Excerpt: ...an order quashing service of the summons and complaint upon it on the grounds this Court lacks personal jurisdiction over it because Orica USA is a corporation formed under the laws of Delaware with its principal place of business in Colorado. (Notice of Motion, pg. 2; C.C.P. §418.10(a)(1).) Orica USA argues this Court lacks specific jurisdiction over it because Plaintiffs Craig Steven Roberts (“Craig”) and Carla Roxanna Roberts (“Carla”...

Excerpt: ... Plaintiff's request for sanctions is denied. Defendant's request for sanctions is denied. Plaintiff Eric Hosuk Yoon (“Yoon”) (“Plaintiff”) moves to compel the deposition of Defendant Cuckoo Homesys Co. Ltd.'s (“Cuckoo Homesys”) (“Defendant”) person(s) most knowledgeable (“PMK”), Bonhak Koo (“Koo”), to appear for deposition and produce documents. (Notice of Motion, pgs. 1-2.) CRC Violations CRC Rule 3.1354(b) provides in p...

Excerpt: ...ices after service of the summons in C.C.P. §2025.210(b). (Notice of Motion, pg. 2.) Plaintiff filed the instant motion on October 2, 2023. As of the date of this hearing, no opposition has been filed. Discussion Plaintiff requests that the Court issue an Order (1) granting leave to serve third-party discovery in this action, and (2) approving the Subpoena issued out of LASC directed at Davidson Kempner Capital Management, LP (“Davidson Kempne...

Excerpt: ..., Genchun Park, and Tony Park is sustained without leave to amend as to Reverend Park and Open Door. Moving and Joining Defendants' demurrer to Pastor Seo, Yong Ki, Chris, Genchun, and Tony on the basis of legal capacity to sue is sustained as to the SAC without leave to amend. Defendants Hun Sung Park's and LA Open Door Presbyterian Church's motion to strike is denied as moot. Defendants Hun Sung Park (“Reverend Park”) and LA Open Door Presb...

Excerpt: ...ight's, Frank Chessman's, and Ryan Chessman's motion in the alternative for summary adjudication as to Plaintiffs 10K Advertising LLC's and 10K Advertising, Inc.'s 1st, 2nd, 3rd, 4th, 5th, 6th, 8th, 9th, and 10th causes of action in their first amended complaint is denied. Defendants' motion for summary adjudication is granted as to the 7th cause of action. Defendants Alkaline 88, LLC (“A88”), Richard Wright (“Wright”), Frank Chessman (�...

Excerpt: ...nal Robertson Carwash Care Inc.'s (“NRCCI”) (“Plaintiff”) second amended complaint (“SAC”) in its entirety. (Notice of Demurrer, pg. 1.) Request for Judicial Notice Defendant's 9/28/23 request for judicial notice of the printout of the entity information obtained for Car Consultants, Inc. from the Nevada Secretary of State Business Entity Search Website, located at https://esos.nv.gov/EntitySearch/OnlineEntitySearch/ (D-RJN, Exh. 1), ...

Excerpt: ...mit simultaneous briefs on November 20, 2023, regarding Yeh v. Superior Court of Contra Costa County (Cal. Ct. App., Sept. 6, 2023, No. A166537) 2023 WL 5741703; Kielar v. Superior Court of Placer County (Cal. Ct. App., Aug. 16, 2023, No. C096773) 2023 WL 5270559; Montemayor v. Ford Motor Company (2023) 92 Cal.App.5th 958, review filed (Aug. 1, 2023); and Ford Motor Warranty Cases (2023) 89 Cal.App.5th 1324, review granted (July 19, 2023). Plaint...

Excerpt: ... cause of action in her complaint is denied. Defendant Staples Contract & Commercial, LLC, (“Staples LLC”) (“Defendant”) moves for a summary judgment Plaintiff Joyce Allen's (“Allen”) (“Plaintiff”) complaint for damages (“Complaint”) on the basis there is no genuine issue as to any material fact, and Defendant is entitled to judgment in its favor as a matter of law. (Notice of Motion, pg. 2; C.C.P. §§437c(a), (c).) Defendant...

