Excerpt: ...derlyi & Associates, Inc., Peter T. Erdelyi and Sayed Attaalia's Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 2 nd cause of action for fraud and OVERRULED as to the 1 st cause of action for breach of contract, 3 rd cause of action for negligence, 4 th cause of action for violation of B&PC §17200, 5 th cause of action for breach of the implied covenant of good faith and fair dealing and 6 th cause of action for declaratory relief. I. 1 ...

Excerpt: ... and Scott Walter RESP. PARTY: Plaintiff Gert Besson TENTATIVE RULING Defendants 1238 10 th Street, LLC, NMS Properties, Inc., NMS Residential, LLC, My Suite, LLC, WNMS Communities, LLC, Neil Shekhter, Margot Shekhter, Adam Shekhter and Scott Walter's Demurrer is OVERRULED. Defendants 1238 10 th Street, LLC, NMS Properties, Inc., NMS Residential, LLC, My Suite, LLC, WNMS Communities, LLC, Neil Shekhter, Margot Shekhter, Adam Shekhter and Scott Wa...

Excerpt: ...gers, Jr. TENTATIVE RULING Defendants TKAT, Inc. d/b/a Volvo of Santa Monica and Ally Bank's Motion for Summary Judgment is GRANTED. Defendants TKAT, Inc. and Ally Bank are only named in the first cause of action for violation of the Consumer Legal Remedies Act (“CLRA”). Plaintiff alleges Defendants violation Civil Code §1770(a)(7) and (14) when they failed to disclose that the engine was “flagged” and therefore could not be repaired. �...

Excerpt: ...cause of action for Housing Discrimination based on Income is GRANTED. Undisputed facts establish that Defendants violated S.M.M.C. §4.28.030 by discriminating against St. James based on source of income. See Defendants' SSUMF Nos. 3-9. Under S.M.M.C §4.28.030(a), “It shall be unlawful for any person offering for rent or lease, renting, leasing, or listing any housing accommodation, or any authorized agent or employee of such person, to do or...

Excerpt: ...cause of action for Housing Discrimination based on Income is GRANTED. Undisputed facts establish that Defendants violated S.M.M.C. §4.28.030 by discriminating against St. James based on source of income. See Defendants' SSUMF Nos. 3-9. Under S.M.M.C §4.28.030(a), “It shall be unlawful for any person offering for rent or lease, renting, leasing, or listing any housing accommodation, or any authorized agent or employee of such person, to do or...

Excerpt: ...or Change of Venue is GRANTED. Defendants' request for sanctions is DENIED. Defendants' Evidentiary Objections—SUSTAIN as to Objection Nos. 10 (“Mr. Levaton stated that he was fine…myself agreed), 11, 12 (“Our partnership agreement was formed in Los Angeles”), 18, 22, 23, 24, 27, 47, 55 and OVERRULE as to Objection Nos. 1-10 (“On March 20, 2018, Huber and Dryden traveled…that Mr. Levaton would refer to me as partner of Global.”), ...

Excerpt: ...ino and Patty Kranker RESP. PARTY: Plaintiff AJ DOE, a minor by her Guardian Ad Litem, JB Doe TENTATIVE RULING Defendants LAUSD, Kathy Flores, Jeannie Micelli, Bernadette Duffy, Eduardo Merino and Patty Kranker's Motion for Summary Judgment or in the alternative, Summary Adjudication is DENIED. Defendants' Objections to Plaintiff's Evidence Objections to Dec. of JB Doe—SUSTAINED as to Objection No. 8 and OVERRULED as to Objections 1-7, 9- 26. O...

Excerpt: ...rs, Inc. d/b/a Reaume Richardson and Rapid Gas, Inc. TENTATIVE RULING Plaintiff/Cross-Defendant Advanced Framing Structures, Inc.'s Demurrer to Cross-Complaint of City Constructors, Inc. d/b/a Reaume Richardson is SUSTAINED WITHOUT LEAVE TO AMEND to the 2nd cause of action for equitable indemnification and OVERRULED as to the 1 st cause of action for breach of contract, 3 rd cause of action for express indemnification and 4 th cause of action for...

