Excerpt: ... hearing on the motion. Additionally, Defendant requests sanctions be imposed against Plaintiff and her attorneys of record in the amount of $511.50 ; (2) An order compelling Plaintiff Maria Pina to provide verified responses to Defendant Costco Wholesale Corporation's Request for Production of Documents, Set 1 (General) served by mail on 9/21/23, without objection, within 10 days of the hearing on the motion. Additionally, Defendant requests san...

Excerpt: ...5.230. Additionally, Plaintiff requests an order imposing sanctions against Honda and its counsel of record, Clark Hill LLP in the amount of $2,490.00 . RULING : The motion is granted as set forth below . SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Olivia Morena Posada aka Olivia M. Posada's (Plaintiff) lease of a 2022 Honda CR -V (the Vehicle) pursuant to a “Closed -Ended Motor Vehicle Lease Agreement – Californ...

Excerpt: ...g -Beverly Act – Civil Code 1793.2 4. Fraud 5. Violation of Business & Professions Code 17200 6. Negligent Repair RELIEF REQUESTED IN MOTION TO STRIKE: An order striking the prayer “For…exemplary or punitive damages… .” (Prayer, Item f, p.23:20). RULING : The demurrer is sustained with 30 days leave to amend. The motion to strike is placed off calendar as moot. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises from Plaintiff Elya...

Excerpt: ...ion against Defendant One876 Caribbean Restaurant, LLC (Defendant) for: (1) Failure to Provide Required Meal Periods (Labor Code 226.7, 510, 512, 1194, 1197; IWC Wage Orders); (2) Failure to Provid e Required Rest Periods (Labor Code 226.7, 512; IWC Wage Orders); (3) Failure to Pay Overtime Wages (Labor Code 510, 1194, 1198; IWC Wage Orders); (4) Failure to Pay Minimum Wages (Labor Code 1194, 1197; IWC Wage Orders); (5) Failure to Timely Pay Wage...

Excerpt: ...iff). Alternatively, Right Choice requests summary adjudication of the following issues in its favor and against Plaintiff : Issue No. 1: Plaintiff's Cause of Action for Negligence against Right Choice has no merit because there is no triable issue of material fact supporting Plaintiff's claim, that Right Choice was the proximate cause of Plaintiff's injuries . Issue No. 2: Plaintiff's Cause of Action for Dependent Care/Elder Abuse has no merit b...

Excerpt: ...sory Note 4. Breach of Guaranty 5. Breach of Implied Covenant of Good Faith and Fair Dealing 6. Judicial Foreclosure of UCC -1 Lien 7. Interference With Contract 8. Accounting 9. Declaratory Relief RULING : The demurrer is overruled as to the 1 st, 7 th and 9 th causes of action and sustained without leave to amend as to the 5 th cause of action. Answer is due within 30 days. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of the sal...

Excerpt: ...ages allegations against Defendant Garfield Beach CVS, LLC, erroneously sued and served as CVS Pharmacy, Inc. (CVS) from Plaintiffs' Estate of Anita Y. Raphael, through its personal representative Joseph Rogoff, Charlott e Marion Raphael, individually, through her conservator Joseph Rogoff (collectively, Plaintiffs) complaint. Specifically, CVS seeks to strike the following portions of Plaintiffs' complaint: (1) “punitive damages” at p.3, ¶1...

Excerpt: ...successor -in- interest to Decedent Stellina Parco, as plaintiff in place and stead of Decedent, and for an order allowing the filing of a First Amended Complaint . RULING : SUMMARY OF ACTION & PROCEDURAL HISTOR Y This action arises out of a motor vehicle collision that occurred on 9/30/21. Plaintiff Stellina Parco was a passenger in one of the involved vehicles and suffered injuries as a result of the collision. On 6/24/22, Stellina Parco and he...

Excerpt: ... against Defendants Amy Jam and Mohsen Haddad (collectively, Defendants) for unlawful detainer. On 8/15/23, after a court trial, the Court entered judgment in favor of Plaintiff awarding Plaintiff possession of the disputed real property, holdover damages of $62,500.00 and costs of $750.00 for a total monetary judgment of $63,250.00 . On 8/30/23, Plaintiff filed and served a memorandum of costs in the amount of $14,176.75 which Defendants did not...

Excerpt: ... Defendants/Cross- Complainants Robert Goldberg and Kathleen Goldberg, Trustees of the Robert and Kathleen Goldberg Family Trust dated July 30, 2004 (the Goldbergs) and against Plaintiffs/Cross -Complainant s Anthony Scearce and Jeannene Scearce (the Scearces), as to the Scearces' cause of action to quiet title to a prescriptive easement over the Goldberg's property. RULING : The motion is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY On 8/8/22, ...

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: ...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: ...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: ... 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...