Excerpt: ...NTS ) DEFENDNAT'S MOTION TO COMPEL YE QIU'S FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS MOVING PARTY: Defendant Andrew Khun RESPONDING PARTIES: Plaintiffs Jing Du, Yu Bai, and Ye Qiu (1) Motion to Compel Further Responses to Special Interrogatories (2) Motion to Compel Yu Bai's Further Responses to Requests for Production (3) Motion to Compel Ye Qiu's Further Responses to Requests for Production The court considered the moving, omni...

Excerpt: ...to plaintiff's motion in limine no. 1, the court orders that the parties shall not make reference to, or introduce evidence of, the fact that entities and claims were once named or asserted in this action and subsequently dismissed. (Joint Stipulation Regarding Motions In Limine, filed November 30, 2023, p. 2.) Plaintiff's Motion in Limine No. 2 Plaintiff's motion in limine no. 2 seeks “to preclude Defendants from introducing evidence or refere...

Excerpt: ...C RESPONDING PARTY: Plaintiff Zooshoo, Inc. Motion to Compel Arbitration The court considered the moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Defendants Joe Ko (“Ko”), Louisa Zhou (“Zhou”), Predicate Holdings, Inc. (“Predicate”), Studio 88 Holdings, Inc., f/k/a Predicate Holdings, Inc. (“Studio 88”), and J. Adams Fashion, LLC (“J. Adams”) (collectively, “Defendants”) move the court...

Excerpt: ...ODUCTION OF DOCUMENTS, SET TWO ) DEFENDANT'S MOTION TO DEEM ADMITTED MATTERS SPECIFIED IN REQUESTS FOR ADMISSION ) DEFENDANT'S MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES ) DEFENDANT'S MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES MOVING PARTY: Plaintiff and cross-defendant Eric Choi RESPONDING PARTIES: Defendants and cross-complainants Elaine Kohn and Berndt Lohr-Schmidt (1) Motion to be Relieved from Waiver of Discovery Object...

Excerpt: ...EFENSES IN PHASE II OF BIFURCATED TRIAL ARE TO BE TRIED BY THE JURY OR THE COURT Order to Show Cause re: Whether any of Plaintiff's Causes of Action or Defendants' Affirmative Defenses in Phase II of Bifurcated Trial are to be Tried by the Jury or the Court On June 7, 2019, the court entered, pursuant to the stipulation of plaintiff CEP America- California, d/b/a Vituity (“Plaintiff”) and defendants Heritage Provider Network, Inc., Regal Medi...

Excerpt: ...TORIES FROM SKYDANCE TELEVISION, LLC ) PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES FROM GENRE ARTS, INC. MOVING PARTY: Plaintiff Dan Sackheim RESPONDING PARTY: Defendant Potomac River Productions, Inc. (1) Motion to Compel Further Responses to Special Interrogatories from Potomac River Productions, Inc. MOVING PARTY: Plaintiff Dan Sackheim RESPONDING PARTY: Defendant Skydance Television, LLC (2) Motion to Compel Furt...

Excerpt: ...tion papers filed in connection with this motion. No reply papers were filed. The court notes that the proof of service attached to the opposition papers, filed on November 7, 2023, states that the opposition was served on defendant George H. Williams by email on that date, but does not state the email address to which the opposition was served. (Opp., p. 12, Proof of Service.) The court has exercised its discretion to consider the opposition pap...

Excerpt: ...court considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court denies plaintiffs Adela Sanchez and Livia Larios's request for judicial notice, filed on November 14, 2023, as an improper attempt to introduce new evidence in reply. (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537 [“new evidence is not permitted with reply papers”].) DISCUSSION Plaintiffs Adela Sanchez and ...

Excerpt: ...defendant Eduardo Luna RESPONDING PARTIES: Defendants BJD Services, LLC, Dawn Kuykendall, Jerilyn Rivetti Kuykendall, Brian McWilliams, Rodney Owens, Villa Patrician Home Owner's Association, Inc., and Villa Patrician Home Owner's Association, Inc. (1) Demurrer to Cross‐Complaint (2) Motion to Strike Answer and Cross‐Complaint The court considered the moving, opposition, and reply papers filed in connection with the demurrer and the motion to...

Excerpt: ...ity Phase from Damages Phase at Trial The court considered the moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Defendant City of Los Angeles (“Defendant”) moves the court for an order bifurcating trial in this action and, specifically, requests an order “that the trial of liability issues precede the trial of all issues related to damages and other relief claimed by” plaintiff Adam Hollands (“Plaint...

Excerpt: ...nt Nissan North America, Inc. RESPONDING PARTY: Plaintiff Matthew Guerra (1) Motion to Compel Arbitration and Stay Proceedings MOVING PARTY: Plaintiff Matthew Guerra RESPONDING PARTY: Unopposed (2) Motion to Compel Further Responses to Requests for Production of Documents The court considered the moving, opposition, and reply papers filed in connection with the motion to compel arbitration. The court considered the moving papers filed in connecti...

Excerpt: ... Arbitration The court considered the moving, opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court sustains defendant Citiguard, Inc.'s evidentiary objection, filed on November 13, 2023, to the article filed by plaintiff Tennia Taylor as Exhibit 1 to the reply papers. (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537.) DISCUSSION Plaintiff Tennia Taylor (“Plaintiff”) moves for an order vacating ...

