Excerpt: ...VE RULING: 1. Motion to Compel Arbitration is GRANTED; 2. The court ORDERS this action STAYED pending arbitration. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On July 20, 2023, Plaintiff Shane Lichterman (Plaintiff) filed a Complaint against Defendants Baxter of California, LLC and Ambi Enterprises Inc. (Defendants) with three causes of action for: (1) Retaliation in Violation of Labor Code §98.6, (2) Retaliatio n in Violation of Labor Code ...

Excerpt: ...tion. TENTATIVE RULING : Summary judgment is DENIED. Summary Adjudication is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff John Doe (“Plaintiff”) has brought a suit for the alleged dissemination of his HIV status by Dr. Joshua Rice while he was a patient at the hospital. Specifically, while a colleague and friend were visiting, Dr. Rice and Good Samaritan staff walked into the room with all three, including Plaintiff, and ...

Excerpt: ...Mark Ghaly; California Department of Public Health (CDPH); CDPH Director Dr. Tomá s Aragón; California Department of Health Care Services (DHCS); DHCS Director Michelle Baass; and Attorney General Rob Bonta RESPONDING PARTY(S) : Plaintiffs Mary Matthias, Chris Lugatiman, Toni Johnson, and A Voice for Choice, Inc. REQUESTED RELIEF : Sustain demurrer without leave to amend. TENTATIVE RULING : Demurrer is SUSTAINED, without leave to amend. STATEME...

Excerpt: ...ng the time and scope of the subpoenas TENTATIVE RULING: Defendant Eric Weinberg and Guitar and Pen Productions, Inc.'s motion to quash subpoenas on Blue Tiger Recovery; Omar Minwalla, Ph.D at the Institute for Sexual Health; Marilyn Ruman, Ph.D.; and Sharon O'Hara, MFT is GRANTED . STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On September 12, 2023, Plaintiff S.T. (“Plaintiff”) filed a complaint against Defendants Eric Weinberg (“Wei...

Excerpt: ...amily Trust a/r, dated June 11, 2019 and as trustee of the Buttwinick Family Trust, dated May 4, 1990; Jill Buttwinick Zweier, as trustee of the Buttwinick Family Trust, dated May 4, 1990; and Karen Buttwinick, as trustee of the Buttwinick Family Trust, dated May 4, 1990. RESPONDING PARTY(S): Plaintiff Cubosfera, LLC REQUESTED RELIEF: 1. Demurrer to the Fourth Cause of Action for failure to state sufficient facts to constitute a cause of action a...

Excerpt: ...y judgment in Defendant Balenciaga's favor for the entire Complaint; 2. An Order granting summary adjudication in Defendant Balenciaga's favor as to the first cause of action because Plaintiff was not subjected to intolerable or aggravated working conditions and a reasonable person in Plaintiff's position would not have resign ed; 3. An Order granting summary adjudication in Defendant Balenciaga's favor as to the first cause of action because Pla...

Excerpt: ...is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On December 6, 2023, Arbitrator Lizbeth Hasse (the Arbitrator) issued an Arbitration Award in favor of Respondent The Lobster, LLC and against Claimant Chris Prell, with no fees or costs awarded to Respondent. The Final Award finds that Respondent did not discriminate against Claimant due to age or disability, did not deny him any entitlement to accommodation or interactive process due to...

Excerpt: ...ACTS AND/OR PROCEEDINGS: Plaintiff Chris Cowart (“Plaintiff”) commenced this action on August 23, 2021. He filed a First Amended Complaint on January 20, 2022, a Second Amended Complaint on June 2, 2022, and a Third Amended Complaint (“TAC”) on October 11, 2023. The TAC has one ca use of action for Wrongful Termination in Retaliation. Defendant LAC Metro (“Defendant”) filed an Answer to the TAC on December 12, 2023. Plaintiff alleges ...

Excerpt: ... to (1) serve responses without objections to Judgment Creditors Jeanne Haworth, Success Trustee of the McGinty Family Revocable Trust D ated September 7, 2006 and Kathleen McGinty, an Individual Interrogatories to Judgment Debtor Andrew J. Stern (Set One); (2) serve responses without objections to Judgment Creditors Jeanne Haworth, Success Trustee of the McGinty Family Revocable Trust Dated September 7, 2006 and Kathleen McGinty, an Individual R...

Excerpt: ... Service of Summons on Specially- Appearing Defendant Cosentino Group, S.A. TENTATIVE RULING: 1. Motion for Reconsideration is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On September 23, 2021, Plaintiffs Victor Gonzalez and Ana Gonzalez (Plaintiffs) filed a Complaint with six causes of action for: (1) Negligence, (2) Strict Liability – Warning Defect, (3) Strict Liability – Design Defect, (4) Fraudulent Concealment, (5) Br each o...

Excerpt: ...nting leave to serve the Summons and Cross -Complaint upon Hey Jackpot LLC by serving the California Secretary of State. TENTATIVE RULING: 1. Motion for an Order Granting leave to serve the Summons and Cross -Complaint upon Hey Jackpot LLC by serving the California Secretary of State is DENIED without prejudice or continued. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On November 1, 2021, Plaintiff Jackie Subeck (Plaintiff) filed a Complaint ...

