Excerpt: ...rbitration is GRANTED and the action is STAYED. BACKGROUND On November 2, 2023, Phebe Shin Kwon filed a complaint against Tesla Motors, Inc. LC for violations under Song- Beverly Consumer Warranty Act. LEGAL AUTHORITY Under CCP § 1281, a “written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and revocable, save upon such grounds as exist for the revocation of any contract.�...

Excerpt: ...ULING The application for determination of good faith settlement is GRANTED. The court ORDERS that in this action and all related actions, all present claims and cross-complaints of any kind for implied indemnity, equitable comparative contribution and apportionment or partial or comparative indemnity and apportionment based on com parative negligence or comparative fault against Avis Budget Car Rental LLC be and are dismissed with prejudice. Any...

Excerpt: ...ers. No opposition was filed. RULING The motion is GRANTED. The dismissal entered on July 9, 2019 is set aside and vacated. Judgment is entered in the amount of $31,446.82 in favor of plaintiff and against defendant. See judgment. BACKGROUND On March 11, 2019, American Express National Bank filed a complaint against Leon Thompson aka Leon Thomspon Jr for common counts. On July 9, 2019, the parties stipulated and the court ordered that the case be...

Excerpt: ...ff is awarded judgment for possession of the property and $165,000 in holdover damages plus costs. BACKGROUND On August 20, 2021, plaintiff Adrienne L. Spruth filed an unlawful detainer complaint against Mark J. Spruth based on tenancy at will and a 30- day notice to quit as to property at 26202 Grayslake Road, Rancho Palos Verdes. On October 8, 2021, the court denied defendant's motion to quash service of summons. On December 17, 2021, the court...

Excerpt: ...ving papers. No opposition was filed. RULING The motion for summary judgment is GRANTED. The motion for summary adjudication is MOOT in light of the ruling on the motion for summary judgment. Defendants are ordered to lodge a proposed judgment. BACKGROUND On September 28, 2021, plaintiff Oscar Austen Reyes (self -represented) filed a complaint against LA Smiles Dentistry, All in One Dental, Moshe Ezidi, Pedram Sooferi, and Pedram Sooferi, D.D.S.,...

Excerpt: ...TY DAYS LEAVE TO AEMND as to each of the causes of action in the complaint. The motion to strike is GRANTED WITH TWENTY DAYS LEAVE TO AMEND as to the prayer for punitive damages. BACKGROUND On October 17, 2023, plaintiff Lillian Smith Sr. (self -represented) filed a complaint against Danny Reyes, in his individual capacity. The Court has been asked by Defendant to take judicial notice of an action styled Lillian Smith Sr. v. Danny Reyes, Case No....

Excerpt: ...position, and reply papers. RULING The motion is DENIED WITHOUT PREJUDICE. BACKGROUND On December 22, 2022, plaintiff Cynthia A. Blanks, as trustee of The Cynthia A. Blanks Revocable Trust #2 and as trustee of The Seanjay Ramanand Sharma Revocable Trust filed a complaint against Devanand Sharma aka Frank Martini (and nominal defendants 4200 West Century Associates, 4229 West 101 st Street Associates, and 4223 Associates) for (1) declaratory relie...

Excerpt: ... The demurrer to second cause of action is SUSTAINED with leave to amend. The demurrer to the third cause of action is OVERRULED. Plaintiff is given 20 days leave to amend. BACKGROUND On October 26, 2023, plaintiff Klarissa Caitlyn Barajas filed a complaint against American Honda Motor Co., Inc., Ken Garff Automotive Group dba Long Beach Honda, Jenri Pinto Burgos, and Maria Elena Sanchez Davilla for (1) negligence, (2) breach of express warranty,...

Excerpt: ...ust 21, 2023 is set aside and vacated. BACKGROUND On March 1, 2023, Andy Guy filed a complaint against Timothy Roth and Roth Management Group for (1) breach of contract, (2) fraud – concealment, (3) intentional misrepresentation, and (4) conversion. On August 21, 2023, a Request for Dismissal was filed and the case was dismissed with prejudice. It is that Dismissal that Plaintiff now seeks to have vacated on the basis that he did not authorize ...

Excerpt: ...nts and things in plaintiff's possession, custody, or control, whi ch are responsive to defendant's request, within 15 days. The court orders that plaintiff pay defendant a monetary sanction in the amount of $1,190 within 30 days. BACKGROUND On July 25, 2023, plaintiff Artemio Salas filed a complaint against Sandi Flores for (1) quiet title, (2) breach of contract, (3) recovery by one under the doctrine of estoppel, (4) declaratory relief, and (5...

Excerpt: ...LEAVE TO AMEND. The motion to strike is GRANTED WITH 20 DAYS LEAVE TO AMEND as to para. 78 and prayer at 2 and 4. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND as to para. 95 and prayer at 8. BACKGROUND On May 28, 2021, plaintiff Thelidria Calhoun, in and through her successor -in -interest Dimitria Calhoun, filed a complaint against Torrance Memorial Medical Center, Transitional Care Unit, Kindred Hospital Southbay, and Memorial Hospita...

Excerpt: ...osition, and reply papers. RULING The demurrer is OVERRULED as to the second and fourth causes of action in the complaint. Defendants City of Los Angeles and Los Angeles World Airports are ordered to file an answer within twenty days. The motion to strike is DENIED. BACKGROUND On July 6, 2023, plaintiffs Tiffany Abraham, individually and as guardian ad litem for Cash Abraham and Cali Abraham and as successor in interest of Cristopher James Abraha...

