearing Cross-Defendants Bridge HRO, LLC, and Hanson, and Haines (collectively, “Bridge, et al.”) moves for a stay and transfer of the Cross- Complaint based on the doctrine of forum nonconveniens pursuant to CCP § 410.30. This action for breach of contract was filed on June 26, 2019. Plaintiff Diamond PEO, LLC alleges that Plaintiff provided human resources services to Defendant Dependable Personnel Inc. (“Dependab...
2022.12.14 Motion for Preliminary Injunction 369
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.12.14
Excerpt: ...roperty. In deciding whether to issue a preliminary injunction, a trial court weighs two interrelated factors: the likelihood the moving party ultimately will prevail on the merits, and the relative interim harm to the parties from the issuance or nonissuance of the injunction. A trial court may not grant a preliminary injunction, regardless of the balance of interim harm, unless there is some possibility that the plaintiff would ultimately preva...
2022.12.13 Motion for Summary Adjudication 304
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.12.13
Excerpt: ...t with ServPro Representatives regarding the operations of Plaintiff's ServPro franchise. (TAC, ¶ 16.) Defendants Nodbeh Enterprises, Inc. and Nodbeh employee, Matthew Wilson, steered Plaintiff into a transaction with the Ramos family. (Id., ¶¶ 11-12, 17.) Defendants indicated that Jose Ramos wanted to purchase Plaintiff's franchise. (Id., ¶ 17.) ServPro further advised Plaintiff not to pursue any other offers or interested buyers because the...
2022.12.08 Motion to Compel Further Responses 474
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.12.08
Excerpt: ...her Responses to Request for Production of Documents (set three) is GRANTED. IV. Defendant RONALD CRUZ ABARO DDS, INC.'s Motion to Compel Further Responses to Special Interrogatories (set four) is GRANTED. Moving Party to give Notice. The Court notes that there is an issue as to whether supplemental/initial verifications have ever been served. Plaintiff's Counsel indicates that verifications were served. Defendants' Counsel indicates that some, b...
2022.12.08 Motion to Compel Arbitration and Stay Action 803
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.12.08
Excerpt: ...tion. Defendant FCA US, LLC to give Notice. Except for specifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate.” (Craig v. Brown & Root, Inc. (2000) 84 Cal.Ap...
2022.12.07 Application for Writ of Possession 915
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.12.07
Excerpt: ... served with all of the following: (a) a copy of the summons and complaint; (b) A Notice of Application and Hearing; and (c) a copy of the application and any affidavit in support thereof. (CCP §512.030.) The proofs of service filed on October 24, 2022 shows that Defendants were served. Merits Upon the filing of the complaint or at any time thereafter, the plaintiff may apply for a writ of possession. (CCP §512.010(a).) The application shall in...
2022.12.06 Motion to Oppose Application for Determination of Good Faith Settlement 604
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.12.06
Excerpt: ...issker Power, Inc. moves to challenge Defendant Serrano's application for good faith determination pursuant to CCP § 877.6. This is a consolidated action involving three actions: 1) Carina Solares v. Lexie Granados, et al. (Case No. 21STCV4604 – LEAD case); 2) Adriana Serrano v. Lexie Granados, et al. (Case No. 21STCV39337); and 3) Lexie Granados v. Adriana Serrano (Case No. 21STCV14685). The operative Second Amended Complaint (“SAC”) alle...
2022.12.06 Demurrer, Motion to Strike 475
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.12.06
Excerpt: ... rd – 5 th causes of action on the grounds that they fail to state facts sufficient to constitute a cause of action, and are uncertain. The operative Second Amended Complaint (“SAC”) alleges that in July 2017, “Plaintiff began to provide loan origination services to Defendant. Then, on or about October 2018, Plaintiff and Defendants entered into an oral agreement whereby Defendants promised to pay Plaintiff a fee for loan services for eac...
2022.12.01 Demurrer, Motion to Strike 817
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.12.01
Excerpt: ...8, 2021. On August 30, 2022, the operative First Amended Complaint (“FAC”) was filed. The FAC alleges the following relevant facts: “On or around September 8, 2020, Plaintiff and Defendants entered into an oral contract in which Plaintiff agreed to purchase from Defendants, and Defendants agreed to sell to Plaintiff, fifty thousand (50,000) Masks for the aggregate purchase price of Two Hundred and Five Thousand Dollars ($205,000.00).” (FA...
