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...

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