Excerpt: ...mplaint (2) Demurrer to Cross -Complaint (3) Demurrer to Cross -Complaint (4) Demurrer to Cross -Complaint (5) Motion to Strike (6) Motion to Strike (7) Motion to Strike (8) Motion to Strike The court considered the moving, opposition, and reply papers. RULING The demurrers to the second, third, and seventh causes of action in the cross -complaint are SUSTAINED WITH 20 DAYS LEAVE TO AMEND. The demurrer to the eighth cause of action is OVERRULED. ...

Excerpt: ...May 16, 2023, plaintiff Christine Rush filed a complaint against Brant Griffin for premises liability based on a slip and fall on April 24, 2021. Plaintiff alleges that she was a guest at defendant's property in Palm Springs to celebrate a birthday. On the night of the incident, plaintiff arrived at the property around 10:00 p.m. and took her dog outside to relieve itself. Plaintiff's dog wandered into the swimming pool and began to drown. Plaint...

Excerpt: ...ING The motion for judgment on the pleadings is GRANTED WITH 20 DAYS LEAVE TO AMEND. BACKGROUND On July 14, 2021, plaintiffs Latasha Beard, Cheyanne Smith, and Marissa Smith filed a complaint against (1) Breitburn Operating LC, (2) Maverick Natural Resources, (3) Breitburn Energy LP, and (4) Marmac Resources Company for (1) negligence, (2) intentional infliction of emotional distress, (3) civil nuisance, and (4) trespass to land based on harm cau...

Excerpt: ...ion to Compel Further Responses to Inspection Demands, Set One (as to 4229 W. 101 st Street Associates) (3) Motion to Compel Further Responses to Inspection Demands, Set One (as to 4200 West Century Associates) The court considered the moving, opposition, and reply papers. RULING The motions to compel further responses to defendant's inspection demands, set one are GRANTED. Nominal defendants 4223 Associates, 4229 West 101 st Street Associates, a...

Excerpt: ...d to Stay All Proceedings The court considered the moving and joinder, opposition, and reply papers. RULING The motion is GRANTED. The action is STAYED pending arbitration. Plaintiff's Request for Judicial Notice of the Complaint filed in this action is DENIED as unnecessary. The operative pleading is always before the Court for proper use in the case. Defendant's Request for Judicial Notice is DENIED. An Observation about Superior Court Decision...

Excerpt: ...t and second causes of action in the complaint is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. The motion to strike is GRANTED WITH 20 DAYS LEAVE TO AMEND as to para. 16 and prayer for punitive damages. BACKGROUND On September 6, 2023, Jean C. McDonald filed a complaint against Mardu Inc. for (1) elder abuse and (2) negligence. LEGAL AUTHORITY Demurrer When considering demurrers, courts read the allegations liberally and in context. Taylor v. City of L...

Excerpt: ...rer is OVERRULED as to the first and second causes of action and SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the third and fifth causes of action. BACKGROUND On August 11, 2023, plaintiff Enjoyor Technology Co., Ltd. filed a petition against Xin Li and Wei Lai Development LLC for recognition of foreign money judgment and complaint for fraudulent transfer. The proofs of service filed August 18, 2023 indicate that defendants were personally served ...

Excerpt: ...he court considered the moving, opposition, and reply papers. RULING The motion for judgment on the pleadings is DENIED as to the first, second, and fourth causes of action and GRANTED WITH 20 DAYS LEAVE TO AMEND as to the sixth cause of action. BACKGROUND On September 22, 2022, plaintiffs Robert W. Mathews, by and through his attorney in fact, Norbert Rock, and Norbert Rock filed a complaint against Palm Consulting Services, Inc. and Amity Care ...

Excerpt: ...cuments, Set One The court considered the moving, opposition, and reply papers. RULING As to plaintiff's Requests for Production of Documents, Nos. 1 -14, the motion is GRANTED. Although the court finds that defendant's responses are code- compliant, it is unclear whether defendant has produced responsive documents and a privilege log. Defendant is ordered to produce responsive documents and a privilege log within 20 days. As to Nos. 15-29 and 30...

Excerpt: ...BACKGROUND On April 12, 2023, petitioners Jacob and Courtney Schkud filed a petition to correct arbitration award against respondent Dale Firman. LEGAL AUTHORITY “Subject to Section 1286.8, the court, unless it vacates the award pursuant to Section 1286.2, shall correct the award and confirm it as corrected if the court determines that: . . . (b) The arbitrators exceeded their powers but the award may be corrected without affecting the merits o...

Excerpt: .... The default entered on February 27, 2024 against defendant Derek Leroy Turner is vacated. Defense counsel is ordered to pay $100 to plaintiff's counsel in reasonable compensatory legal fees and costs. Defendant is to file a responsive pleading forthwith. BACKGROUND On November 9, 2023, plaintiff Abel Ramirez filed a complaint against defendants LAZ Parking California, LLC and Derek Leroy Turner for negligence based on an incident where plaintif...

Excerpt: ...pposition, and reply papers. RULING The motion is DENIED WITHOUT PREJUDICE as to plaintiff's motion to compel further responses to plaintiff's request for production of documents, set one, Nos. 16- 21 and 49-51 relating to civil penalty to be conducted in a “phase 2,” after determination of d efects in the subject vehicle. The Court is ordering the case bifurcated for both discovery and trial. In phase one the parties shall try the basic Song...

Excerpt: ...rrer to FAC (2) Motion to Strike The court considered the moving and opposition papers. RULING The demurrer to the first, second, third, and fourth causes of action in the FAC are OVERRULED. The motion to strike is DENIED. Defendants are ordered to file an answer within 20 days. BACKGROUND On September 30, 2021, plaintiffs Esperanza Asberry, Samuel L. Asberry, Jr., and Candis Ashberry aka Candis Asberry, ind. and as heirs and successors in intere...

