Excerpt: ...nd through her guardian ad litem, Arturo M. Torres, and Defendant, the People of the State of California, acting by and through the Department of Transportation. RULING: The unopposed motion is granted. This action arises out of a multi-vehicle accident that occurred on 4/24/17, at about 1:20 a.m. on northbound State Route 27 (SR-27)/Topanga Canyon Boulevard near Santa Susana Pass Road. At the time of the accident, Defendant Eric Andrew Salinas w...

Excerpt: ...d Amended Complaint. RULING: The motion is denied. Despite previously being reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil, the parties still failed to comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court's 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. (See 8/14/20 Minute Order). Failure to comply w...

Excerpt: ...opez's claim that her 2015 Hyundai Sonata vehicle, which was manufactured and distributed by Defendant Hyundai Motor America, suffers from defects, including Backup Camera and Transmission Defects, and that Defendant has been unable to repair the vehicle within a reasonable number of attempts. Plaintiff alleges that Defendant knew that the vehicle suffered from defects, but still refused to repurchase the vehicle which Plaintiff claims is a willf...

Excerpt: ...oms-Anthony and Faegre Drinker Biddle & Reath LLP in the amount of $2,184.00. RULING: The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court's 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. Failure to ...

Excerpt: ...IEF REQUESTED IN MOTION TO STRIKE: An order striking the entire Second Amended Complaint on the grounds that each cause of action is barred by the applicable statute of limitations. RULING: The demurrer is overruled and the motion to strike is denied. Answer is due within 20 days. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with th...

Excerpt: ...olation of CC 2923.7 4. Violation of CC 2924.9 5. Violation of CC 2924.10 6. Unfair Business Practices, Violation of B&P 17200, et seq. 7. Cancellation of Written Instruments, CC 3412 (dismissed on 9/16/20) RULING: The demurrer is sustained without leave to amend as to the 2 nd, 3 rd, 4 th and 5 th causes of action and with 20 days leave to amend as to the 6 th cause of action. The parties are reminded to review the 5/3/19 First Amended General O...

Excerpt: ... an order imposing monetary sanctions of not less than $10,725.00 against Plaintiff and Plaintiff's attorney, James A. Otto. RULING: The motion is denied. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court's 5/3/19 First Amende...

Excerpt: ...Assault and Battery 4. Negligence 5. Violation of State Civil Rights RULING: The demurrer is sustained without leave to amend as to the 2 nd cause of action, sustained with 20 days leave to amend as to the 5 th cause of action and overruled as to the 3 rd cause of action. This action arises out of Plaintiff's claim that she was sexually harassed by another fourth grade student at Defendant Vaughn Next Century Learning Center (Defendant). Plaintif...

Excerpt: ...ests an order granting summary adjudication of the 4 th cause of action for Negligent Hiring and Supervision and the 5 th cause of action for Negligent Training. RULING: The request for summary judgment is granted. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line ...

Excerpt: ...ative costs are requested. The Court continues the hearing on final approval of the settlement for: (1) further explanation and amendment regarding what happens to uncashed checks and (2) removal of dismissal language from the Settlement Agreement: (1) With regard to Uncashed Checks, although the parties removed the provision reverting uncashed checks to Defendant, inadequate information is provided as to how the parties will handle uncashed chec...

Excerpt: ...onal Distress 3. Breach of Fiduciary Duty 4. Constructive Fraud 5. Battery 6. Sexual Harassment (CC 51.9) 7. Gender Violence (CC 52.4) 8. Ralph Act Violation (CC 51.7) 9. Negligent Hiring, Training, Supervision and Retention RELIEF REQUESTED IN MOTION TO STRIKE: An order striking the 2 nd, 3 rd, 4 th, 5 th, 6 th and 8 th causes of action in Plaintiff's complaint. Additionally, Plaintiff seeks to strike ¶28, p.11:7-9; ¶31, p.11:7-9; ¶31 p.11:22...

Excerpt: ...Plaintiff must separately file the First Amended Complaint which is attached to the motion as Ex.1. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court's 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civi...

Excerpt: ...ntiff underwent on 11/9/18 allegedly performed by Defendant Dr. Arezou T. Yaghoubian. (SAC ¶¶12, 22). Plaintiff alleges that from November 2018 through March 2019, she suffered from post-surgical infections. (SAC ¶¶24-29). Plaintiff alleges that on 12/18/19, a medical professional told her that her scars were permanent and that she suffered a herniated disc as a result of her prolonged recovery. (SAC ¶¶30-31). On 11/6/19, Plaintiff filed th...