Excerpt: ...W. Howe Partners, Inc. RESPONDING PARTY: Unopposed Motion for Determination of Good Faith Settlement The court considered the moving papers filed in connection with this motion. No opposition papers were filed. DISCUSSION Defendants and cross-complainants Carl William Howe and C.W. Howe Partners, Inc. (the “Howe Defendants”) move the court for an order determining that the settlement entered into by and between the Howe Defendants, on one han...

Excerpt: ...GMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION MOVING PARTY: Defendant Northern California Mortgage Fund XIC RESPONDING PARTY: Plaintiff Rosa Maria Samples, as trustee of the Maria A. Gonzalez Living Trust and as executrix of the Last Will and Testament of Maria A. Gonzalez Motion for Summary Judgment or, in the Alternative, Summary Adjudication The court considered the moving, opposition, and reply papers filed in connection with this motion...

Excerpt: ...YDANCE MEDIA, LLC MOVING PARTY: Plaintiff Dan Sackheim RESPONDING PARTY: Defendant Amazon Studios, LLC (erroneously sued as Amazon Studios, Inc.) (1) Motion to Compel Further Responses to Special Interrogatories from Amazon Studios, Inc. MOVING PARTY: Plaintiff Dan Sackheim RESPONDING PARTY: Defendant Skydance Media, LLC (2) Motion to Compel Further Responses to Form Interrogatories from Skydance Media, LLC The court considered the moving, opposi...

Excerpt: ..., and Safeway, Inc. RESPONDING PARTY: Defendant Mondelez Global, LLC Motion to Compel Deposition of Person Most Qualified and Request for Sanctions The court considered the moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Plaintiffs The Vons Companies, Inc., Albertsons Companies, Inc., and Safeway, Inc. (“Plaintiffs”) move the court for an order (1) compelling the deposition of the person most qualified fo...

Excerpt: ...ry Judgment or, in the Alternative, Summary Adjudication The court considered the moving, opposition, and reply papers filed in connection with this motion. JUDICIAL NOTICE The court denies defendant Star Ford Lincoln's request for judicial notice that was filed on November 3, 2023 (1) as an improper attempt to introduce new evidence in reply, and (2) because rulings from other Superior Court departments are irrelevant to the issues presented by ...

Excerpt: ...nt RESPONDING PARTY: Unopposed Motion for Determination of Good Faith Settlement The court considered the moving papers filed in connection with this motion. No opposition papers were filed. DISCUSSION Defendant and cross-complainant Core Construction and Development (“Core”) moves the court for an order determining that the settlement entered into by and between Core, on the one hand, and plaintiffs Greg Mooradian, Debra Mooradian, and the G...

Excerpt: ...NG PARTY: Plaintiff Radenko Milakovic Motion to Strike Third Amended Complaint The court considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court denies plaintiff Radenko Milakovic's request for judicial notice because the matter that is the subject of his request is not a proper subject of judicial notice. (Evid. Code, § 452.) DISCUSSION Defendants David Glasser, individuall...

Excerpt: ...rbitration and Stay Proceedings The court considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court grants defendant Nissan North America, Inc.'s request for judicial notice. (Evid. Code, § 452, subd. (d).) The court grants plaintiff Jessica Ramirez's request for judicial notice. (Evid. Code, § 452, subd. (d).) DISCUSSION Defendant Nissan North America, Inc. (“Defendant”)...

Excerpt: ...Complaint MOVING PARTY: Defendant Cedars-Sinai Medical Center RESPONDING PARTY: Plaintiff Christine Ikhi Chung (2) Demurrer to Complaint The court considered the moving and opposition papers filed in connection with the demurrers. No reply papers were filed. BACKGROUND Plaintiff Christine Ikhi Chung (“Plaintiff”) filed this action on April 20, 2023, against defendants Sang Do Kim, M.D., Willis H. Wagner, M.D., and Cedars-Sinai Medical Center....

Excerpt: ...N STUDIOS, INC. MOVING PARTY: Plaintiff Dan Sackheim RESPONDING PARTY: Defendant Skydance Media, LLC (1) Motion to Compel Further Responses to Special Interrogatories from Skydance Media, LLC MOVING PARTY: Plaintiff Dan Sackheim RESPONDING PARTY: Defendant Amazon Studios, Inc. (2) Motion to Compel Further Responses to Form Interrogatories from Amazon Studios, Inc. The court considered the moving, opposition, and reply papers filed in connection w...

Excerpt: ...Judgment or, in the Alternative, Summary Adjudication The court considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court denies defendant Yang Lu's requests for judicial notice because the matters (1) are not proper subjects for judicial notice, and (2) are not relevant to the court's ruling on this motion. (Malek Media Group LLC v. AXQG Corp. (2020) 58 Cal.App.5th 817, 825.) ...

Excerpt: ...n for Sanctions The court considered the moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Defendant Interinsurance Exchange of the Automobile Club (“Defendant”) moves the court for an order granting monetary sanctions in the amount of $1,927 in its favor and against plaintiff Onnik Kazanchian (“Plaintiff”) based on Plaintiff's failure to appear at the inspection of his vehicle. First, as a threshold ma...

Excerpt: ...BLE AND TREBLE DAMAGES MOVING PARTY: Defendant Southern California Edison Company RESPONDING PARTY: Unopposed (1) Motion to Strike Punitive Damages and Double and Treble Damages MOVING PARTY: Defendant Edison International RESPONDING PARTY: Unopposed (2) Demurrer to Complaint (3) Motion to Strike Punitive Damages and Double and Treble Damages The court considered the moving and reply papers filed in connection with defendant Southern California E...

