Excerpt: ...d Complaint filed on 12/27/2022. Defendant placed into issue Plaintiff's product liability causes of action: count one for strict liability, count two for negligence, and count three for breach of warranty. It is clear she is claiming to have suffered gallbladder problems by drinking Corona Beer (in bottles), manufactured by Defendant. The actual date of injury, however, remains unclear. The original complaint was filed on 10/18/2022. She has att...

Excerpt: ...efendant Ralph Knapp's Motion to Tax Costs as to Item 16 – Prejudgment Interest is DENIED in part and GRANTED in part. Plaintiffs Wanda Butler and Patricia Lingle's Request for Section 3291 Interest is GRANTED and REDUCED. Plaintiff Wanda Butler is awarded $3,838.19 in interest. Plaintiff Patricia Lingle is awarded $ 3,032.38 in interest. The interest is calculated out to this hearing date. Plaintiffs Wanda Butler and Patricia Lingle's Request ...

Excerpt: ...MENT OR ALTERNATIVELY FOR SUMMARY ADJUDICATION AGAINST PLAINTIFF ROSA PANIAGUA GONZALEZ'S COMPLAINT BY DEFENDANT THE UNIVERSAL CHURCH, INC. 3. MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF ISABEL LOPEZ LEMUS' COMPLAINT BY DEFENDANT THE UNIVERSAL CHURCH, INC. [TENTATIVE] ORDER: 1. Defendant The Universal Church, Inc.'s Motion for Summary Judgment and alternatively for Summary Adjudication against Plaintiffs Arcelia Quinteros and Miguel Ibarra's Co...

Excerpt: ...l Sterkel, and Carlos Gusman's request for joinder to Defendant Ford Motor Company's Motion to Dismiss is GRANTED. Introduction Defendant Ford Motor Company (Defendant) moved to dismiss Plaintiffs Michael Yadegari and Scott Goldwater's (Plaintiffs) First Amended Complaint (FAC) for lack of jurisdiction. Procedure Defendant argued that Plaintiffs' Opposition and the concurrently filed Declaration of Scott Goldwater, filed on February 9, 2023, is i...

Excerpt: ...ruled. Response to complaint due in 30 days. Introduction Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, and Southern California Permanente Medical Group (collectively, Defendants) moved to arbitrate and stay the Complaint by Plaintiff Mike Gevshanyan, by and through his Guardian Ad Litem, Agapi Gevshanyan and Agapi Gevshanyan. Procedure Plaintiffs objected to the admissibility of Defendants' Petition Exh. D on sever...

Excerpt: ...ration is DENIED. Introduction Defendant Northridge Care Center, Inc. (Defendant) separately moved to compel arbitration and stay plaintiff Vera Hoos' (plaintiff) action pending arbitration. Discussion Defendant argued that the parties entered into an arbitration agreement on November 13, 2020. The statutory scheme for enforcing arbitration agreements provides for a summary way in the manner and upon the notice provided by law for making and hear...

Excerpt: ...l on several statutory grounds: irregularity in the proceedings of the Court or adverse party; accident or surprise; newly discovered evidence; inadequate damages; insufficient evidence, or decision is against the law; and error in law during the trial. (Code Civ. Proc. sec. 657(1), and (3) - (7).) Further, Plaintiff alternatively requested that the Court take actions to change or add to the FSOD, modify, or vacate the judgment, grant new trial, ...

Excerpt: ...fendant Alice Minassian (Defendant) demurred to Plaintiff Armen Minassian (Plaintiff) Complaint. Discussion: Defendant's request for judicial notice and supplemental request for judicial notice is GRANTED but only as to the existence of the documents and not as to any hearsay or facts in dispute. Defendant argued that Plaintiff lacks standing to prosecute this action because Plaintiff filed a Chapter 7 Bankruptcy Petition after the instant action...

Excerpt: .... The Court enters Judgment against Defendants ECS Builders Group Inc. and Edan Cohen in the amount of $15,000.00 plus.$1,213.37 in attorneys' fees and costs. Introduction Plaintiff Eilene Krakover (Plaintiff) moved to enforce the settlement and have judgment entered against Defendant ECS Builders Group Inc. and Edan Cohen (Defendants.) Plaintiff's reply was due February 8, 2023. A reply was not filed. Discussion Courts are empowered to enter jud...

Excerpt: ... defenses. Introduction Plaintiff Edith Liberatore (Plaintiff) demurred to Defendant The 4455 Fulton Homeowners' Association, Inc's (Defendant) First Amended Answer (FAA.) Plaintiff put into issue all of Defendant's affirmative defenses (AD) except the twelfth AD alleging a statute of limitations defense. Discussion Plaintiff argued that Defendant's ADs failed to plead sufficient facts and are uncertain. The argument as to insufficient fact plead...

Excerpt: ...laintiff Jennifer Granados (Plaintiff) First Amended Complaint (FAC.) Discussion Defendant argued that there are insufficient facts to support the claim for punitive damages because facts are not pled to show malice, oppression, or fraud. Plaintiff argued that there is sufficient fact pleading to show Defendant's conscious disregard of the safety of others to show malice. The conscious disregard of the safety of others may constitute malice, and ...

Excerpt: ...irst and second causes of action and OVERRULED as to the third and fourth causes of action. Answer to the SAC shall be filed within 20 days. Plaintiff Robert Allen's Requests for Judicial Notice filed on January 25, 2023, and January 26, 2023 are GRANTED but not as to any hearsay or facts in dispute. Introduction Defendant Shellpoint Mortgage Servicing (Defendant) demurred to Plaintiff Robert Allen's (Plaintiff) Second Amended Complaint (SAC.) De...