Excerpt: ... to Special Interrogatories (Set One) (3) Motion to Compel Responses to Request for Production of Documents (Set Two) (4) Motion for Order Deeming Admitted Truth of Facts and Genuineness of Documents (5) Motion to Compel Responses to Special Interrogatories (Set One) (6) Motion to Compel Responses to Request for Production of Documents (Set One) The court considered the moving, opposition, and reply papers. RULING The motions are GRANTED to the e...

Excerpt: ...NG The motion is DENIED. BACKGROUND On November 22, 2022, plaintiff S.W. filed a complaint against defendants Ginder Marshall, M.D., an individual, and Ginder Marshall, M.D., a professional corporation for (1) sexual assault and battery, (2) IIED, (3) medical battery, (4) failure to obtain informed consent, and (5) negligent misrepresentation. On April 27, 2023, the court overruled defendants' demurrer as to the 1st and 2nd causes of action and s...

Excerpt: ...e court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. Cross-complainant Kiewit is ordered to file its FACC within five days. BACKGROUND On January 28, 2022, plaintiffs Emily Perez and Joe Perez filed a wrongful death and survival action complaint against City of Los Angeles, CST Industries, Inc., CST Covers Industries, Inc., Kiewit Construction, Inc. for (1) dangerous condition of public property, (2) strict p...

Excerpt: ...rminating sanctions is GRANTED. The complaint filed on November 7, 2022 is DISMISSED WITH PREJUDICE. BACKGROUND On November 7, 2022, plaintiff Austin Brennan filed a complaint against City of Culver City and Minerva Rodriguez for motor vehicle negligence. Plaintiff alleges that on January 14, 2022, City of Culver bus driver Rodriguez did not yield the right of way to pedestrian plaintiff who was traveling on a bicycle. As a result of a failure to...

Excerpt: ...urrer to the third, fourth, fifth, and sixth causes of action in the SAC is OVERRULED. Defendants are ordered to file answers within twenty days. BACKGROUND On August 18, 2022, plaintiff filed a complaint against defendant Doe 1 and Does 2 through 25 for (1) negligence as to District, (2) negligent hiring, retention, and supervision as to District, (3) negligence as to Does 2 through 25, and (4) negligent hiri ng, retention, and supervision as to...

Excerpt: ... (1) Demurrer (2) Motion to Strike The court considered the moving, opposition, and reply papers. RULING The demurrer to the First, Second, and Fourth Causes of Action in the complaint is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. The motion to strike is DENIED and is moot in light of the ruling on the demurrer. BACKGROUND On June 13, 2023, Lonnie Lee Gipson and Betty Gipson, ind. and as guardian ad litem of Lonnie Lee Gipson, filed a complaint again...

Excerpt: ...9, 2023, plaintiff Zula Tucker Living Trust, Fred Tucker, trustee (self -represented) filed a complaint against County of Los Angeles, County of Los Angeles Board of Supervisor, and County of Los Angeles Tax Assessor for breach of contract. LEGAL AUTHORITY When considering demurrers, courts read the allegations liberally and in context. Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1216, 1228. “A demurrer tests...

Excerpt: ...ntiffs Robert Nantz, Jr., in and through his successor in interest Barbara Nantz, and Barbara Nantz Motion to Bifurcate Trial Into Two Phases to Determine (1) Liability and Compensatory Damages and (2) Punitive Damages The court considered the moving, opposition, and reply papers. (Plaintiff's “Opposition” agrees that bifurcation is appropriate but addressed some issues related to the specifics of the manner in which the bifurcated trial woul...

Excerpt: ...e Second Amended Complaint received on November 20, 2023 is deemed filed. The “Fourth Amended Complaint” received on December 4, 2023 is rejected. The demurrer to “claim for negligent infliction of emotional distress and vicarious liability” is OVERRULED. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND as to exemplary and punitive damages in the SAC. Defendants are ordered to file an answer within 20 days to the SAC, which is the o...

Excerpt: ...INED WITH FIVE DAYS LEAVE TO AMEND. BACKGROUND On December 19, 2022, plaintiff Jack Chueng dba Three -C Co (self -represented) filed an unlawful detainer complaint against David Tran and Vortex Alliance based on a three- day notice to perform covenants or quit dated June 30, 2021 at the property at 14909 South Crenshaw Blvd., #201, Gardena, CA 90249. On March 3, 2023, the court granted defendant Vortex's motion to quash service of summons and com...

Excerpt: ...murrer is SUSTAINED on the grounds of uncertainty within 20 days leave to amend granted. BACKGROUND On December 6, 2023, plaintiff Mahin Golchin filed a complaint against LAX Physical Medicine, LAX Physical Therapy, and Matthew Araghi for general negligence; and against DJO Global, Inc. for product liability. On January 26, 2024, plaintiff filed an amendment designating Doe 1 as Matthew Szkalak. The Complaint appears to attempt to assert two caus...

Excerpt: ...rs. RULING The motion is GRANTED. See Stipulated Consent Judgment. BACKGROUND On November 18, 2022, CalSafe Research Center, Inc. filed a complaint for civil penalties and injunctive relief against Overseas Food Distribution, LLC for violation of Proposition 65. LEGAL AUTHORITY Health and Safety Code § 25249.7(f)(4) requires court approval of all settlements (other than voluntary dismissals) of actions under the Act brought by a person in the pu...