2022.12.01 Demurrer, Motion to Strike 645
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.12.01
Excerpt: ...fendants JOSEPH SHABANI; KAMYAR D. SHABANI; MERCURY BOWL, LLC; GREEN RIVERA, LLC; and PICO RIVERA HODLINGS LVT, LLC's Motion to Strike Portions of Plaintiff's Complaint is rendered MOOT. Moving Party to give Notice. Defendants' Request for Judicial Notice is GRANTED. (Cal. Ev. Code §452.) This action was filed on July 7, 2022. Plaintiff's Complaint alleges that “on or about August 4, 2020… Defendants demolished the building on the Property.�...
2022.11.30 Application for Writ of Possession 393
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.11.30
Excerpt: ...nt; (b) A Notice of Application and Hearing; and (c) a copy of the application and any affidavit in support thereof. (CCP 512.030.) The court is not in receipt of Plaintiff's proof of service showing that Defendant was served with a copy of the summons and complaint. Accordingly, the application is DENIED without prejudice. Merits If the proof of service is filed on or before the hearing, the following analysis applies: Upon the filing of the com...
2022.11.30 Motion for Preliminary Injunction 369
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.11.30
Excerpt: ...hether to issue a preliminary injunction, a trial court weighs two interrelated factors: the likelihood the moving party ultimately will prevail on the merits, and the relative interim harm to the parties from the issuance or nonissuance of the injunction. A trial court may not grant a preliminary injunction, regardless of the balance of interim harm, unless there is some possibility that the plaintiff would ultimately prevail on the merits of th...
2022.11.30 Motion to File Unredacted Declaration Under Court Seal in Support of Motion to Enforce Settlement 447
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.11.30
Excerpt: ...the motion to enforce settlement pursuant to CRC §§ 2.550 and 2.551. Unless confidentiality is required by law, court records are presumed to be open to the public. (CRC § 2.550(c).) Therefore, pleadings, motions, discovery documents, and other papers may not be filed under seal merely by stipulation of the parties. A prior court order must be obtained. (CRC § 2.551(a); see H.B. Fuller Co. v. Doe (2007) 151 CA4th 879, 888.) At a minimum, a pa...
2022.11.29 Demurrer, Motion to Strike 995
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.11.29
Excerpt: ...und that they fail to state facts sufficient to constitute a cause of action. The Complaint alleges that Decedent Maude Fox is a victim of elder abuse, and died on June 21, 2020. (Complaint, ¶¶ 1-2.) Plaintiff Desiree Fox is Decedent's surviving child of Decedent. (Id., ¶ 6.) “In or around June of 2020, it was reported that approximately 25 cases of COVID-19 have been confirmed at Defendants' facility… [and its] employees began to fail to ...
2022.11.29 Demurrer, Motion to Strike 838
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.11.29
Excerpt: ...o., Inc. (“Honda”) demurs to the 3 rd cause of action on the ground that it fails to state facts sufficient to constitute a cause of action, is barred by the Economic Loss Rule, and is uncertain. Plaintiffs Hugo Gonzalez and Diana Aleman allege that on December 23, 2021, Plaintiffs purchased a 2022 Honda Civic, which had a defective “Honda Sensing” system. (Complaint, ¶¶ 8, 11-14, 79.) After Plaintiff took possession of the vehicle, and...
2022.11.29 Demurrer 532
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.11.29
Excerpt: ...n on the ground that they fail to state facts sufficient to constitute a cause of action. Plaintiff TM alleges that Plaintiff was a student at Walter Dexter Middle School when she was sexually abused and assaulted by her 8 th grade math teacher, Jason Krueger. (Complaint, ¶¶ 3, 5, 31.) Defendant Whittier City School District had notice, but failed to protect Plaintiff. (Id., ¶¶ 33, 36, 53.) Based thereon, the Complaint asserts causes of actio...
2022.11.17 Motion for Summary Judgment 179
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.11.17
Excerpt: ...Motion is DENIED as to the Fourth Cause of Action. Moving party to give notice This action was filed on October 5, 2020. Plaintiff Dornetta Napier (“Plaintiff”), a security guard employed by Superior Protection Services CA, Inc. (“SPS”), brought this action against Camino Real Foods (“Camino”) when she was working on Camino's property and a gate fell on her. Plaintiff alleged causes of action for premises liability and general neglige...
2022.11.15 Motion to Compel Arbitration 704
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.11.15
Excerpt: ... compel arbitration pursuant to CCP § 1281.2. A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract. (CCP § 1281.) The court must grant the petition to compel arbitration unless it finds either: no written agreement to arbitrate exists; the right to compel arbitration has been waived; groun...
2022.11.15 Motion for Summary Adjudication, for Summary Judgment 448
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.11.15
Excerpt: ...-14. Plaintiffs' Objections to Lanphere's declaration are sustained as to Nos. 2, and 8- 9 and overruled as to Nos. 1, 3-7, and 10-13. Defendants' Objections to Ismael's declaration are overruled as to Nos. 1-13. Defendants' Objections to Jose's declaration are overruled as to Nos. 1-11. Defendants' Objections to Lucia's declaration are overruled as to Nos. 1-11. Defendants' Objections to Oscar's declaration are overruled as to Nos. 1-11. Defenda...