Excerpt: ... individual, as trustee of the Edith Rubenstein Trust, and as executor of the Estate of Edith Rubenstein Motion to Tax Costs The court considered the moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Plaintiff Rick Foster aka Eric Rubenstein (“Plaintiff”) filed this action on November 9, 2018, against defendants Laura Rubenstein, as an individual, as trustee of the Edith Rubenstein Trust, and as executor of...

Excerpt: ... Its Own Motion, Grant a Motion for Judgment on the Pleadings The court considered the Petition. No response to the Order to Show Cause was filed. DISCUSSION Petitioners Gabriela Aguinaldo, Selma Aguinaldo, and Ferdinand Aguinaldo (“Petitioners”) filed the Petition for Ordinary Mandamus and Declaratory Relief, Injunctive Relief, and Temporary and Permanent Restraining Order (the “Petition”) in this action on February 24, 2023, against res...

Excerpt: ...PRODUCTION OF DOCUMENTS FROM SKYDANCE MEDIA, LLC MOVING PARTY: Plaintiff Dan Sackheim RESPONDING PARTY: Defendant Carlton Cuse Productions (1) Motion to Compel Further Responses to Requests for Production of Documents from Defendant Carlton Cuse Productions MOVING PARTY: Plaintiff Dan Sackheim RESPONDING PARTY: Defendant Skydance Media, LLC (2) Motion to Compel Further Responses to Requests for Production of Documents from Defendant Skydance Medi...

Excerpt: ...lyn Rivetti Kuykendall, Brian McWilliams, Rodney Owens, Villa Patrician Home Owner's Association, Inc., and Villa Patrician Home Owner's Association, Inc. (sued as Doe defendant 1) Motion to Disqualify Counsel The court considered the moving, opposition, and reply papers filed in connection with this motion. [1] DISCUSSION Plaintiff Eduardo Luna (“Plaintiff”) moves the court for an order disqualifying Shawn M. Olson and the Olson Law Firm (�...

Excerpt: ...ise, LLC and Tony Chang Motion for Attorney's Fees and Costs Pursuant to Code of Civil Procedure Section 128.7 The court considered the moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Plaintiff Ricardo Flores (“Plaintiff”) moves the court for an order awarding sanctions in favor of Plaintiff and against defendants Pine Enterprise, LLC, and Tony Chang (“Defendants”) in the amount of $1,760 pursuant to ...

Excerpt: .../a Superior Loan Servicing (erroneously sued separately as Lil Wave Financial Inc. and Superior Loan Servicing), and Funding Rush, Inc. RESPONDING PARTY: Unopposed Demurrer to First Amended Complaint The court considered the moving papers filed in connection with this demurrer. No opposition papers were filed. DISCUSSION Plaintiffs Shai Harris, as successor trustee of the H. McClenon Trust dated December 12, 2019 and as trustee of the ADH Harris ...

Excerpt: ...a Mora (1) Motion for Offset of Damages MOVING PARTIES: Plaintiffs Andres Manzo and Eva Mora RESPONDING PARTY: Defendant Hyundai Motor America (2) Motion for New Trial The court considered the moving, opposition, and reply papers filed in connection with each motion. EVIDENTIARY OBJECTIONS The court sustains defendant Hyundai Motor America's evidentiary objection, filed on October 24, 2023. BACKGROUND Plaintiffs Andres Manzo and Eva Mora (“Plai...

Excerpt: ...e Doe Motion to Stay The court considered the moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Defendants Religious Technology Center, Church of Scientology International, and Bridge Publications, Inc. (“Defendants”) move the court for an order staying this action, filed by plaintiff Jane Doe (“Plaintiff”), pending resolution of Defendants' motion to compel arbitration, which Defendants filed [1] on Se...

Excerpt: ...R TERMINATING, ISSUE, OR EVIDENCE SANCTIONS MOVING PARTY: Plaintiff Consumer Advocacy Group, Inc. RESPONDING PARTY: Unopposed (1) Motion for Terminating, Issue, or Evidence Sanctions (2) Motion for Terminating, Issue, or Evidence Sanctions (3) Motion for Terminating, Issue, or Evidence Sanctions The court considered the moving papers filed in connection with each motion. No opposition papers were filed. DISCUSSION Plaintiff Consumer Advocacy Grou...

Excerpt: ...Motion for Judgment on the Pleadings The court considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court grants defendant Howard Management Group's request for judicial notice. (Evid. Code, § 452, subds. (c), (d).) The court notes that, although it takes judicial notice of the existence of the recorded grant deed, the court does not take judicial notice of the factual matters ...

Excerpt: ... and Amaxi Nutrition Products, Inc. RESPONDING PARTIES: Plaintiffs Jing Du, Yu Bai, and Ye Qiu (1) Demurrer to First Amended Complaint (2) Motion to Strike Portions of First Amended Complaint The court considered the moving, opposition, and reply papers filed in connection with the demurrer and motion to strike. REQUEST FOR JUDICIAL NOTICE The court sustains plaintiffs Jing Du, Yu Bai, and Ye Qiu's evidentiary objections to the request for judici...

Excerpt: ... Plan, Inc., Kaiser Foundation Hospitals (erroneously sued as Kaiser Permanente Panorama City Medical Center and Kaiser Permanente Palmdale Medical Center), and Southern California Permanente Medical Group RESPONDING PARTY: Plaintiff Fernando Lara (1) Demurrer to First Amended Complaint (2) Motion to Strike Portions of First Amended Complaint The court considered the moving, opposition, and reply papers filed in connection with the demurrer. The ...