Excerpt: ...The motion is GRANTED. See Stipulated Consent Judgment BACKGROUND On March 3, 2023, CalSafe Research Center, Inc. filed a complaint for civil penalties and injunctive relief against Mercado Latino, Inc. for violation of Proposition 65. LEGAL AUTHORITY Health and Safety Code § 25249.7(f)(4) requires court approval of all settlements (other than voluntary dismissals) of actions under the Act brought by a person in the public interest. The court ca...

Excerpt: ...izing Substituted Service on Defendant Realty Holdings PSJC LLC by Serving the California Secretary of State The court considered the moving papers. No opposition papers were filed. RULING The motion is GRANTED. BACKGROUND On June 30, 2023, plaintiffs Ostralia J. Mathews and A'Myah Jackson, a minor, by and through her guardian ad litem, Ostralia J. Mathews filed a complaint against defendants Coastline Real Estate Advisors, Inc., South Bay Estate...

Excerpt: ...ICE. (But the Court shall ask at the hearing that the parties be prepared to discuss setting the matter for an early trial date without the need to file a new motion.) BACKGROUND On December 15, 2023, plaintiff Alma Savoy filed a complaint against defendants West Gardena Post Acute and DOES 1 through 100, alleging a cause of action for medical negligence. The complaint alleges that, in or around November 2023, plaintiff fell while in the care of ...

Excerpt: ...n, and reply papers. RULING The petition is GRANTED. Petitioner to give notice of ruling. BACKGROUND On May 24, 2023, petitioner Jennifer Lanchinebre filed a petition for leave to present late governmental claims against the City of Inglewood, County of Los Angeles, and State of California. On October 20, 2023, State of California was dismissed without pr ejudice. LEGAL AUTHORITY Before a suit for damages may be filed against a public entity, a c...

Excerpt: ...on for Summary Judgment The court considered the moving, opposition, and reply papers. RULING Defendant TMMC's Motion for Summary Judgment is GRANTED. BACKGROUND Plaintiff Claudia Mendoza underwent an ultrasound for her pregnancy on July 21, 2020, as ordered by Defendants. Defendant Albert Grabb, MD read the ultrasound that day and reported that the images suggested there was an abortion in progress. Defendant Ricardo Huete, MD thereafter prescri...

Excerpt: ...nding Party: Plaintiffs John Yelusich and Donna Yelusich Defendants Driftwood Healthcare & Wellness Center, LC, Citrus Wellness Center, LLC, and Driftwood Healthcare Center's Motion to Compel Arbitration and Stay Court Proceedings The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. Proceedings in this action are stayed pending the outcome of the arbitration. BACKGROUND On May 17, 2023 John Yelusich and Don...

Excerpt: ...t considered the moving, opposition, and reply papers. RULING The demurrer is sustained with leave to amend as to the first and second causes of action. The motion to strike is moot. Moving party is ordered to give notice of ruling. BACKGROUND On August 16, 2023, plaintiff Gary R. Herron II filed his complaint against defendants City of Los Angeles, Hyatt Corporation, and Does 1 through 30 alleging premises liability. On October 4, 2023, plaintif...

Excerpt: ...item, Kevin Clark Defendants Dignity Community Care dba Northridge Hospital Medical Center's Demurrer to the First Amended Complaint The court considered the moving, opposition, and reply papers. RULING The motion is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the first cause of action in the FAC. BACKGROUND On October 3, 2023, plaintiff Barbara Clark, by and through her guardian ad litem, Kevin Clark, filed a complaint against Prime Healthcare C...

Excerpt: ...24 Motion To Vacate and Enter Different Judgment The court considered the moving papers. No opposition or reply papers were filed. RULING The Motion to Vacate and Enter Different Judgment is denied. BACKGROUND Plaintiffs allege Defendant Los Angeles County Metropolitan Transportation Authority is using Plaintiff's private property for public usage without compensation. Plaintiffs allege Defendants Evan Rosenberg and Alvin Kusumoto converted the p...

Excerpt: ...laintiff The court considered the moving, opposition, and reply papers. RULING Defendant's Motion to Compel IME is GRANTED. However, the IME shall be limited to 4 hours and Defendant is ordered to provide results from the testing within 48 hours. Plaintiff is ordered to appear for IME on March 14, 2024 at 9:00 am within 75 miles of San Marcos, CA. BACKGROUND During the 2004- 2005 school year, Plaintiff was sexually assaulted by Thomas Wallace whi...

Excerpt: ...the moving papers. No opposition or reply papers were filed. RULING Plaintiff's Motion to Approve Consent Judgment is GRANTED. BACKGROUND On April 7, 2023, Plaintiff Keep America Safe and Beautiful, Inc. filed this action alleging violation of the Safe Drinking Water and Toxic Enforcement Act of 1986, codified at Health and Safety Code §25249.6 , et seq. (“Proposition 65”). Plaintiff alleges Defendant Viking Cue Manufacturing, LLC failed to ...

Excerpt: ...ULING The motion is GRANTED. BACKGROUND On December 23, 2022, Jane Doe K.D. filed her complaint against Doe 1, Doe 2, and Does 3 through 60 asserting six causes of action for (1) childhood sexual abuse; (2) intentional infliction of emotional distress; (3) negligence based on Government Code §§ 815.2 and 820; (4) failure to report suspected child abuse (Government Code §§ 815.2, 815.6 and 820); (5) negligent supervision of a minor (Government...

Excerpt: ...ay Proceedings The court considered the moving, opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On May 3, 2023, plaintiffs Serina Reed and Mitchell Reed filed complaint against Hyundai Motor America for violation of Song-Beverly Act – Breach of Express Warranty. On April 25, 2017, plaintiffs purchased a new 2017 Hyundai Elantra from South Bay Hyundai . (Ameripour Decl., Exhibit 2 Retail Installment Sale Contract “RISC”...

