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...

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 ...

Excerpt: ...anted as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY On 4/7/22, Plaintiffs Hazelliz Calove and Helen Hernandez Salvador, Trustees of the Minervina Santos Living Trust and Minervina Santos (now deceased) (Plaintiffs) filed this action against Defendant Freddie Nazario, and others, for: (1) Partition of Real Property, (2) Cancellation of Deeds and (3) Reformation of Deeds. At the 9/7/23 Mandatory Settlement Conference, the parties settle...

Excerpt: ... in this matter. RULING : The motion is granted, in part, and denied, in part, as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of a warranty contract Plaintiff Omar Maldonado Gonzalez (Plaintiff ) entered with Defendant Ford Motor Company (Ford) on 4/19/22 regarding a 2019 Ford Explorer (the Vehicle). (Complaint ¶15). Plaintiff alleges that “[d]efects and nonconformities to warranty manifested themselves within...

Excerpt: ...LING : The demurrer is sustained with 30 days leave to amend as to the 5 th, 12 th and 17 th causes of action and is otherwise placed off calendar as moot. SUMMARY OF FACTS & PROCEDURAL HISTOR Y This action arises out of a landlord -tenant dispute. On 7/6/23, Plaintiffs Irwin Jacobowitz; Pearl Jacobowitz; Dakota Dusty Zeigerman -Jacobowitz; Arizona Jacobowitz and Montana Jacobowitz (collectively, Plaintiffs), representing themselves, filed this a...

Excerpt: ..., Inc. Claudia Aceves (collectively,“Defendants”) RESPONDING PARTY: Plaintiffs Joy Rhoda Abad, et al. (“Plaintiffs”) NOTICE: ok RELIEF REQUESTED: An order from this Court (1) compelling the signatory Plaintiffs to submit to binding arbitration, and (2) staying proceedings for the remaining Plaintiffs pending the resolution of the arbitration. TENTATIVE RULING: The motion is DENIED. BACKGROUND On July 26, 2023, Plaintiffs filed their Compl...

Excerpt: ...n arises out of a dispute between neighboring property owners regarding trees. Plaintiffs Larry Tran and Cirena Torres (Plaintiffs) contend that neighboring property owner, Defendant Frankie Florez (Florez) improperly cut/damaged trees on their property, has defamed them with regard to the tree situation, etc. On 8/28/23, Plaintiffs, representing themselves, filed this action against Florez and Kings Tree Service, Inc. alleging causes of action f...

Excerpt: ...e amount of $2,460.00 against Defendant Ford Motor Company and its attorneys of records, Mortenson Taggart Adams LLP. RULING : The motion is granted as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of a warranty contract Plaintiff Omar Maldonado Gonzalez (Plaintiff ) entered with Defendant Ford Motor Company (Ford) on 4/19/22 regarding a 2019 Ford Explorer (the Vehicle). (Complaint ¶15). Plaintiff alleges that “...

Excerpt: ...to Defendant's Requests for Production, Set 1. Additionally, Defendant requests an order imposing sanctions on Plaintiff Rosa Rodriguez, individually and as Guardian Ad Litem and Plaintiffs' counsel in the amount of $1,270.00 . RULING : The motion is granted as set forth below. Responses, without objections, are due and sanctions are payable within 30 days. SUMMARY OF FACTS & PROCEDURAL HISTOR Y This action arises out of Plaintiffs Rosa L. Mungui...

Excerpt: ...ment 3. Breach of Warranty of Habitability 4. Negligence 5. Negligent Maintenance of Premises 6. Nuisance 7. Common Law Fraud RELIEF REQUESTED IN MOTION TO STRIKE : An order striking allegations regarding punitive damages in the 2 nd, 3 rd and 6 th causes of action and the prayer for punitive damages with regard to these causes of action. RULING : The demurrer is sustained with 30 days leave to amend. The motion to strike is placed off calendar a...

Excerpt: ...ive pleading in this matter. RULING : The motion is granted. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Maria Margarita Carranza's (Plaintiff) care and treatment at Defendant KF Rinaldi, LLC dba Rinaldi Convalescent Hospital (Defendant) from 4/10/21 to 4/12/21. Plaintiff alleges that she suffered “[s]evere infliction of injuries sustained by employees from Rinaldi Convalescent Hospital” by refusing to give her p...

Excerpt: ... by Defendant to Plaintiff Was Defective RULING : The demurrer is sustained without leave to amend. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Zuolin Cao's (Plaintiff) dissatisfaction with Defendant Topa Insurance's (Defendant) handling and denial of the claim for her defense in an underlying action. Since 2015, Plaintiff had an insurance policy issued by Defendant for Plaintiff's real property located at 10500 Alab...

Excerpt: ...ffs then request that the Court pierce the corporate veil and impose various sanctions on Defendant Michael Meadows for A Cleaner Pool, Inc.'s failure to comply with this Court's 12/21/22 order. Specifically, Plaintiffs request that the Court: (1) Impose monetary sanctions against Defendant Michael Meadows in the amount of $3,120.00; (2) Order Defendant Michael Meadows to pay the $1,785.00 in monetary sanctions that the Court previously Ordered A...

Excerpt: ...on RULING : The demurrer is sustained without leave to amend as to the 2 nd, 4 th, 5 th and 6 th causes of action and with 30 days leave to amend as to the 1 st and 3 rd causes of action. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of an “Operating Agreement” entered on 5/5/20 between Defendant Mom's Haus, LLC (Mom's Haus) and Plaintiff Geneva Fontenette (Plaintiff). The “Operating Agreement” was signed by Defendant Marc ...

Excerpt: ...jection, within 10 days from the date of the court hearing on this matter. Additionally, Plaintiff requests sanctions against Armand Vince Garcia in the amount of $1,560.00. RULING: The motion is granted. SUMMARY OF FACTS & PROCEDURAL HISTORY On 5/20/22, Plaintiff Honest Home Improvement Inc. (Plaintiff) filed this action against Defendants Armand Vince Garcia and Garcia Family Trust for: (1) Breach of Contract, (2) Quantum Meruit, (3) Intentiona...

Excerpt: ...(3) Indemnity (4) Declaratory Relief (5) Negligence RELIEF REQUESTED IN MOTION TO STRIKE: An order striking portions of the First Amended Cross- Complaint relating to attorneys' fees, punitive damages and treble damages. RULING: The demurrer is sustained without leave to amend. The motion to strike is placed off calendar. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of a dispute regarding real property commonly known as 28212 Kell...

Excerpt: ...ow. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arose out of the alleged breach of a contract between Plaintiff Vaping360 GMBH (Plaintiff) and Defendant Newhere, Inc. dba CBDFX.Com (Defendant) for use of Plaintiff's website hyperlinks to promote and sell Defendant's products. Plaintiff contended that the contract stipulated that Plaintiff would receive commission based on the use of the hyperlinks from Plaintiff's website to Defendant's web...