Excerpt: ... occurred on 9/24/22 at Knollwood Country Club (Knollwood) located in Granada Hills, California. Petitioner Kevin Michael Chao (Petitioner) claims Knollwood is owned, operated, managed, and/or controlled by Respondent County of Los Angeles (Respondent). Petitioner alleges that on 9/24/22, while lawfully golfing at Knollwood, Petitioner was attacked by an unknown third -party aggressor, resulting in Petitioner suffering a broken jaw. On 8/18/23, P...

Excerpt: ...1791.1, 1794, 1795.5 ) 5. Fraudulent Inducement – Concealment 6. Negligent Repair ( not alleged against Ford Motor Company ) RULING : The demurrer is sustained with 30 days leave to amend. SUMMARY OF ACTION & PROCEDURAL HISTOR Y This action arises out of Plaintiff Maximilian Webb's (Plaintiff) purchase of a 2018 Ford F -150 (the Vehicle) on 1/14/19. Plaintiff alleges that “[d]efects and nonconformities to warranty manifested themselves within...

Excerpt: ...5.16(c), for an award of attorneys' fees and costs against Plaintiffs Irwin Jacobowitz; Pearl Jacobowitz; Dakota Dusty Zeigerman -Jacobowitz; Arizona Jacobowitz and Montana Jacobowitz jointly and severally in the amount of $7,042.81. RULING : The motion is granted as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of a landlord -tenant dispute. On 7/6/23, Plaintiffs Irwin Jacobowitz; Pearl Jacobowitz; Dakota Dusty Ze...

Excerpt: ...s portions of the (First) Amended Complaint relating to punitive damages. RULING : The demurrer is sustained and the motion to strike is granted, both, without leave to amend. SUMMARY OF FACTS & PROCEDURAL HISTOR Y This action arises out of Plaintiff Maria Margarita Carranza's (Plaintiff) care and treatment at Defendant Rinaldi Convalescent Hospital (Defendant) from 4/10/21 to 4/12/21. Plaintiff alleges that she suffered “[s]evere infliction of...

Excerpt: ... granted. SUMMARY OF ACTION On February 27, 2023, Plaintiff The Las Canoas Co. (Plaintiff) filed a complaint against Defendants McGarrigle, Kenney & Zampiello, APC and Patrick C. McGarrigle (the McGarrigle Defendants) and other defendants, including Annette Rubin and Abraham Stuart R ubin (the Rubins), with a single cause of action for malicious prosecution. The cause of action for malicious prosecution is based on the underlying case of McCoy El...

Excerpt: ...an Sr. (Plaintiff) was working at Defendant G4S Solutions (USA) Inc. (Defendant). On 12/13/22, Plaintiff, representing himself, filed this action against Defendant claiming that while at work Plaintiff was assaulted and battered causing Plaintiff to sustain physical and emotional injuries. Plaintiff also claims that he experienced workplace discrimination and gross negligence by Defendant . Although not entirely clear, it appears that Plaintiff i...

Excerpt: ..., the District seeks summary adjudication of the following issues: (1) Plaintiff's 3 rd and 5 th causes of action for negligent supervision and retention must be dismissed because the District and its employees had neither actual nor constructive notice of Defendant Marguerite Lagnado's (Lagnado) propensity to sexually abuse minors (Issue No. 1) (3 rd and 5 th causes of action); (2) The District did not breach any duty to report Lagnado's sexual ...

Excerpt: ...sive medical procedure; (2) depos e Respondent prior to the independent medical examination; and (3) subpoena the medical treatment records, including imaging, of Respondent for the independent medical examiner. RULING : The petition is denied. This petition arises out of an alleged motor vehicle accident (“subject incident”) occurring at approximately 3:45 p.m. on October 17, 2022 on the southbound 5 freeway just north of the 210 freeway ove...