Excerpt: ...ve to amend. Defendants Clyde Turner (“Turner”) and Alfred Luciani (“Luciani”) (collectively, “Defendants”) move unopposed for judgment on the pleadings asserted by Plaintiff Impact Solutions, LLP (“Impact Solutions”) (“Plaintiff”) in its first amended complaint (“FAC”). (Notice of Motion, pg. 2; C.C.P. §438; Evid. Code §452.) Defendant Val Serebryany (“Serebryany”) (“Defendant”) joins Turner's and Luciani's moti...

Excerpt: ...�) and Karime Aguilar Richie aka Karime Aguilar (“Aguilar”) (collectively, “Plaintiffs”) move for an order awarding them attorneys' fees and costs against Defendant Kia America, Inc. fka Kia Motors America, Inc. (“KA”) (“Defendant”) on behalf of Knight Law Group (“KLG”) [1] in the total amount of $367,295.92, reflecting (1) $207,579.50 in attorney fees; (2) a 0.5 multiplier enhancement on the attorney fees (or $103,789.75); an...

Excerpt: ..., sua sponte, reconsiders its January 4, 2023, order (“1/4/23 Ruling”) granting Defendant Toyota Motor Sales, U.S.A., Inc.'s (“Toyota”) (“Defendant”) motion to compel arbitration. (Notice of Motion, pg. 2.) Procedural Background On February 14, 202, Plaintiff Omar Hernandez Santiago (“Santiago”) (“Plaintiff”) filed his operative complaint against Defendant alleging three causes of action under the Song-Beverly Consumer Warrant...

Excerpt: ...iffs to Defendant in discovery on or about May 5, 2021, is denied. Defendant is to provide Plaintiffs with all privileged documents inadvertently produced. Plaintiffs Benjamin Chui's and Margaret Chui‐Lee's as co‐trustees of the King Wah Chui and Chi May Chui Declaration of Trust Dated March 11, 1988, as Amended by Complete Amendment of the Declaration of Trust Dated May 21, 1999, as Amended, motion to quash the deposition subpoena for person...

Excerpt: ...complaint is denied as to Issue Nos. 1 and 2. Defendant BMW Nationwide Security, Inc. (“BMW”) (“Defendant”) moves for summary adjudication of Plaintiff Edna Herrarte-Giron's (“Herrarte-Giron”) (“Plaintiff”) complaint (“Complaint”) on the basis BMW did not have a duty to Plaintiff, BMW is protected under the special employee relationship, BMW had no notice of a dangerous condition, and BMW's actions were not the proximate cause...

Excerpt: ...21.50, and costs in the reduced amount of $4,005.40. Plaintiff Wilber Gomez Diaz (“Gomez Diaz”) (“Plaintiff”) moves for an order awarding him attorneys' fees in the amount of $87,846.50, and costs in the amount of $8,797.80, against Defendant Tricolor California Auto Group, LLC, dba Ganas Auto (“Ganas”) (“Defendant”) for a total amount of $96,644.30. (Notice of Motion, pg. 1; Civ. Code §§1780(e), 1794(d).) Background Plaintiff G...

Excerpt: ...ved on Non‐party on March 14, 2023, to produce and permit inspection and copying of forensically sound evidence drives containing information from Konnech, Inc. is granted. LADA is to produce the items responsive to Petitioners' request within 30 days of this ruling. Petitioners Dr. Paul C. Broun (“Broun”), Sheri Gilligan (“Gilligan”), and VoterGA (“VoterGA”) (collectively, “Petitioners”) move for an order compelling Non-party L...

Excerpt: ...omplainants' allegations of Common Counts contained at ¶CC‐1(b)(2), which survives this motion. Cross‐Defendants may separately move for an award of attorneys' fees and costs. Cross-Defendants Mechellet Armelin-Martin (“Armelin-Martin”) and Perry Martin Jr. (“Martin”) (collectively, “Cross-Defendants”) move to strike the cross-complaint (“CC”) of Cross-Complainants Michael Lurence (“Lurence”) and LEI Electrical Contractor...

Excerpt: ...D.'s, motion to strike is denied as to the 2nd cause of action for Violation of Elder Abuse and Dependent Adult Civil Protection Act, in its entirety, as to Wirshing, 18:16‐27:9 (¶¶75‐106), which includes claims for attorneys' fees, 22:6, 26:22 (¶¶83, 104), and for punitive damages, 22:12, 26:28‐27:9, (¶¶83, 106); Plaintiffs' prayer for relief, “For punitive damages according to proof,” 38:8, Prayer ¶iv; and Plaintiffs' prayer fo...

