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