Excerpt: ... filed. RULING The unopposed petition is GRANTED provided that petitioner files proof of service that the petition and supporting documents were served on respondent. BACKGROUND Petitioner Herbert Neslon Messick filed a petition to confirm the arbitration award and for entry of judgment against respondent Cetera Advisor Networks LLC pursuant to CCP § 1280, et seq. Petitioner seeks an order of judgment confirming the final and binding Financial I...

Excerpt: ...g, opposition, and reply papers. RULING Defendant Green Hills Memorial Park's Demurrer is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. Defendant's Motion to Strike is GRANTED WITH 20 DAYS LEAVE TO AMEND. BACKGROUND Plaintiff alleges she was confronted by Defendant Green Hills Memorial Park's employees regarding her presence at Green Hills Memorial Park, where Plaintiff's daughter is buried. Plaintiff alleges she was visiting her daughter and was entitl...

Excerpt: ...e demurrer is SUSTAINED with 20 days leave to amend. BACKGROUND On August 17, 2023, plaintiff 2522 The Strand LLC filed a complaint against defendants Brian Taylor for unlawful detainer. LEGAL AUTHORITY When considering demurrers, courts read the allegations liberally and in context. Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1216, 1228. “A demurrer tests the pleadings alone and not the evidence or other ext...

Excerpt: ...ion papers. The court had granted defendants' ex parte application shortening time. RULING The motion is GRANTED. Defendants are ordered to file a cross- complaint within five days. The FSC and trial date are vacated. The court sets an OSC re _____ for ________. BACKGROUND On November 7, 2022, plaintiff Phillip Robert Sarabia, Jr. filed a complaint against Ernie Johnson, CPP Group Holdings, LLC, and Jenetta Fisher for motor vehicle negligence and...

Excerpt: ...nt The court considered the moving papers. No opposition was filed. RULING The motion for summary judgment is GRANTED. BACKGROUND On February 9, 2021, Esonie Cain, individually and as personal representative of the Estate of Loquita Crawford Ervin, filed a complaint against Luzviminda Montecillo, M.D., Centinela Hospital Medical Center, and Century Villa, Inc. for medical malpractice/wrongful death. On June 2, 2022, the court granted defendant Pr...

Excerpt: ... considered the moving, opposition, and reply papers. RULING The motion is GRANTED in part. Defendant UBC is ordered to respond further in compliance with CCP §2031.220, et seq. and to produce responsive documents in response to Nos. 4, and 8, within 20 days. The parties should be prepared to argue requests 5, 6 and 7. Defendant UBC is ordered to serve a privilege log within 20 days. The motion is DENIED as to Nos. 1, 2, 3, and 9. BACKGROUND On ...

Excerpt: ...d the moving and opposition papers. RULING The motion is GRANTED. Defendants are ordered to file the cross-complaint within five days. BACKGROUND On June 8, 2023, plaintiffs Theodore Halkias and Jill Halkias filed an unlawful detainer complaint against Rory Kuhn and Je'Nai Kuhn based on a three-day notice to pay rent or quit, based on monthly rent of $10,000, for property located at 1605 Magnolia Avenue, Manhattan Beach. On July 17, 2023, on the ...

Excerpt: ...n, and reply papers. RULING The motion for summary judgment is CONTINUED to ___[confer with parties]____. BACKGROUND On February 9, 2022, plaintiffs TelcoLynx, LLC and The Roosk Group Inc. filed a complaint against Jamie McDaniel, Friendly Llama, Inc, Diane Zane, and Zane Consulting, Inc. for (1) breach of contract, (2) breach of covenant of good faith and fair dealing, (3) breach of fiduciary duties, (4) fraud, (5) rescission of contract, and (6...

Excerpt: ... and reply papers. RULING The demurrer is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 2 nd, 3 rd, and 4 th causes of action and OVERRULED as to the 6 th cause of action in the complaint. BACKGROUND On April 18, 2023, plaintiffs Nazanin Soleimany, Connor Mackey, and Ziba Soleimany filed a complaint against Abdul J. Sheriff, C On Adams, LLC, and Eagle Eye Home & Sewer Line Inspection Group LLC for (1) breach of written contract, (2) breach of f...

Excerpt: ...and Issuance of Writ of Attachment The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED in the amount of $93,031.75, and conditioned upon plaintiff's payment of an undertaking in the amount of $10,000 as to each defendant and submission of a proposed right to attach order and order for issuance of writ of attachment after hearing (Form AT-120). BACKGROUND On September 28, 2022, plaintiff Philadelphia Indemni...

Excerpt: ...e moving, opposition, and reply papers. RULING The motion is GRANTED. The preliminary injunction issued on September 15, 2023 is set aside, the TRO remains in place, and the court sets an OSC hearing re preliminary injunction for [parties to address]. BACKGROUND On April 19, 2023, plaintiff Martin Hutto filed a complaint against City of Torrance and Torrance Police Department for (1) violation of POBRA, (2) declaratory relief, and (3) Labor Code ...

Excerpt: ... Gamboa Motion for Summary Judgment The court considered the moving, opposition, and reply papers. RULING The motion for summary judgment is GRANTED. BACKGROUND On July 24, 2019, plaintiff Ramona Murillo Gamboa filed a complaint against defendants Los Angeles World Airports, City of Los Angeles, SAS Services Group, Concesionaria Vuela Compania de Aviacion S.A.P.I. De C.V., and Controladora Vuela Compania de Aviacion, S.A.B. De C.V. for (1) premis...