Excerpt: ... Plaintiff Gloria Ibe Motion to Compel Arbitration and for Dismissal or, Alternatively, Stay of Proceedings The court considered the moving, opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court rules on defendant University of Southern California's evidentiary objections, filed on October 17, 2023, as follows: The court overrules Objections Nos. 1-9. DISCUSSION Defendant University of Southern Califo...

Excerpt: ...sidered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court denies plaintiff Emilio Reyes's requests for judicial notice as to Exhibits 4, 12, 15, and 21 because the matters to be judicially noticed are not relevant to a material issue presented by this motion. (Malek Media Group LLC v. AXQG Corp. (2020) 58 Cal.App.5th 817, 825.) The court grants plaintiff Emilio Reyes's request for...

Excerpt: ... Paul Salazar RESPONDING PARTY: Plaintiff Angela Bustamante Motion to Compel Arbitration The court considered the moving, opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court rules on defendants Greenfield Care Center of Fillmore, LLC, Eva Care Group, LLC, Jenq H. Chen, Teresa Chen, and Paul Salazar's evidentiary objections, filed on October 16, 2023, as follows: The court overrules Objections Nos. 2...

Excerpt: ...laint The court considered the moving, opposition, and reply papers filed in connection with this demurrer. REQUEST FOR JUDICIAL NOTICE The court grants defendant Department of Motor Vehicles' request for judicial notice. (Evid. Code, § 452, subd. (c).) DISCUSSION Plaintiff Gladys Hampton (“Plaintiff”) filed the operative First Amended Complaint in this FEHA action on February 10, 2023, alleging eight causes of action against defendant Depar...

Excerpt: ... and Caroline Harrell RESPONDING PARTY: Plaintiff Sunset Equity Partners, LLC Motion to Quash for Lack of Personal Jurisdiction The court considered the amended moving, [1] opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court rules on defendants Justin Ehrlich, Sorabh Maheshwari, Derrick Land, Stephen Travis Masters, and Caroline Harrell's evidentiary objections, [2] filed on October 13, 2023, as fol...

Excerpt: ...ummary Adjudication The court considered the moving, opposition, and reply papers filed in connection with this motion. [1] EVIDENTIARY OBJECTIONS The court declines to rule on defendants Mayflower Medical Group, Inc., and Rebecca Lubiano's evidentiary objections, filed on October 13, 2023, because they are directed to evidence that is not material to the disposition of this motion. (Code Civ. Proc., § 437c, subd. (q).) LEGAL STANDARD The purpos...

Excerpt: ...) Motion to Strike Portions of Complaint The court considered the moving, opposition, and reply papers filed in connection with the demurrer and motion to strike. BACKGROUND Plaintiff John Damiani (“Plaintiff”) filed this breach of warranty of habitability action on February 3, 2023, against defendants HLS, LLC, Sunset Landmark Investments, LLC, Stephen Saeed Nourmand, and Delaina Dutton. Plaintiff alleges 10 causes of action for (1) breach o...

Excerpt: ...ainant Tara Black (1) Motion to Set Aside Default Judgment MOVING PARTY: Cross-complainant Tara Black RESPONDING PARTY: Cross-defendant Daisy Maria Petitte (2) Motion for Sanctions The court considered the moving and opposition papers filed in connection with the motion to set aside default judgment. No reply papers were filed in connection with that motion. The court considered the moving, opposition, and reply papers filed in connection with th...

Excerpt: ..., d/b/a WireCash RESPONDING PARTIES: Defendant Eliran Grushkowsky, joined by defendants Inter & Co. Payments, Inc., and Inter & Co., Inc. Motion to Seal 20 Paragraphs of Amended Complaint The court considered the moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Plaintiff Forex Express Corp., d/b/a WireCash (“Plaintiff”) moves the court for an order redacting and filing under seal 20 paragraphs of its Amend...

Excerpt: ... Motion to Enforce Settlement Pursuant to Code of Civil Procedure Section 664.6 The court considered the moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Plaintiff Agustin Hernandez (“Plaintiff”) filed this wage and hour action against defendant Primo's Donuts, LLC (“Defendant”) on March 8, 2022. Defendant filed a Cross-Complaint against Plaintiff for breach of a written settlement agreement on June 24...

Excerpt: ...The court considered the moving, opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court denies defendant Dr. Mostafa Rahimi's request that the court strike plaintiff Jesika Yeroomian's separate statement. REQUEST FOR JUDICIAL NOTICE The court grants defendant Dr. Mostafa Rahimi's request for judicial notice. (Evid. Code, § 452, subd. (d).) DISCUSSION Defendant Dr. Mostafa Rahimi (“Defendant”) move...

Excerpt: ...TIES: Defendant CitiStaff Solutions Inc., joined by defendant California Farms Meat Company on February 27, 2023 RESPONDING PARTIES: Plaintiffs Nubia Nava and Aida Ramos Motion to Compel Arbitration and Dismiss Non‐Individual PAGA Claims The court considered the moving, joinder, opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court rules on plaintiffs Nubia Nava and Aida Ramos's evidentiary objectio...