Excerpt: ...Relief 5. Promissory Estoppel 6. Violation of Business & Professions Code 1720 0 RULING : The demurrer is sustained without leave to amend as to the 1 st and 2 nd causes of action and overruled as to the 3 rd, 4 th, 5 th and 6 th causes of action. Answer is due within 30 days. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of foreclosure proceedings against property located at 9251 Notre Dame Avenue in Chatsworth, California (the Pr...

Excerpt: ...ought by Plaintiff Christopher Go and staying this matter until arbitration has been conducted in accordance with the Order to Arbitrate; an d (2) An order imposing monetary sanctions in the amount of $8,530.00 against Plaintiff Christopher Go and his counsel pursuant to CCP 128.7 . RULING : The motion to compel arbitration and stay this action is granted. The motion for sanctions is denied. SUMMARY OF ACTION AND PROCEDURAL HISTOR Y This action a...

Excerpt: ...STRIKE: An order striking portions of the First Amended Complaint regarding Plaintiff serving the City of Santa Clarita with a claim for damages. RULING : The demurrer is sustained without leave to amend. The motion to strike is placed off calendar as moot. SUMMARY OF ACTION & PROCEDURAL HISTORY This action arises out of an incident that occurred on or about 4/25/22 while Plaintiff Luis Barajas (Plaintiff) was a passenger on a bus driven by Defen...

Excerpt: ...ucement 5. Accounting RELIEF REQUESTED IN MOTION TO STRIKE: An order striking the entire First Amended Complaint and/or the allegations (¶23) and the prayer for punitive damages (Prayer ¶3). RULING : The request to strike the entire First Amended Complaint is denied. The demurrer is sustained with 30 days leave to amend. The request to strike the allegations regarding and the prayer for punitive damages is moot due to the ruling on the demurrer...

Excerpt: ...ctions against Willerford and in favor of JW Brands in the amount of $1,660.00 . RULING : The request to compel responses, without objections, is granted. The request for sanctions is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of an agreement between Defendant 024 Management Services, Inc. (024 Management), Defendant JW Brands LLC (JW Brands) and Plaintiffs Chris Lacroix (Lacroix) and Martin Willerford (Willerford) (coll...

Excerpt: ... Intent to Perfor m 5. Breach of Oral Contrac t 6. Accountin g 7. Defamatio n 8. Injunctive Relie f * Big Battery fails to provide clear notice as to which causes of action are the subject of the demurrer. The notice indicates that Big Battery is demurring to the 3 rd, 4 th, 5 th, 6 th, 7 th and 8 th causes of action. However, the Demurrer and Memorandum of Points and Authorities indicate that Big Battery is demurring to the 2 nd, 5 th, 7 th and ...

Excerpt: ...Without Intent to Perform 5. Breach of Oral Contract 6. Accounting 7. Defamation 8. Injunctive Relief * Lundgren fails to provide clear notice as to which causes of action are the subject of the demurrer. The notice indicates that the Lundgren is demurring to the 3 rd, 4 th, 5 th, 6 th, 7 th and 8 th causes of action. However, the Demurrer and Memorandum of Points and Authorities indicate that Lundgren's demurrer addresses only the 3 rd, 4 th and...

Excerpt: ...ing By Her Guardian Ad Litem, Rosa L. Munguia Rodriguez); and Sonic Martinez (Suing By Her Guardian Ad Litem, Rosa L. Munguia Rodriguez) NOTICE: ok Demurrer is to the entire First Amended Complaint: 1. Violation of Civil Code 1942.4 2. Tortious Breach of the Warranty of Habitability 3. Private Nuisance 4. Business & Professions Code 17200, et seq. 5. Negligence RELIEF REQUESTED IN MOTION TO STRIKE: An order striking various portions in the compla...

Excerpt: ... Pacoima Plaza Shopping Center, LLC's Request for Production of Documents, Set 1. Additionally, Pacoima Plaza requests an award of sanctions against Plaintiff and her counsel in the amount of $1,815.00. RULING : The request to compel Plaintiff to provide further responses to Requests for Production of Documents, Set 1, is granted. Further responses are due within 30 days. The request for sanctions is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY ...

