Excerpt: ... the moving, opposition, and reply papers. RULING The motion is GRANTED IN PART and DENIED IN PART. The motion is GRANTED as to filing an amended complaint as to the proposed second and third causes of action and DENIED as to adding the proposed fourth cause of action against Hyatt Corporation. Plaintiff is ordered to file a First Amended Complaint within ten days. BACKGROUND On August 16, 2023, plaintiff Gary R. Herron, II filed a complaint agai...

Excerpt: ... the (corrected) SAC within five days. BACKGROUND On June 7, 2023, plaintiff Michael Ward filed a complaint against City of Torrance and Eino Jussila Pentti for motor vehicle negligence. It is missing the cause of action attachment to the form complaint. On September 12, 2023, plaintiff filed a FAC alleging an incident that occurred on June 9, 2022 at Torrance Blvd. and Madrid Ave. LEGAL AUTHORITY CCP § 473(a)(1) provides, in relevant part: “T...

Excerpt: ...videntiary Sanctions, and Awarding a Monetary Sanction (as to Jorge Chilel) (2) Motion for an Order Imposing a Terminating Sanction, or in the alternative, Evidentiary Sanctions, and Awarding a Monetary Sanction (as to Everlido Chilel) The court considered the moving papers. No opposition was filed. RULING The motions for terminating sanctions are GRANTED. The First Amended Complaint is DISMISSED WITH PREJUDICE. BACKGROUND On October 24, 2022, pl...

Excerpt: ...on is DENIED. BACKGROUND Judgment was entered on November 3, 1987 in favor of plaintiffs Frank Wilson, Thelma Wilson, Johnnie Wilson, and Lonnie Wilson against defendants Delta Homes, Inc., Delta Omni Corporation, Corporate Development, Brad Handy, Joe Polifroni, Kevin Williams, C hris Kalageris, and Theadore Kalogeris. The judgment was renewed on October 15, 1997 and on September 20, 2007 for $427,670. On September 20, 2007, judgment creditor fi...

Excerpt: ...t considered the moving, opposition, and reply papers. RULING The demurrer to the first cause of action in the complaint is SUSTAINED WITH TWENTY DAYS LEAVE TO AMEND. The motion to strike is GRANTED WITH TWENTY DAYS LEAVE TO AMEND as to the first cause of action and prayer at no. 1 for attorney's fees and prayer at no. 3 for punitive and exemplary damages. BACKGROUND On May 11, 2022, plaintiff Paula Renee Pruitt filed a complaint against Providen...

Excerpt: ... RULING The demurrer is OVERRULED as to the first cause of action in the FAC. Defendants are ordered to file an answer within 20 days. 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. On Ma...

Excerpt: ...n for summary adjudication is MOOT in light of the ruling on the motion for summary judgment. BACKGROUND On April 12, 2023, plaintiff American Express National Bank filed a complaint against defendant Joel Portillo for common counts (open book account and account stated). On July 25, 2023, a default was entered against defendant. On August 30, 2023, a default judgment was entered. On August 30, 2023, the parties stipulated and the court ordered t...

Excerpt: ... opposition, and reply papers. RULING The motion to compel further responses to plaintiff's Request for Production of Documents, Nos. 1, 3, 7, 11, 18, 19, 21, and 31 is DENIED as to compelling further responses or production of documents as defendant's responses were code- compliant and defendant responded that it was unaware of documents in its possession, custody, or control after a diligent inquiry or produced responsive documents “to which ...

Excerpt: ... motion is GRANTED. Plaintiffs are ordered to file their FAC forthwith. BACKGROUND On June 29, 2023, plaintiffs Glen Hamel and Cynthia Hamel filed a complaint against Vince Valdez for (1) breach of contract – personal guarantee and (2) common counts – goods and services rendered. LEGAL AUTHORITY CCP § 473(a)(1) provides, in relevant part: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend a...

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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ... (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: ...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: ...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: ...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: ...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...