Excerpt: ...Inc., d/b/a Nissan of Alhambra RESPONDING PARTY: Plaintiff Joaquin Alejandro Velazquez f/k/a Shawn Swingler Motion to Compel Arbitration and Stay Proceedings The court considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court grants defendants Nissan North America, Inc. and Wish Automotive III, Inc., d/b/a Nissan of Alhambra's requests for judicial notice. (Evid. Code, § 452, ...

Excerpt: ... The court considered the moving, opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court overrules plaintiff Ricardo Flores's evidentiary objections, filed on September 28, 2023. REQUEST FOR JUDICIAL NOTICE The court grants defendants Pine Enterprises, LLC, and Tony Chang's requests for judicial notice. (Evid. Code, § 452, subd. (d).) LEGAL STANDARD The purpose of a motion for summary judgment or summ...

Excerpt: ...r The court considered the moving and opposition papers filed in connection with this motion. No reply papers were filed. DISCUSSION Defendant Restore a Floor (“Defendant”) moves the court for an order setting aside its March 6, 2023 order granting the unopposed Petition for Order Releasing Property from Claim of Mechanic's Lien filed by plaintiffs Mac Calva and Tatyana Nosenko (“Plaintiffs”) on the ground that the order was taken against...

Excerpt: ...Y: Plaintiff Nancy Del Socorro Diaz Martinez Motion for Summary Judgment or, in the Alternative, Summary Adjudication The court considered the moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Defendant Champion Power Equipment, Inc. (“Defendant”) moves the court for an order granting summary judgment in its favor and against plaintiff Nancy Del Socorro Diaz Martinez (“Plaintiff”) or, in the alternative...

Excerpt: ...considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court denies plaintiff Roberto Valencia Martinez's request for judicial notice, filed on October 4, 2023, because the matters to be judicially noticed are not relevant to a material issue presented by this motion. (Malek Media Group LLC v. AXQG Cor. (2020) 58 Cal.App.5th 817, 825.) DISCUSSION Plaintiff Roberto Valencia Martine...

Excerpt: ...e The court considered the moving papers filed in connection with this motion. No opposition papers were filed. DISCUSSION Defendant Susan Nakagama (“Defendant”) moves the court for an order sealing the death certificate attached to the Motion to Substitute Estate of Susan Nakagama, filed by plaintiffs AWI Builders, Inc., Construction Contractors Corporation, Zhirayr “Robert” Mekikyan, and Anna Mekikyan on July 19, 2023, as Exhibit A to t...

Excerpt: ... Martinez Motion for Protective Order re: Depositions The court considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court grants defendant Champion Power Equipment's request for judicial notice as to Exhibit A. (Evid. Code, § 452, subd. (c).) The court denies defendant Champion Power Equipment's request for judicial notice as to Exhibit B. DISCUSSION Defendant Champion Power E...

Excerpt: ...ng Group, Inc. Motion for Evidence and Monetary Sanctions The court considered the moving and reply papers filed in connection with this motion. The court disregards and orders stricken the opposition papers filed by defendants Jason Eugene Burt, Ladera Lending, LLC, and Coast 2 Coast Funding Group, Inc. on September 28, 2023, because those papers were not filed nine court days before the hearing on this motion. (Code Civ. Proc., § 1005, subd. (...

Excerpt: ...SPONDING PARTIES: Plaintiffs Nicolitsa Pitsos, Georgios Pitsos, Stavroula Pitsos, and Demetrios Pitsos Motion to Quash Service of Summons The court considered the moving, opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court sustains plaintiffs Nicolitsa Pitsos, Georgios Pitsos, and Stavroula Pitsos and Demetrios Pitsos, by and through their guardian ad litem Nicolitsa Pitsos's evidentiary objections ...

Excerpt: ...ng and/or Evidentiary/Issue Sanctions The court considered the moving and opposition papers filed in connection with this motion. No reply papers were filed. DISCUSSION Defendant Dignity Health (“Defendant”) moves the court for an order imposing terminating, issue, or evidence sanctions against plaintiff Luz Reynozo (“Plaintiff”) based on her failure to comply with the court's May 24, 2023 order. If a party engages in a misuse of the disc...

Excerpt: ...ion, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court grants defendant Soon Pill Kim's request for judicial notice. (Evid. Code, § 452, subd. (d).) DISCUSSION Defendant Soon Pill Kim (“Defendant”) moves the court for an order setting aside the November 3, 2022 order granting the motion for terminating sanctions filed by plaintiff Ivan Mendoza (“Plaintiff”) pursuant to the mandatory and discreti...

Excerpt: ...DEADLINES MOVING PARTIES: Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, The Permanente Medical Group, Inc., and Southern California Permanente Medical Group RESPONDING PARTY: Plaintiff Adriane Nolan (1) Defendants' Motion for Summary Judgment or Summary Adjudication MOVING PARTIES: Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, The Permanente Medical Group, Inc., and Southern California...

Excerpt: ...l, Inc. RESPONDING PARTIES: IC Funding, Inc., Nadav Ibi, Einat Rozenbaum, and Carmiel Cohen Demurrer to First Amended Cross‐Complaint The court considered the moving, opposition, and reply papers filed in connection with this demurrer. BACKGROUND Plaintiff Pacifica Reliable Funding, LLC (“Pacifica”) filed the operative Second Amended Complaint in this action against defendants IC Funding, Inc., Nadav Ibi, Einat Rozenbaum, and Carmiel Cohen ...