Excerpt: ...��) demurs to Plaintiff Andy Wu's (“Wu”) (“Plaintiff”) complaint (“Complaint”). (Notice of Demurrer, pgs. 1-2.) Meet and Confer Before filing a demurrer, the moving party must meet and confer in person or by telephone with the party who filed the pleading to attempt to reach an agreement that would resolve the objections to the pleading and obviate the need for filing the demurrer. (C.C.P. §430.41.) Defendant's counsel filed a declar...

Excerpt: ...) (collectively, “Defendants”) move unopposed to strike and/or tax costs requested by Plaintiff Eric Mintz's (“Mintz”) (“Plaintiff”) in his “Memorandum of Costs After Judgment, Acknowledgement of Credit, and Declaration of Accrued Interest [MC-012]” served on Defendants by mail on March 21, 2023. (Notice Motion, pg. 2; CRC, Rule 3.1700; C.C.P. §1033.5.) In the alternative, Defendants move to strike Item No. 3, “Accrued Interest...

Excerpt: ...o set aside the judgment entered in this matter on June 29, 2023, and to enter a judgment notwithstanding the verdict on the basis the verdict as a whole and/or in part is not supported by substantial evidence and/or is inconsistent with the law. (Notice of Motion, pgs. 1-2; C.C.P. §§629, 659a; CRC, Rule 3.1600.) Background Plaintiffs filed this lawsuit against defendant Kia America, Inc. (“KA”) on December 23, 2019, alleging five causes of...

Excerpt: ...3 ruling (“3/23/23 Ruling”) on Defendants Westport Properties, Inc.'s (“Westport”), US Storage Centers, Inc.'s (“USSC”), Hawthorne Mini Venture, LLC, dba US Storage Centers – South Bay's (“Hawthorne”), and Benson Williams II's (“Williams”) (collectively, “Storage Defendants”); Lionel Pereira's and Southern California Coin and Stamps (collectively, “Pereira Defendants”); Stephen Pattillo's, individually and dba Qualit...

Excerpt: ...�), Fariba Atighechi (“Atighechi”), and Pink Partners, Inc. (“Pink Partners”) (collectively, “Defendants”) move to tax costs requested by Plaintiffs Kiumars Soleimany (“Kiumars”) and Shanaz Soleimany (“Shanaz”) (collectively, “Plaintiffs”) in the total amount of $34,431.92. (Notice Motion, pg. 2; CRC, Rule 3.1700(b)(1).) Background This action came on regularly for trial in its first phase on October 1, 2018; its second ph...

Excerpt: ...he 1st, 3rd, 4th, and 6th causes of action; and denied as to the 2nd, 5th, and 7th causes of action. Defendant County of Los Angeles (“County”) (“Defendant”) moves for an order granting summary judgment against Plaintiff Michael Barnett's (“Barnett”) (“Plaintiff”) first amended complaint (“FAC”) on the grounds that all causes of action fail as a matter of law. (Notice of Motion, pgs. 2-3; C.C.P. §437c.) In the alternative, De...

Excerpt: ...ntiff National Robertson Carwash Care, Inc. (“National”) (“Plaintiff”) moves unopposed to compel third-party Armen Takyan (“Takyan”) to comply with its March 16, 2023, subpoena to appear and testify at his noticed deposition and produce documents. (Notice of Motion, pg. 2; C.C.P §§1987.1, 2020.010 et seq., 2025.480.) Plaintiff also moves for monetary sanctions against Takyan in the amount of $3,268.33 [1] for willful misuse of the d...

Excerpt: ...The parties are directed to submit a joint statement five calendar days in advance, apprising the Court of the status of the arbitration. Defendant Atlantic Solutions Group, Inc. d/b/a Empire Workforce Solutions [erroneously sued as Empire Workforce Solutions] (“Empire”) (“Defendant”) moves to compel Plaintiff Jonathan O. Sanchez (“Sanchez”) (“Plaintiff”) to arbitrate his individual claims and stay all proceedings in this action p...