Excerpt: ...ms just and proper, including reasonable expenses and attorneys' fees incurred by Calvin Klein Studio to defend against, and dispose of, the Complaint. RULING : SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Carlotta Andrea Peart's (Plaintiff) purchase of clothing allegedly manufactured by Defendant Calvin Klein Studio, LLC (Calvin Klein Studio) from Defendant Macy's Retail Holdings, LLC (Macy's) on 9/4/20. Plaintiff al...

Excerpt: ...ligenc e 4. Civil Batter y 5. Intentional Infliction of Emotional Distres s 6. Premises Liabilit y *The causes of action in the caption of the First Amended Complaint do not match those in the body of the complaint. The caption lists the causes of action as: (1) Breach, (2) Violation of Civil Code 1102, (3) Fraud by Concealment, (4) Negligence, (5) Conversion and (6) Battery . RELIEF IN MOTION TO STRIKE: An order striking Plaintiffs' request for ...

Excerpt: ...intiff Valeria Segoviano Hernandez's Third Amended Complaint: 1. Paragraph 19 in its entirety (page 8, lines 4 -6); 2. Paragraph 21 in its entirety (page 8, lines 12 -14); 3. Paragraph 22 in its entirety (page 8, lines 16 -23); 4. Paragraph 23 in its entirety (pages 8 -9, lines 25 -3); 5. Paragraph 24 in its entirety (page 9, lines 5 -7); 6. Paragraph 26 in its entirety (page 9, lines 13 -19); 7. Paragraph 28 in its entirety (pages 9 -10, lines 2...

Excerpt: ...on arises out Decedent Scott S. Emling's (Decedent who died on 12/20/21) alleged promise to leave his entire estate to Plaintiff Charles Yazbeck (Plaintiff) in exchange for Plaintiff taking care of Decedent. On 2/22/22, Defendant Tanya L'Heureux, Administrator of the Estate of Scott S. Emling (Defendant), Decedent's niece, filed a Petition to Administer the estate of Decedent. On 4/8/22, Defendant became the administrator of Decedent's estate. (R...

Excerpt: ...nal Distress 6. Premises Liability *The causes of action in the caption of the First Amended Complaint do not match those in the body of the First Amended Complaint. The caption lists the causes of action as: (1) Breach, (2) Violation of Civil Code 1102, (3) Fraud by Concealment, (4) Negligence, (5) Conversion and (6) Battery. RELIEF IN MOTION TO STRIKE: An order striking Plaintiffs' request for punitive and exemplary damages (¶50a, p.14:3 -4, �...

Excerpt: ... filed and stricken on 8/28/23 . RULING : The motion is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Defendants Everardo Vargas Valencia, Esq. (Mr. Valencia); Everardo Vargas Valencia, A.P.C.; Law Offices of Everardo Vargas Valencia, APC's (Defendants) representation of Plaintiff Socorro Sanchez (Plaintiff) in a prior action. Plaintiff alleges that Defendants committed wrongdoing by converting Plaintiff's settlement fun...

Excerpt: ...e demurrer is sustained with 30 days leave to amend. SUMMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of an agreement entered into by Plaintiffs Talal Altamimi, III (Altamimi) and Mankind Essentials, Inc. (Mankind) (collectively, Plaintiffs) and Defendant Lief Organics, LLC (Defendant) for the manufacture of fertility and dietary pro ducts for Mankind. Based on three orders, Plaintiffs paid Defendant deposits totaling $22,787.50. (Co...

Excerpt: ...efendant Macy's Retail Holdings, LLC's Form Interrogatories, Set 1. Additionally, Macy's requests sanctions against Plaintiff and her attorneys of record in the amount of $892.50; (2) An order compelling Plaintiff Carlotta Andrea Peart to provide verified responses, without objection, to Defendant Macy's Retail Holdings, LLC's Special Interrogatories, Set 1. Additionally, Macy's requests sanctions against Plaintiff and her attorneys of record in ...