Excerpt: ... Defendants County of Los Angeles and Los Angeles County Sheriff's Department; (3) Defendant City of Santa Monica; and (4) Defendant City of Beverly Hills Motion for Relief from Filing Government Claims The court considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court grants defendant City of Santa Monica's request for judicial notice. (Evid. Code, § 452, subd. (c); Gong v. ...

Excerpt: ...ON TO STRIKE PORTIONS OF SECOND AMENDED COMPLAINT MOVING PARTIES: Defendants Paul J. Dougherty, M.D., Paul J. Dougherty, MD, Inc., Dougherty Laser Vision, DLV Vision, DLV Vision Management, LLC, DLV Vision ASC, LLC, and Sharmini Asha Balakrishnan, M.D. RESPONDING PARTY: Plaintiff Shahnaz Bahadori (1) Demurrer to Second Amended Complaint (2) Motion to Strike Portions of Second Amended Complaint MOVING PARTY: Defendant Houman Vosoghi, M.D. RESPONDI...

Excerpt: ...DANT'S MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES ) DEFENDANT'S MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR ADMISSIONS MOVING PARTY: Defendant Wells Fargo Bank N.A. RESPONDING PARTY: Unopposed (1) Motion to Compel Further Responses to Requests for Production of Documents (2) Motion to Compel Further Responses to Special Interrogatories MOVING PARTY: Defendant Wells Fargo Bank N.A. RESPONDING PARTY: Plaintiff John Christian ...

Excerpt: ...lub RESPONDING PARTY: Plaintiff Onnik Kazanchian Motion for Summary Judgment or, in the Alternative, Summary Adjudication The court considered the moving, opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court rules on plaintiff Onnik Kazanchian's evidentiary objections to the declaration of Kevin Lane, filed on August 23, 2023, as follows: The court overrules Objections Nos. 1-7. The court rules on pl...

Excerpt: ...o Motion for Summary Judgment or, in the Alternative, Summary Adjudication The court considered the moving, opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court rules on defendant Famers Insurance Exchange's evidentiary objections, filed on June 9, 2023, as follows: The court sustains Objections Nos. 1-6. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to pro...

Excerpt: ...a, LLC, Bayerische Motoren Werke Aktiengesellschaft, and South Bay Motors, LLC Motion for Leave to File Second Amended Complaint The court considered the moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Plaintiffs Michael Model and Soheila Model (“Plaintiffs”) move the court for an order permitting them to file a Second Amended Complaint to (1) strike (i) the 10th cause of action for negligent failure to r...

Excerpt: ...intiff 1718 Vine Street, LLC (1) Motion to Vacate and Set Aside Judgment (2) Ex Parte Application for Order Staying Execution and Shortening Time The court considered the moving and opposition papers filed in connection with the motion and ex parte application. No reply papers were filed. BACKGROUND Plaintiff 1718 Vine Street, LLC (“Plaintiff”) filed this unlawful detainer action on June 9, 2023, against defendant Karla Aleman (“Defendant�...

Excerpt: ...cluding Expert Witness from Testifying at Trial The court considered the moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Plaintiff Agavni Sagryan (“Plaintiff”) moves the court for an order excluding the expert witness James Oaks (“Oaks”) designated by defendant General Motors, LLC (“Defendant”) from testifying at trial. Alternatively, Plaintiff moves the court for an order compelling Oaks to appea...

Excerpt: ...grew Aircraft Components, Inc. Motion to Compel Production of Documents in Response to First Amended Notice of Deposition The court considered the moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Plaintiff David Maijala (“Plaintiff”) moves the court for an order (1) compelling defendant Mulgrew Aircraft Components, Inc. (“Defendant”) to produce documents in response to Plaintiff's Requests for Producti...

Excerpt: ...rofessional Corporation RESPONDING PARTY: Unopposed Motion to Compel Person(s) Most Knowledgeable for Statewide Services Inc. to Appear for Deposition The court considered the moving papers filed in connection with this motion. No opposition papers were filed. DISCUSSION Plaintiff Jason J. Emer, MD, Professional Corporation (“Plaintiff”) moves the court for an order (1) compelling the person(s) most knowledgeable for defendant and plaintiff S...

Excerpt: ... Unopposed Motion to Compel Deposition of Defendant's Person Most Knowledgeable and Production of Documents The court considered the moving papers filed in connection with this motion. No opposition papers were filed. DISCUSSION Plaintiff Todd Richard Cole (“Plaintiff”) moves the court for an order (1) compelling defendant Volkswagen Group of America, Inc. (“Defendant”) to produce for deposition its person(s) most qualified to testify on ...

Excerpt: ...n Motion for Summary Adjudication The court considered the moving, opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court declines to rule on the evidentiary objections filed by the parties because the objections are directed to evidence that is not material to the court's disposition of this motion. (Code Civ. Proc., § 437c, subd. (q).) LEGAL STANDARD The purpose of a motion for summary judgment or s...

Excerpt: ... Associates, Inc. (“Plaintiff”) filed the operative First Amended Complaint in this action on June 15, 2022, against defendants Eric Bruget; JP Morgan Chase Bank, National Association; Bank of America Corporation, National Association; and Wendy Bruget. On April 21, 2023, defendant Eric Bruget (“Defendant”) filed an answer to the First Amended Complaint. Plaintiff filed the pending demurrer to Defendant's answer on May 3, 2023. On May 31,...

