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: ... 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: ...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: ...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: ...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: ...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: ...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: ... 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,...