Excerpt: ...rance Company and Mercury Insurance Group's Request for Judicial Notice is GRANTED. Introduction Defendants California Automobile Insurance Company (CAIC) and Mercury Insurance Group (Mercury) (collectively, Defendants) demurred to Plaintiff Justin Bass' (Plaintiff) Complaint's three causes of action (COA) for breach of contract, breach of the implied covenant of good faith and fair dealing and bad faith. Procedure Defendants argued that the Oppo...

Excerpt: ... The motion is CONTINUED as to additional briefing on the issue of prejudgment interest. The parties' points and authorities are limited to 5 pages. In that Plaintiffs Wanda Butler and Patricia Lingle are requesting prejudgment interest, they are considered moving parties on the issue and required to file opening and reply briefs. Defendant Ralph Knapp is ordered to file opposing briefs. The hearing date is set for _______________, 2023 and the b...

Excerpt: ... Requests for Judicial Notice are DENIED. 1. Introduction Defendant Equity Residential Management, LLC (“Defendant”) demurs against the Complaint filed by Plaintiffs Soraya Viray and Rosemarie Gray (“Plaintiffs”). The demurrer places into issue the second cause of action (“COA”) for invasion of privacy and third COA for declaratory relief. Defendant argues the demurrer should be sustained on the ground that these COAs fail to state fa...

Excerpt: ...s production of documents. The motions are not untimely. The 60 day deadline applies to filing of a motion after the deposition has been taken. Here, the depositions were never taken. A certificate of non‐ appearance is not the same as a deposition. The court notes that there were instances that discovery was paused during settlement negotiations. The motion is granted. However, as there was an objection to the new deposition notice, the court ...

Excerpt: ...ndant Ronald H. Marshall's Motion for Judgment on the Pleadings is DENIED. Introduction Defendant Arthur Page (Page) and Defendant Arthur Page Company LLC (APC) (collectively, Page Defendants) demurred to Plaintiffs Cienega Spa, Inc. (CS) and Rose's Garden Bar LLC's (RGB) (collectively, Plaintiffs) First Amended Complaint (FAC). Page Defendants' demurrer placed into issue Plaintiffs' third cause of action (COA) for intentional misrepresentation a...

Excerpt: ...ction Defendants and Cross-Complainants Vehanoosh Grigorian and Zaven Grigorian (collectively, Grigorian) move for attorneys' fees in the amount of $1,030,020.73 against Plaintiffs and Cross-Defendants Robert Ter-Oganesyan and Meghedy Bandary (collectively, Ter- Oganesyan.) Discussion Grigorian argued that they are entitled to attorneys' fees as prevailing parties under the third cause of action (COA) for slander of title alleged in their First A...

Excerpt: ...ashjian (Plaintiff) moved for leave to amend the First Amended Complaint (FAC) filed against Defendants Steve Kessedjian, individually and as Trustee of The 4847 La Montana Circle, Tarzana CA 91356 Family Trust et al. (Defendants.) Procedure Defendants argued that the Motion was untimely filed and served. The Motion was filed and served on December 21, 2022, via electronic service. Proper notice required 16 court days plus two days for electronic...

Excerpt: ... filed within 20 days. The court strikes the First Amended Complaint. When a demurrer is pending and there has been no prior amended complaint, an amended complaint may be made no later than the due date for the opposition to the demurrer unless by stipulation and order or court order. Nine court days prior to 1/9/2023 was 12/23/2022. The FAC was filed 12/27/2022, which is late. 1. Introduction Defendants Rincon Taurino Restaurant, Inc. and Adolf...

Excerpt: ...LC (“Defendant”) demurs against the Complaint filed by Plaintiffs Cary Singleton and Rebecca Olejniczak (“Plaintiffs”). The demurrer places into issue the second cause of action (“COA”) for invasion of privacy and third COA for declaratory relief. Defendant argues the demurrer should be sustained on the ground that these COAs fail to state facts sufficient to constitute a cause of action. Defendant also moves to strike paragraphs 32, ...

Excerpt: ...ary adjudication are MOOT. Defendant California Automobile Insurance Company's Request for Judicial Notice is GRANTED but not as to any hearsay or any facts in dispute. Plaintiffs Gregory and Janice Love's Request for Judicial Notice is DENIED. Introduction Defendant/Doe 1 California Automobile Insurance Company (Defendant) moved for summary judgment (MSJ) and alternatively for summary adjudication (MSA) against Plaintiffs Janice and Gregory Love...

Excerpt: ...y disobeying the court order of 7/29/2022 ordering you to "provide the information on the last ten checks you gave to judgment debtor SAYEH KHOEI (“Debtor”) to pay her for services provided to Ghermezian's firm, RAYMOND GHERMEZIAN, APC (“Firm”), to include information as to which banking institution Debtor is cashing the checks, the account numbers that Debtor is depositing such checks into and the amounts of such checks within the past 9...

Excerpt: ...tomotive, Inc. (Defendant) demurred to Plaintiff Martha Michel- Aquino and Pedro Aquino (Plaintiffs) Complaint. Defendant placed into issue the only cause of action (COA) alleged against it, the fourth COA for negligent repair. Discussion Defendant argued that the negligence COA is barred by the Economic Loss Rule. “Simply stated, the economic loss rule provides: ‘[W]here a purchaser's expectations in a sale are frustrated because the product...

Excerpt: ...Notice is GRANTED but not as to any hearsay or facts in dispute. Defendants are ordered to file an Answer within 20 days. Introduction Defendants Bernard and Patricia Stark (collectively, Defendants) demurred[1] to Plaintiff Sarah Jellison's (Plaintiff) Complaint. The Demurrer placed into issue the first three causes of action for invasion of privacy, trespass, and intentional infliction of emotional distress. Defendants concurrently moved to str...