Excerpt: ...mas, M.A.E.C. LLC and Healthcare Deal Team TENTATIVE RULING Plaintiffs' Motion for Preliminary Injunction is DENIED. Plaintiffs seek issuance of a preliminary injunction based on their causes of action misappropriation of trade secret and unfair competition. Plaintiffs must establish the likelihood that (1) the likelihood of prevailing on these causes of action; (2) the existence of irreparable harm/inadequacy of legal remedies, i.e. a real threa...

Excerpt: ...rrer is OVERRULED. Defendants' Motion to Strike is DENIED. Defendants to answer in 10 days. I. 2 nd cause of action for financial elder abuse—OVERRULED Financial elder abuse “occurs when a person or entity does any of the following: (1) [t]akes, secretes, appropriates, obtains, or retains real or personal property of an elder ... for a wrongful use or with intent to defraud, or both[;] [¶] (2) [a]ssists in taking, secreting, appropriating, o...

Excerpt: ... Jesus Hernandez RESP. PARTY: (1) Defendant Pacific West Construction Services, Inc. (2) Cross-Defendant KN Coatings TENTATIVE RULING Cross-Defendant KN Coatings Application for Determination of Good Faith Settlement is GRANTED. KN Coatings' $8500 settlement is not disproportionately low based on the evidence of Ramo's approximate recovery and KN Coatings' proportionate liability. Pac West fails to establish that the settlement is in bad faith. C...

Excerpt: ...itration Award is GRANTED. The proposed order and judgment are amended to include a dismissal of Plaintiff's 2 nd, 3 rd and 4 th causes of action for negligent misrepresentation, CC §895, et seq. and negligence. Plaintiff is to submit a new proposed order. “Any party to an arbitration which an award has been made may petition the court to confirm, correct or vacate the award.” CCP §1285. “A petition under this chapter shall: (a) set forth...

Excerpt: ...t to CCP §425.16(c) is GRANTED in the reduced amount of ________________ in fees and $911.69 in costs. The Court's reduction of fees reflects Defendant's partial victory on Defendant's SLAPP Motion. Defendant Gonzalez partially prevailed on the SLAPP motion filed on 5-9-22 and heard on 9-15- 22. Defendant's SLAPP Motion was granted as to the fraud cause of action and denied as to the trespass and conversion causes of action. Defendant achieved a...

Excerpt: ...imited Partnership TENTATIVE RULING Defendant Amber Lease's Demurrer is OVERRULED and Motion to Strike is DENIED. Lease to answer in 20 days. I. Demurrer to 8 th cause of action for civil theft (Penal Code §496(c))—OVERRULE “Any person who has been injured by a violation of subdivision (a) or (b) may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorney's fees...

Excerpt: ... Construction Law, APC's Motion to Transfer Venue is GRANTED. Defendants are to submit the proposed order. I. Motion is not brought pursuant to CCP §396b and is timely “Except as otherwise provided in Section 396a, if an action or proceeding is commenced in a court having jurisdiction of the subject matter thereof, other than the court designated as the proper court for the trial thereof, under this title, the action may, notwithstanding, be t...

Excerpt: ...ntiff Ekoh Investment, Inc. RESP. PARTY: Non-party Deponent Gregory S. Kim TENTATIVE RULING Plaintiff's Motion to Compel Production of Documents by Gregory S. Kim of the Law Office of Gregory S. Kim and Request for Sanctions against the Law Office of Gregory S. Kim in the Amount of $3920 is GRANTED as to the request to compel and DENIED as to sanctions. Plaintiff moves to compel documents from Gregory S. Kim in response to RFP Nos. 1-18 contained...