2022.11.10 Demurrer 743
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.11.10
Excerpt: ...me of Tura Renee Faria (hereafter ‘FARIA') visited the premises of Defendants SNUG HARBOR… while in an obviously and observable intoxicated state. FARIA visited said premises to continue consuming alcoholic beverages and to retrieve her car keys. FARIA's car keys had previously been taken away from her and held by the Defendants, SNUG HARBOR… due to her level of intoxication on a separate date and said Defendants' voluntary decision to rend...
2022.11.08 Motion to Bifurcate or Trifurcate or Sever 011
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.11.08
Excerpt: ...ecurity guards at the property where the accident took place, were injured when their motor vehicle struck an unseen concrete light pole base in the construction zone while they were patrolling the area. The concrete light pole base was constructed by co-defendant Command Performance Constructors, Inc., which had been been hired by co-defendant general contractor Lyle Parks. Procedural Background On December 7, 2016, Simeta filed a complaint alle...
2022.11.08 Motion for Summary Judgment 028
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.11.08
Excerpt: ...tion: (1) Gender Discrimination; (2) Race Discrimination; (3) Discrimination based on Sexual Orientation; (4) Discrimination based on Religion; (5) Failure to Prevent Discrimination; (6) Harassment; and (7) Retaliation. The facts, as alleged, are as follows: Plaintiff began her employment with Defendant on or about February 27, 2017 as a school assistant security employee. (SAC ¶ 7.) Plaintiff is a Korean-American woman who is a Christian as wel...
2022.11.03 Demurrer to SAC, Motion to Strike 133
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.11.03
Excerpt: ...R EAST, LLC; and ALL-WAYS FORWARDING INTERNATIONAL, INC.'s Motion to Strike Portions of Plaintiff's Second Amended Complaint is MOOT in part and DENIED in part. Opposing Party to give Notice. Defendants' Request for Judicial Notice is GRANTED. This action was filed by Plaintiff SAADIA SQUARE LLC (“Plaintiff”) on March 5, 2021. On September 22, 2022, the operative Second Amended Complaint (“SAC”) was filed. The SAC alleges the following re...
2022.11.03 Motion for Summary Adjudication 544
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.11.03
Excerpt: ... pertinent part: “This dispute concerns significant economic harm incurred by [Plaintiff] as a result of Defendant ALLWIRE, INC.'s (‘Defendant or ‘AllWire') faulty manufacturing of AllWire cable, and subsequent failure to TIMELY notify [Plaintiff] of the non-conformance which necessitated pulling and replacing all AllWire cable on four active projects undertaken by Rising Edge for Southern California Edison.” (FAC ¶1.) “On or about Oct...
2022.11.03 Motion to Compel Arbitration 176
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.11.03
Excerpt: ...ered on March 8, 2022 while awaiting the U.S. Supreme Court's decision in Viking River Cruises, Inc. v. Moriana is hereby LIFTED. Plaintiffs STEVE MATTA (“Matta”) and JOHANA MAZ GODINEZ (“Godinez”) (collectively “Plaintiffs') were employed by Defendant TITLEMAX OF CALIFORNIA, INC. (“TitleMax”). Godinez filed her Second Amended Complaint (“SAC”) on July 15, 2022. Matta filed his First Amended Complaint (“FAC”) on May 2, 2019....
2022.11.01 Demurrer, Motion to Strike 083
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.11.01
Excerpt: ...nt to constitute a cause of action. The operative Fifth Amended Complaint (“5AC”) alleges that Defendant Onward Engineering is an agent of Defendant City of Santa Fe Springs. Defendant Daniel Reyes is an employee of Onward Engineering. Reyes, on behalf of himself and while acting in the course and scope of his employment with Onward Engineering as a project manager and agent for the city, wrongfully interfered with Plaintiff Kelterite Corpora...
2022.11.01 Demurrer 412
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.11.01
Excerpt: ...The Complaint alleges that in early 2021, Defendant published bid documents as part of a solicitation of bids for a public works projects identified as “Electric Switchboard Replacement at Plant No. 3.” (Complaint, ¶ 6.) Plaintiff GA Technical Services Inc. (“GATS”) was the lowest responsible and responsive bidder on the Project, and entered into a written contract with Defendants for the Project for $412,800.00. (Id., ¶ 8.) GATS began ...