Excerpt: ...edina), and Katherine Whatley RESPONDING PARTY: Plaintiff Romina Zerpa Demurrer to First Amended Complaint The court considered the moving, opposition, and reply papers filed in connection with this demurrer. BACKGROUND Plaintiff Romina Zerpa (“Plaintiff”) filed the operative First Amended Complaint in this action on March 24, 2023, against defendants Walmart, Inc., Wal-Mart Stores, Inc., Wal-Mart Associates, Inc., Tiffani Khuu-Medina, and Ka...

Excerpt: ...aintiff Levon Guyumjan RESPONDING PARTY: Defendant State Farm General Insurance Company (1) Motion to Quash Deposition Subpoena to East West Bank (2) Motion to Quash Deposition Subpoena to Midland Mortgage Investors Trust The court considered the moving, opposition, and reply papers filed in connection with each motion. MOTION TO QUASH DEPOSITION SUBPOENA TO EAST WEST BANK Plaintiff Levon Guyumjan (“Plaintiff”) moves the court for an order qu...

Excerpt: ...e moving papers filed in connection with this motion. No opposition papers were filed. DISCUSSION Defendant Donald J. Trump (“Defendant”) moves the court for an order offsetting the $54,436.25 in attorney's fees awarded by the court to plaintiff Stephanie Clifford (“Plaintiff”) in its November 16, 2022 order against the attorney's fees awarded to Defendant in the case Clifford v. Trump, filed in United States District Court for the Centra...

Excerpt: ... F. Wright, individually and as trustee of the Michael F. Wright Individual Retirement Account RESPONDING PARTY: Defendant George W. Carroll Motion to Compel Further Responses to Form Interrogatories The court considered the moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Plaintiff Michael F. Wright, individually and as trustee of the Michael F. Wright Individual Retirement Account (“Plaintiff”) moves the...

Excerpt: ...plainant Smart Resources Nursing Registry Motion for Judgment on the Pleadings The court considered the moving, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiffs Angela Brown and Ana Gonzalez, on behalf of themselves and other aggrieved employees, filed this representative action pursuant to the Labor Code Private Attorneys General Act of 2004 (Lab. Code, § 2699, et seq.) on January 17, 2023, against defend...

Excerpt: ...torney's Fees The court considered the moving, opposition, and reply papers filed in connection with this motion. The court also considered the supplemental brief filed in support of this motion by cross- defendant Steve Milner. No supplemental opposition papers were filed. BACKGROUND Roger Manlin (“Manlin”) [1] filed this action on March 8, 2019, by filing his Complaint against Steve Milner (“Milner”). On May 28, 2019, Milner and eight l...

Excerpt: ...c., and Amber Oliver RESPONDING PARTIES: Plaintiffs Karen Bang and Linda Agajanian Otey (1) Demurrer to First Amended Complaint (2) Motion to Strike Portions of First Amended Complaint The court considered the moving, opposition, and reply papers filed in connection with the demurrer and motion to strike. REQUEST FOR JUDICIAL NOTICE The court denies plaintiffs Karen Bang and Linda Agajanian Otey's request for judicial notice because (1) the court...

Excerpt: ...sidered the moving, opposition, and reply [1] papers filed in connection with this motion. DISCUSSION Plaintiff Felisa Dee Richards (“Plaintiff”) moves the court for an order (1) reconsidering its order dated August 2, 2022 granting the motion to expunge notice of pendency of action filed by defendant Paladar Capital Investments, LP (“Defendant”), and (2) revoking, amending, or modifying the August 2, 2022 order to allow additional eviden...

Excerpt: ...IES: Plaintiffs Kazem Sanikhatam, by and through his successor-in-interest Mitra Azizi, and Mitra Azizi RESPONDING PARTY: Defendant Persian-American Adult Day Health Care Center, Inc., d/b/a Forever Young Adult Day Health Care Center Demurrer to Answer The court considered the moving, opposition, and reply papers filed in connection with this demurrer. BACKGROUND Plaintiffs Kazem Sanikhatam, by and through his successor-in-interest Mitra Azizi, a...

Excerpt: ...�Plaintiff”) has filed a request that the court enter a judgment by default against defendant Benjamin Cantey (“Defendant”) in the total amount of $4,441,786.34, consisting of (1) $4,114,471.25 in damages, (2) $235,084.22 in interest, (3) $7,071.44 in costs, and (4) $85,159.43 in attorney's fees. The court denies Plaintiff's request for court judgment by default for the following reasons. Plaintiff filed his original complaint in this actio...

Excerpt: ...iff Madeline Moore, individually and as successor trustee ofthe Moore Family Trust dated June 1, 1983 Motion for Summary Judgment The court considered the moving, opposition, and reply papers filed in connection with this EVIDENTIARY OBJECTIONS The court rules on plaintiff Madeline Moore's evidentiary objections, filed on February 23, 2023, as follows: The court overrules Objections Nos. 1 and 17. The court declmes to rule on plaintiff Madeline M...

Excerpt: ...The court considered the moving, opposition, and reply papers filed in connection with this EVIDENTIARY OBJECTIONS The court rules on defendant Ford Motor Company/ s objections to the declaration of Isaac Kohen as follows: Objection No. 1 is sustained. Objection Nos. 2-11 are overruled. DISCUSSION Plamtiff Cory Maran ("Plaintiff) filed this lemon law action agamst defendant Ford Motor Company ("Defendant") on April 1, 2021. Plaintiff filed a Noti...