Excerpt: ...E RULING Defendant Michael Wibben, Administrator of the Estate of Charles R. Nauert's Motion to Quash Service of Summons is GRANTED. Plaintiff sued Defendant Michael Wibben in his representative capacity as administrator of the Estate of Charles R. Nauert. See Summons on Complaint filed on 11-8-22. Wibben was discharged as the administrator of the Estate on 6-13-22. See Motion, RJN, Ex. F. Wibben argues the Court must grant this motion to quash a...

Excerpt: ...4 of Varughese's Declaration and SUSTAINED as to ¶¶5-9 of the Varughese Declaration. Plaintiff's evidentiary objections to ¶¶3-5 of the Poulter Declaration are SUSTAINED. Defendant's objections to Grace Kang's declaration (# 1-4) are SUSTAINED the objection to the declaration of B. Brogan (#5) is OVERRULLED. “Litigation of an anti-SLAPP motion involves a two-step process. First, the moving defendant bears the burden of establishing that the...

Excerpt: ... to Complaint is OVERRULED. Defendant Apguard to answer in 20 days. I. Whether Apguard Medical Inc. is subject to products liability cannot be determined on this demurrer Defendant Apguard demurs to the 1 st and 2 nd causes of action for products liability on grounds that it is a service provider, not a retailer or distributor of the BiPAP machine that allegedly caused decedent's death. Defendant Apgaurd argues that, as a medical service provider...

Excerpt: ...s Philip W. Boesch, Jr, APC and Philip W. Boesch, Jr.'s Motion for Summary Judgment is DENIED. Defendants' Requests for Judicial notice (RJN) (2) are GRANTED. Plaintiff's RJN is GRANTED. Defendant's objections to the declaration of Gina Lomeli are OVERRULED. Defendants move for summary judgment of Plaintiffs' causes of action for breach of lease agreement and breach guaranty. Defendants' motion is based on the affirmative defense set forth in Sec...

Excerpt: ...r conversion and 6 th cause of action and SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 st cause of action for trespass to chattels, 3 rd cause of action for negligence, 4 th cause of action for negligence per se (Penal Code §459), 5 th cause of action for negligence per se (Penal Code §484) and 7 th cause of action for breach of the implied covenant of good faith and fair dealing. Defendant Ammari's Motion to Strike is DENIED. Defendant to answ...

Excerpt: ...: Plaintiff Goldman Sachs Bank USA TENTATIVE RULING Plaintiff Riehl Construction Consulting, LLC's Motion for Release of Funds Held in Blocked Account Payable to Riehl Construction Consulting, LLC is DENIED. I. Riehl's judgment in 20SMCV01378 does not entitle it to release of the blocked funds “Due process requires service of a complaint that names as defendants all persons who have a title interest in, or a lien on, the premises and will be af...

Excerpt: ...and (2) Defendants/Cross-Complainants Darrell Roy Enterprises, Inc. and Michael Roy TENTATIVE RULING Plaintiff/Cross-Defendant Maliview Estates' Demurrer to Cross-Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. Plaintiff/Cross-Defendant Amit Apel's Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. “Equitable indemnity is an equitable doctrine that apportions responsibility among tortfeasors responsible for the same indivisible injury on a comparativ...

Excerpt: ...aith Settlement Determination is GRANTED. Background Plaintiff Rafael Garcia (“Plaintiff”) alleges as follows: On October 14, 2019, at approximately 7:40 p.m., Plaintiff was riding his motorcycle northbound on Grand Avenue in Diamond Bar (“City”) when Afzal M. Hai (“Afzal”), driving southbound of Grand Avenue, turned left onto Cleghorn Drive resulting in a collision. City and County of Los Angeles (“County”) created a dangerous co...

Excerpt: ...Matter to Trial Within Five Years is DENIED. The trial court lacks jurisdiction to dismiss this case in response to a motion to dismiss filed by Fichman's counsel. “The defendant here having died, the court could have allowed the action to continue against her personal representative or her insurer, but it could take no action without someone to defend the case. The record shows neither the appointment of a personal representative for defendant...