Excerpt: ...pon plaintiff's payment of additional $120 in filing fees. The motion is DENIED as to Form Interrogatory No. 50.1 and Special Interrogatory No. 1. Defendant DCW Logistics Services, Inc. is ordered to respond further to plaintiff's Form Interrogatory No. 17.1 and Requests for Production, Nos. 1-7 within 20 days. The court awards sanctions in favor of plaintiff Alpine and against defendant and defense counsel in the amount of $860 to be paid within...

Excerpt: ...pposition, and reply papers. RULING The motion is GRANTED. Defendant General Motors, LLC is ordered to produce its PMQ(s) within 20 days on a mutually agreeable date and time on the categories as set forth in the notice of deposition. BACKGROUND On February 21, 2023, plaintiffs Renee Khang and Richard Khang filed a complaint against General Motors LLC for violations of Song Beverly Act. On November 16, 2023, the court granted plaintiffs' motion t...

Excerpt: .... RULING The motion is DENIED. BACKGROUND On February 28, 2023, plaintiff Liliana Ramirez filed a complaint against Nissan North America, Inc. for violations of Song-Beverly Act and fraudulent inducement-concealment with respect to a 2020 Nissan Murano. LEGAL AUTHORITY Under CCP § 1281, a “written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and revocable, save upon such g...

Excerpt: ... LEAVE TO AMEND as to the 2 nd cause of action. Defendant is ordered to file an answer within 20 days. BACKGROUND On March 29, 2023, plaintiff Diane Burnett filed a complaint against City of Santa Monica for (1) negligence and (2) negligence and statutory liability. LEGAL AUTHORITY When considering demurrers, courts read the allegations liberally and in context. Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1216,...

Excerpt: ...reliminary injunction is GRANTED except as to JPMorgan Chase Bank, N.A. The preliminary injunction is DENIED as to JPMorgan Chase Bank, N.A. BACKGROUND On November 17, 2023, Palm West Escrow, Inc. filed a complaint against Capital One, N.A. and Does 1-50 for (1) declaratory relief, (2) breach of implied contract (against Does), (3) fraud/conversion (against Does), and (4) money had and received/unjust enrichment. On November 28, 2023, the court g...

Excerpt: ...tiff to Answer Special Interrogatories, Set No. One (3) Motion for Order Compelling Plaintiff to Respond to Demand for Production, Set No. One The court considered the moving papers. No opposition was filed, although Plaintiff's counsel filed a statement attesting that his client is not cooperating with him and he should not be sanctioned. RULING The motions are GRANTED. Plaintiff is ordered to respond without objections to defendants' Form and S...

Excerpt: ... (2) Motion to Strike Portions of Complaint The court considered the moving, opposition, and reply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 5 th and 6 th causes of action and SUSTAINED WITH TEN DAYS LEAVE TO AMEND as to the 7 th cause of action. The motion to strike is GRANTED WITH LEAVE TO AMEND. BACKGROUND On June 30, 2023, Ostralia J. Mathews and O'Myah Jackson, a minor by and through her guardian, Ostralia J. ...

Excerpt: ...The demurrer is OVERRULED as to the Fifth and Sixth causes of action in the complaint. Defendants are ordered to file answers within 20 days. BACKGROUND On October 2, 2023, plaintiff Karen McManus filed a complaint against Ford Motor Company and Auto Nation Ford Valencia for (1) violation of Civil Code §1793.2(d), (2) violation of Civil Code §1793.2(b), (3) violation of Civil Code §1793.2(a)(3), (4) breach of the implied warranty of merchantab...

Excerpt: ...DENIED. BACKGROUND On November 21, 2022, plaintiff Jane Doe R.H. filed a complaint against defendants Doe 1, Doe 2, and Doe 3 through 60 for (1) childhood sexual abuse, (2) IIED, (3) negligence based on Gov. Code §§815.2 and 820, (4) failure to report suspected child abuse, (5) negligent supervision of a minor, and (6) negligence. Plaintiff alleges that in 1993/1994 schoolyear when she was around 16 or 17 years old and a student at Leuzinger Hi...

Excerpt: ...rt orders plaintiff to respond further without objections to defendants' form and special interrogatories, set one and requests for production of documents, set one within 30 days. BACKGROUND On June 12, 2023, plaintiff Jorge Alberto Marenco filed a complaint against defendants Paul Plotkin and 923 1 st Street MB, LLC for general negligence and premises liability. On August 18, 2023, Paul Plotkin and 923 1 st Street MB, LLC filed a cross-complain...

Excerpt: ...3) negligence, (4) negligent misrepresentation, (5) fraud, (6) violation of Penal Code §496(A), and (7) violation of Bus. and Prof. Code §17200. On August 21, 2023, The North River Insurance Company filed a cross-complaint against Chris Le, ind. and dba The Electrician for indemnity, statutory reimbursement, and contribution. LEGAL AUTHORITY When considering demurrers, courts read the allegations liberally and in context. Taylor v. City of Los ...

Excerpt: ..., 2023, the court granted plaintiff's ex parte application to file certificates of merit under seal. LEGAL AUTHORITY CCP §340.1 states, in part: “(l) At any time after the action is filed, the plaintiff may apply to the court for permission to amend the complaint to substitute the name of the defendant or defendants for the fictitious designation, as follows: (1) The application shall be accompanied by a certificate of corroborative fact execu...