Excerpt: ...nt Katherine Whatley) Unopposed (1) Motion for Judgment on the Pleadings MOVING PARTY: Defendant Tiffani Medina-Khuu RESPONDING PARTY: Unopposed (2) Demurrer to Complaint The court considered the moving and reply papers filed in connection with the motion for judgment on the pleadings and demurrer. No opposition papers were filed. REQUEST FOR JUDICIAL NOTICE The court grants defendants Walmart Inc., Wal-Mart Stores, Inc„ Wal-Mart Associates, In...

Excerpt: ...os Demurrer to Complaint The court considered the moving, opposition, and reply papers filed in connection with this demurrer. BACKGROUND Plaintiff Cindy Ramos (“Plaintiff”) filed this wrongful termination and retaliation action on May 19, 2022, against defendants Ryder Integrated Logistics, Inc., Ryder Systems, Inc., and Jennifer Levenhagen (“Levenhagen”) (collectively, “Defendants”). The Complaint alleges four causes of action for (...

Excerpt: ... motion in limine no. 1 on the grounds that (1) evidence of provider costs or profits is not relevant to the issue of the reasonable value of plaintiff's services (Children's Hospital Central California v Blue Cross of California (2014) 226 Cal.App.4 th 1260, 1278 [“under quantum meruit, the costs of the services provided are not relevant to a determination of reasonable value”], and (2) the court exercises its discretion to exclude such evid...

Excerpt: ...Evidentiary, and Monetary Sanctions The court considered the moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Defendant Ford Motor Company (“Defendant”) moves the court for an order (1) issuing terminating, or, alternatively, issue and evidence sanctions against plaintiff Steven Munoz (“Plaintiff”), and (2) awarding monetary sanctions in favor of Defendant and against Plaintiff in the amount of $3,260....

Excerpt: ...The court considered the moving papers filed in connection with the demurrer and motion to strike. No opposition papers were filed. BACKGROUND Plaintiff Austin Hammesfahr (“Plaintiff”) filed this action against defendants Tiffany Summer Kjenstad and Luke Miller-Kjenstad on February 7, 2022, alleging seven causes of action for (1) fraudulent misrepresentation; (2) negligent misrepresentation; (3) conversion; (4) fraudulent concealment; (5) bre...

Excerpt: ...nd Rajan Anejo RESPONDING PARTIES: Plaintiffs Eric Martin and Gissell Acevedo Motion to Strike Portions of First Amended Complaint The court considered the moving, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiffs Eric Martin and Gissell Acevedo (“Plaintiffs”) filed this breach of warranty of habitability action on March 29, 2021. Plaintiffs filed their operative First Amended Complaint on June 3, 2022, ...

Excerpt: ...c. RESPONDING PARTY: Plaintiff Marquis Mejia-Hill (1) Motion to Compel Arbitration and Stay Proceedings MOVING PARTY: Defendant Citiguard, Inc. RESPONDING PARTY: Unopposed (2) Demurrer to Complaint (3) Motion to Strike Portions of Complaint The court considered the moving, opposition, and reply papers filed in connection with the motion to compel arbitration. [1] MOTION TO COMPEL ARBITRATION Plaintiff Marquis Mejia Hill (“Plaintiff”) filed th...

Excerpt: ...ING PARTIES: Defendants Screamline Investment Corporation, Kamrouz Farhadi, and Starline Tours of Hollywood, Inc. Motion for Summary Judgment or, in the Alternative, Summary Adjudication The court considered the moving, opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court rules on Defendants' evidentiary objections to the declaration of Matt Hotchkiss, filed on October 31, 2022, as follows: The court...

Excerpt: ...y papers filed in connection with this demurrer. No opposition papers were filed. BACKGROUND Plaintiff Francisco Montiel (“Plaintiff”) filed this action on June 3, 2022, against defendants Western Progressive, LLC, Planet Home Lending, LLC, and all persons claiming any legal or equitable right, title, estate, lien, or interest in the property adverse to Plaintiff's title, or any cloud on Plaintiff's title thereto located at 2726 West Pendleto...

Excerpt: ... the Pleadings The court considered the moving, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiffs Andres Manzo and Eva Mora (“Plaintiffs”) filed this lemon law action against defendant Hyundai Motor America (“Defendant”) on December 3, 2018, alleging three causes of action for (1) violation of Song-Beverly Act—breach of express warranty, (2) violation of Song-Beverly Act—breach of implied warrant...

Excerpt: ...ervices Corporation Motion to Vacate Order Compelling Case to Arbitration The court considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court grants plaintiff Olivia Yanez de Herbert's request for judicial notice. (Evid. Code, § 452, subd. (d).) DISCUSSION Plaintiff Olivia Yanez de Herbert (“Plaintiff”) filed this wrongful termination action against defendant Altamed Healt...

Excerpt: ...ONDING PARTIES: Defendants and cross-complainants Quincy Lee King and Reginald Dowdley (1) Demurrer to Cross‐Complaint (2) Motion to Strike Punitive Damages from Cross‐Complaint The court considered the moving, opposition, and reply papers filed in connection with the demurrer and motion to strike. BACKGROUND Plaintiff Anchor General Insurance Company (“Anchor General”) filed this action on September 16, 2021, against defendants Quincy Le...

Excerpt: ...ARTY: Defendant Simple Bar, Inc. (joined by defendant Adroit Private Security, Inc. on December 21, 2022) Motion to Quash or Modify Subpoenas The court considered the moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Plaintiff David Dallakian (“Plaintiff”) filed his operative First Amended Complaint in this action April 9, 2020, against defendants Simple Bar, Inc. and Adroit Private Security, Inc., based on...