2022.11.01 Demurrer 330
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.11.01
Excerpt: ...state facts sufficient to constitute a cause of action and is uncertain. The operative First Amended Complaint (“FAC”) alleges that on September 16, 202, Decedent Edit Martinez de Molina was admitted to Defendant's hospital for a knee replacement procedure. (FAC, ¶ 12.) On September 18, 2020, at 10:35 a.m. and 2:25 p.m., Decedent attempted to leave the bed without nursing assistance. (Id., ¶¶ 18, 21.) On September 18, 2020, at 4:55 p.m., D...
2022.10.27 Motion to Strike First Cause of Action for Malicious Prosecution 255
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.10.27
Excerpt: ... breach of contract action was filed by Plaintiff/Cross-Defendant WEST CENTRAL PRODUCE, INC. (“WCP”) on April 27, 2021. The operative Second Amended Complaint (“SAC”) alleges that Defendant/Cross-Complainant TERRY HELLER (“Heller”) signed a personal guaranty and is personally liable for the debts of his company, CLEVER CHKN 91403, LLC (“CCL”). (SAC ¶¶26-27.) The SAC asserts the following causes of action: (1) Breach of Contract;...
2022.10.25 Motion to Dismiss 512
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.10.25
Excerpt: ...the instant action on August 9, 2021, alleging a debt owed by Defendant Avetisian in the sum of $27,971.91. The Complaint asserts causes of action for: 1. Open Book Account 2. Account Stated On November 15, 2021, default judgment was entered in favor of Plaintiff and against Defendant. On August 4, 2022, the court granted Defendant's motion to set aside default and default judgment. Initially, the court notes that Defendant's reliance on the Fede...
2022.10.25 Demurrer, Motion to Strike 036
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.10.25
Excerpt: ... Los Angeles demurs to all causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. The operative First Amended Complaint (“FAC”) alleges that Plaintiff Luis Enrique Hernandez is a low-income homeowner who has an $88,000 tax assessment on his property for an accessory dwelling unit (ADU) that was never even started. (FAC, ¶ 1.) “The assessment on Plaintiff's property is the result of Los Ange...
2022.10.20 Motion for Summary Judgment 446
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.10.20
Excerpt: ...osition to Defendant Kangavari's MSJ are STRICKEN. On June 10, 2022, this Court issued an Order indicating that Plaintiff would have leave to file a Sur-Reply if any deposition testimony from Plaintiff's opposing expert (Srinivasa) is presented in Reply. On August 12, 2022, Plaintiff filed a Motion for Taking Hearing Off Calendar stating that “Defendant Kangavari has withdrawn his Notice of Deposition and deposition subpoena of Ravi N. Srinivas...
2022.10.20 Motion for Attorney Fees 880
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.10.20
Excerpt: ... 15, 2019. The parties exchanged about two rounds of discovery, including supplemental responses. Plaintiff's deposition, an inspection of the Subject Vehicle, and a deposition of Defendant and dealership personnel occurred. A Notice of Settlement was filed on June 22, 2022. Cal. Civ. Code §1794(d) states, “[i]f the buyer prevails in an action under [the Song Beverly Act], the buyer shall be allowed by the court to recover as part of the judgm...
2022.10.20 Application for Right to Attach Order 620
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.10.20
Excerpt: ... attachment against Defendant VIRTUAL APPAREL, INC. in the sum of $60,615.00. At the hearing, the court shall consider the showing made by the parties appearin g and shall issue a right to attach order, which shall state the amount to be secur ed by the attachment determined by the court in accordance with Section 483.01 5 or 483.020, if it finds all of the following: 1. The claim upon which the attachment is based is one upon which an attachment...
2022.10.18 Motion to Set Aside Judgment 958
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.10.18
Excerpt: ...S Beauty, Inc. pursuant to CCP § 473. Procedural Background This is a wrongful death action commenced on August 12, 2016 by Decedent Ji Oh's survivors against Teachers Insurance and Annuity Association of America (“TIAA”) and its property managers. The Complaint alleges that on March 7, 2016, Decedent Oh was dispensing a hair care product IBS sold, when the drum exploded and a fire engulfed decedent. IBS is wholly owned by CEO, Daniel Kim. O...
2022.10.18 Demurrer 258
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2022.10.18
Excerpt: ... commercial liability insurer who tendered a defense for Plaintiff in one of the lawsuits between Eva Meneses, Edgar Fragoso, Century Law Group (“CLG”) and Plaintiff. (Complaint, ¶ 12.) Penn-Star refused Meneses, Fragoso, and CLG's policy limit demand and withdrew its defense of Plaintiff. (Id.) Plaintiff sued Penn-Star, and Penn-Star accepted Plaintiff's 998 offer for $1,995,000.00, despite being aware that CLG did not consent to the settle...

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