Excerpt: .... The case is STAYED. BACKGROUND On January 17, 2023, plaintiff Larry Tang filed a complaint against Fadi K. Rasheed and Leech Tishman Fuscaldo & Lampl, Inc. for (1) professional negligence (legal malpractice), (2) breach of contract, and (3) breach of fiduciary duty. Plaintiff alleges that in October 2021, plaintiff retained defendants to represent his interests in a business tort and contract action brought against one of plaintiff's former bus...

Excerpt: ...t considered the moving, opposition, and reply papers. RULING The motions to compel are ruled on as stated below. The motion for protective order is ruled on as stated below. BACKGROUND On December 20, 2022, plaintiff HL Group 2 Limited Partnership filed a complaint against defendants Trang Luyen, Truc Luyen, Huan Luyen, Loanco Mortgage Services LLC (“Luyen defendants”), and Stephanie Lan Nguyen for (1) slander of title, (2) cancellation of i...

Excerpt: ...ff Stanley Matthews filed a complaint against defendants Centinela Hospital Medical Center Auxiliary, Cedars Foot & Ankle Center, and Ashkan Soleymani, M.D. for (1) professional negligence/medical malpractice and (2) negligent misrepresentation. On August 28, 2023, at the post-mediation status conference, the court ordered the parties to meet and confer re deposition schedule and discovery. On October 31, 2023, at the post-mediation status confer...

Excerpt: ...efendant is ordered to file an answer within ten days. BACKGROUND On May 12, 2023, plaintiffs Dominic Smith and Dominic Smith Jr. filed a complaint against 21007 Victor Owner LLC for (1) violation of Civil Code §1942.4, (2) tortious breach of the warranty of habitability, (3) private nuisance, (4) violation of Business and Professional Code §17200, et seq., (5) negligence, (6) breach of covenant of quiet enjoyment, (7) intentional infliction of...

Excerpt: ...Act (“FEHA”); (2) Hostile Work Environment in Violation of the FEHA; (3) Retaliation in Violation of the FEHA; (4) Failure to Provide Reasonable Accommodations in Violation of the FEHA; (5) Failure to Engage in the Interactive Process in Violation of the FEHA; (6) Failure to Prevent Discrimination, Harassment, or Retaliation in Violation of the FEHA; (7) Violation of California Family Rights Act (“CFRA”); and (8) CFRA Leave Retaliation. P...

Excerpt: ... made an oral motion for leave to amend his complaint, which the Court denied. Just before that hearing, Plaintiff filed the current motion for leave to amend his complaint on the basis that he wished to supplement the information in his complaint as to his alleged protected disclosures. Plaintiff did not file this motion until after he had viewed the Court's tentative decision granting Defendant's motion for summary judgment. (Motion at p. ii.) ...

Excerpt: ...cket that Plaintiff filled out when she was hired by Defendant was an agreement to arbitrate. Plaintiff signed the Employee Acknowledgement and Agreement form via DocuSign when she began working on March 15, 2022. The Agreement included a clause in which Plaintiff agreed to utilize the binding arbitration process for employment disputes that is outlined in the employee handbook. Plaintiff was given a copy of the handbook with her New Hire Packet....

Excerpt: ..., where she had had work done previously by other periodontists, and Defendant noted that if Plaintiff wants him to treat her, she needed to become his patient and start from the beginning. (UMF 15.) On August 6, 2020, Defendant told Plaintiff that he could redo the bridge, but Plaintiff indicated that she wanted an implant and not a new bridge. (UMF 16.) Plaintiff last presented to Esthetic Professionals on October 9, 2020, when her bridge was r...

Excerpt: ...fabricators of “toxic” stone products that the Decedent worked with throughout his career in the construction industry from 1996 to 2022. Plaintiffs allege that the Decedent developed silicosis and other injuries from which he died on February 16, 2023, and that the silicosis was a result of working with the stone products. II. ANALYSIS A. Motion to Strike Defendant has moved for the Court to strike the statement on Page 21, line 25 of Plaint...

Excerpt: ...y of the Declaration of Aaron Buckley showing that Defendant had offered to mediate. The Court continued this motion and granted Plaintiff the right to “submit its evidence responsive to the Buckley Declaration.” (Nov. 28, 2023 Minute Order.) Plaintiff apparently misunderstood the intended breadth of the Order, as Plaintiff has submitted materials that do not respond to the Buckley Declaration. The Court has reviewed the Declaration of Patrri...

Excerpt: ...$7,500, as well as Plaintiffs' costs, expenses, and attorney fees. Plaintiffs are requesting a total of $107,856 in attorney fees, claiming that these fees are reasonable for the work performed. Defendant Kia America, Inc. (Defendant) argues that Plaintiffs' requested fees are not reasonable. Defendant argues that Plaintiffs' attorneys have billed excessive time for preparing written discovery and deposition, for drafting the meet and confer lett...

Excerpt: ...d on April 30, 2022. Plaintiff alleges that she is a credentialed member of the press and a transgender woman of color. (Comp., ¶ 10.) Plaintiff alleges that she was filming outside the Wilshire Boulevard Temple as a part of a journalistic piece that she was doing on the lack of congregants adhering to health mandates in relation to the global pandemic. (Comp., ¶ 11.) Plaintiff was filming a vehicle entering the property and standing at the pro...

Excerpt: ...s personal jurisdiction over Defendant. Defendant is a distributor of quartz slabs supplied by a Vietnamese quartz manufacturer. Defendant is a Texas limited liability company with its principal place of business in Dallas. Defendant argues that it lacks sufficient ties with California for the Court to exercise general jurisdiction over Defendant and that Defendant has not purposefully availed itself of forum benefits for specific jurisdiction to...