Excerpt: ...iffs Ranch at the Falls LLC and April Hart. The total fee sum reflects $658,322.00 in attorneys' fees incurred in the defense of Indian Springs in this action and $258,958.60 in attorneys' fees incurred in prosecuting Indian Springs' affirmative claims in this action. The reply indicates that Indian Springs has incurred an additional $24,994.00 in fees since the filing of the motion. The supplemental declaration of attorney Nicholas R. Rogers ind...

Excerpt: ...t Katleen Leblanc's Verified Cross-Complaint in favor of Plaintiff/Cross-Defendant Musabbir Chowdhury and against Defendant/Cross-Complainant Katleen Leblanc RULING: The motion is denied. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 o...

Excerpt: ... granted as set forth below. On 8/19/20, the hearing on the instant motion was held. The Court determined that Defendant was entitled to an award of attorneys' fees. (See 8/19/20 Minute Order). However, due to Defendant's failure to provide the Court with sufficient information to determine whether the attorneys' fees sought were reasonable, the hearing was continued to allow Defendant to serve and file an attorney declaration in support of the f...

Excerpt: ...CC 52.4) 4. Negligence 5. Negligent Supervision 6. Negligent Hiring/Retention 7. Negligent Failure to Warn, Train, or Educate 8. Public Entity's Liability Based on the Torts of Government Employees (Gov't Code 815.2) RULING: The demurrer is overruled. Answer is due within 20 days. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with th...

Excerpt: ..., William Zurowski and Frank Velazco and against Plaintiff. Alternatively, Defendants request summary adjudication in their favor and against Plaintiff on Plaintiff's 1 st, 2 nd and 3 rd causes of action. RULING: The motion is granted as set forth below. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS...

Excerpt: ...tween Plaintiff Cameron Orozco and Defendants regarding ownership of certain real property. Plaintiff alleges that in April of 2017 Defendant Rosalinda Barba approached him regarding a partnership in which Plaintiff and Defendants would each own 50% of certain real property located in Granada Hills, California. (Compl. ¶4). Plaintiff alleges that Barba further represented that Defendant Loveleeds, Inc. would manage the property which would be re...

Excerpt: ... granted. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court's 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. Failure to comply with these requirements in the future may result in papers being reje...

Excerpt: ...viction 6. Financial Elder Abuse RELIEF REQUESTED IN MOTION TO STRIKE: An order striking allegations regarding and prayers for punitive damages. RULING: The demurrer is overruled. The motion to strike is granted with 20 days leave to amend. Defendant Ashley Jauregui has improperly included her demurrer, request for judicial notice and motion to strike in one document and both parties have failed to bookmark documents or make them text searchable....

Excerpt: ... Addendum. On April 20, 2020, the parties submitted a request to the Court, by way of a posting on CaseAnywhere, for an order that approves the dissemination of a Supplemental Postcard. (Declaration of Eric Y. Kizirian (“Kizirian Decl.”), ¶2.) The April 20, 2020 posting states in its entirety, as follows: To the Honorable Court: The parties in the above-referenced Kojikian v. American Honda Motor Co., Inc. action respectfully seek Court appr...

Excerpt: ...nd setting aside the order entered on 3/13/20. RULING: The motion is denied. This action arises out of dental treatment provided by Defendant to Plaintiff in July 2017. Plaintiff claims that Defendant used amalgam to fill her tooth when she specifically requested that he not do so and he assured her he would not. Plaintiff contends that the use of amalgam caused a flare-up of her preexisting medical condition, Lupus. The Fourth Amended Complaint ...

Excerpt: ... of Written Instruments, CC 3412 RULING: The demurrer is sustained without leave to amend as to the 1 st, 3 rd and 4 th causes of action and with 30 days leave to amend as to the 2 nd, 5 th and 6 th causes of action. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, lin...

Excerpt: ...egligent Misrepresentation 4. Declaratory Relief 5. Promissory Fraud RULING: The demurrer is sustained without leave to amend as to the 3 rd and 4 th causes of action and overruled as to the 1 st, 2 nd and 5 th causes of action. The motion to strike is denied. Answer is due within 20 days. *The initial complaint filed by Plaintiff Castaic Village Center, LLC in this action is incorrectly titled as the First Amended Complaint. Since both Defendant...