Excerpt: ...14, to the present in the position of Administrative Assistant I in Pasadena City College's (PCC) Office of Strategic Communications and Marketing. (UMF 1.) Plaintiff alleges that at the time of her hire, she was improperly placed at the lowest pay level for her position. (UMF 2.) Plaintiff alleges that she performed job duties outside of her job classification starting in September 2014. (UMF 3.) Plaintiff alleges that on December 10, 2014, and ...

Excerpt: ... to be alleging that it entered into some type of agreement with Defendant Los Angeles County MTA (Defendant) for the usage of the Tap App in 2014. Plaintiff's Third Amended Complaint (TAC) does not include the specific terms of the agreement or have the agreement attached to the TAC. In Plaintiff's TAC, Plaintiff has sued Defendant along with Defendant's employees: Alvin Kusumoto, Evan Rosenberg, and Stephanie Wiggins. The TAC seems to include j...

Excerpt: ...iff) served Defendant Greystar California, Inc. (Defendant) with Form Interrogatories and Requests for Production of Documents. After Plaintiff gave Defendant an extension, responses were due by December 4, 2023, but no responses were received. (Motions at p. 3.) Plaintiff filed these motions on December 5, 2023. Plaintiff seeks an order compelling responses to the form interrogatories and requests for production. Plaintiff seeks sanctions in the...

Excerpt: ... 2023. Plaintiff filed his (late) Opposition June 20, 2023. City of Alhambra filed a Reply on June 23, 2023. On June 26, 2023 the Court sustained the Demurrer noting: “First and foremost, since Plaintiff's complaint is against a government entity, for the complaint to survive it would have needed to include an allegation that Plaintiff complied with the Government Tort Claims Act. There is no such allegation. Accordingly, Defendant's demurrer m...

Excerpt: ...eges that she obtained a judgment against Flowers and filed a judgment lien against the property. Thus, she claims that she is entitled to the excess proceeds from the foreclosure. Defendant SBS Trust Deed Network answered and filed a Cross-Complaint in interpleader claiming that there are conflicting claims to the excess proceeds ($355,000) from the foreclosure. It alleged that it would pay the excess funds into the Court. It has not done so. Bo...

Excerpt: ...Act and negligent repair of the vehicle. Plaintiff's Song-Beverly claims arise out of the written warranty provided by Mercedes-Benz. The written warranty provided by Mercedes-Benz does not contain an arbitration provision. The dealer that sold the vehicle to Plaintiff entered into a retail sales contract with the Plaintiff. It expressly disavowed any warranties. (Paragraph 4.) But it contained an arbitration provision. So, having chosen to NOT i...

Excerpt: ...of Plaintiffs' First Amended Complaint, Plaintiffs have requested exemplary (punitive) damages and attorney fees for the Second and Third Causes of Action in their demand for judgment. Defendant filed this motion to strike in order to strike Plaintiffs' requests for exemplary damages and attorney fees. Plaintiff entered into a written contract with Defendant for a one-way private jet aircraft trip from Maui Hawaii to Van Nuys California, to be ta...

Excerpt: ... of showing that there were triable issues of fact for her causes of action for sexual harassment, FEHA retaliation, and whistleblower retaliation against Defendant. Judgment was entered in favor of Defendant on August 21, 2023. On October 27, 2023, Defendant filed its Memorandum of Costs, in which it is requesting $19,071.90 in costs. On November 9, 2023, Plaintiff filed her motion to strike Defendant's memorandum of costs. Plaintiff filed the m...

Excerpt: ...ach of duty of good faith and fair dealing and breach of contractual duty to pay a covered claim against Defendant. As part of her claim for relief, Plaintiff is requesting punitive damages against State Farm. Defendant is requesting that the Court bifurcate the liability phase of the trial from the punitive damages part of the trial so that Defendant must first be found to have acted with malice, fraud, or oppression before Defendant must disclo...

Excerpt: ...f) has sued Defendant Child Care Resource Center, Inc. (CCRC) (Defendant) for two causes of action: negligence and violation of mandatory duty. Defendant CCRC provides childcare referrals for licensed childcare provides to parents and guardians. (UMF 1.) Plaintiff's mother and guardian ad litem, Ashley Holmes, utilized CCRC's services. (UMF 2.) Holmes understood that CCRC was not responsible for licensing the childcare providers for which CCRC pr...

Excerpt: ...tion for Summary Judgment, or, in the Alternative, Summary Adjudication Forouzan Golshani vs. Board of Trustees of the California State University, 20STCV40168 Moving Parties: Defendant Board of Trustees of the California State University Responding Party: Plaintiff Forouzan Golshani I. Background Plaintiff Forouzan Golshani (Plaintiff) was Dean of the of the College of Engineering at California State University Long Beach (CSULB) from 2007 to 20...

Excerpt: ...is to ask the Court to follow the interpretation of law noted by another Superior Court Judge. Rule of Court 8.1115 essentially provides that only published California Supreme Court or Cout of Appeal decisions may be cited. Other cases “must not be cited or relied on by the court or a party in any other action.” How does this rule apply to (unpublished) Superior Court rulings by other judges? Perhaps the failure of the Rule to address this qu...

Excerpt: ... Defendant. The cause of action at issue in the demurrer is Plaintiff's Seventh Cause of Action for Sexual Assault and Battery. Plaintiff's cause of action for Sexual Assault and Battery is based on her allegations that her former Leader on Duty, Eros Surla kissed her and touched her in an inappropriate manner while she was at work. (FAC, ¶¶ 29-32, 134, 135.) Plaintiff filed her FAC on September 25, 2023. Defendant filed this demurrer on Octobe...