Excerpt: ...ent facts constituting a cause of action. TENTATIVE RULING: 1. Defendant's Demurrer to the Verified Complaint is SUSTAINED in its entirety. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On August 2, 2023, Plaintiff Alec Alexander (Plaintiff) filed a Verified Complaint against Defendant Shellpoint Mortgage Servicing (Defendant) with nine causes of action for: (1) Breach of Contract; (2) Breach of Covenant of Good Faith and Fair Dealing; (3 ) Est...

Excerpt: ...tate sufficient facts constituting a cause of action. TENTATIVE RULING: 1. The court SUSTAINS Defendants' demurrer in its entirety. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On November 16, 2023, Plaintiffs David Kagan, Judith Kagan, Frank Revere, and Rachel K. Revere (Plaintiffs) filed a Complaint against Defendants Gavin Newsom in his official capacity as the Governor of the State of California (Newsom); State of California [1] ; and Gust...

Excerpt: ...a Fay, LLC, Trustee of the VWH Trust UDT 6/12/15 TENTATIVE RULING: 1. Motion to Amend Judgment is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs Joshua Feshbach and David Bowden (Plaintiffs) filed a Complaint on December 9, 2021 against VWH Trust aka VWH Trust UDT 6/12/15; Anna Fay, LLC, Eden Darwish, David Darwish, as Trustees of VWH Trust aka VWH Trust UDT 6/12/15, and DOES 1 through 5 0. [1] The Complaint has two causes of...

Excerpt: ...0, 2024. TENTATIVE RULING: 1. Motion to Set Aside/Vacate Default Judgment is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On March 16, 2022, Plaintiff Cal26 Property Group, LLC (Plaintiff) filed a Complaint against Defendant Kambiz Barzi Tehrani (Defendant) with causes of action for: (1) Intentional Tort (Conversion), and (2) General Negligence. According to the Complaint, Defendants used a locksmith to break into Plaintiff's premises ...

Excerpt: ...ntiff and Defendant Yunhee Min. TENTATIVE RULING: 1. Motion for Determination of Good Faith Settlement is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On December 8, 2020, Plaintiff City of Los Angeles, Acting by and through the Los Angeles Department of Water and Power (Plaintiff) filed a Complaint against Defendant Yunhee Min with three causes of action for: (1) Account Stated, (2) Book Account, and (3 ) Goods and Services Rendered....

Excerpt: ...ixth Causes of Action in the Second Amended Complaint for failure to state facts sufficient and for uncertainty. 2. An Order striking various portions of the Second Amended Complaint. TENTATIVE RULING: 1. The court SUSTAINS the demurrer as to the Third Cause of Action and the Fourth Cause of Action with/without leave to amend; 2. The court SUSTAINS the demurrer as to the Sixth Cause of Action. Plaintiff must seek leave of court to amend. 3. The c...

Excerpt: ...nk REQUESTED RELIEF: 1. An Order striking Plaintiff's Complaint and for reasonable attorneys' fees; 2. Demurrer to the entire Complaint for failure to state sufficient facts to constitute a cause of action. TENTATIVE RULING: 1. Defendants' Special Motion to Strike is GRANTED; 2. Defendants' Demurrer is OVERRULED as moot. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On December 4, 2023, Plaintiff Selma Blunk (Plaintiff) filed a Complaint agains...

Excerpt: ...h 11, 2024 REQUESTED RELIEF: TENTATIVE RULING: STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On April 19, 2023, Plaintiffs Lawrence Molbury and Rebecca Molbury (Plaintiffs) filed a Complaint against Defendants Michael Sinkov, Robert Babish, and S M Management LLC (Defendants) with four causes of action for (1) Harassment, (2) Extortion, (3) Neglig ence, and (4) Discrimination Against the Disabled. (The Sinkov Matter) On April 26, 2023, Plaintif...

Excerpt: ...iff's motion for leave to file a Second Amended Complaint is GRANTED and deemed filed this date. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On November 20, 2023, Plaintiff David Ryan Sharp (Plaintiff) filed a Complaint against Defendant The County of Los Angeles (Defendant) with two causes of action for: (1) Whistleblower Retaliation in Violation of Labor Code § 1102.5; and (2) Wage Claim in V iolation of Labor Code §§ 201-203, 227.3. Acc...

Excerpt: ...G: 1. Motion for Leave to File First Amended Complaint is GRANTED. 2. The Proposed First Amended Complaint attached to the Proposed Order is deemed filed this date. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On June 14, 2022, Plaintiff DB Insurance Company LTD (Plaintiff) filed a Complaint against Defendant City of Los Angeles (Defendant) for subrogation. According to the Complaint, Plaintiff investigated a property damage claim due to LAPD'...

Excerpt: ...r Costs is GRANTED. 3. Defendant is ORDERED to remit payment within 45 days of notice of this ruling. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Andrea Arambula (“Plaintiff”) filed a complaint against Defendant General Motors, LLC on December 22, 2020. The complaint alleged causes of action based on a breach of the Song -Beverly Warranty Act. Plaintiff alleges that she purchased the Subjec t Vehicle from the Defendant, which la...

Excerpt: ...STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On December 2, 2021, Plaintiff Claire Lin (Plaintiff) filed a Complaint against Defendant General Motors, LLC (Defendant) with two causes of action for: (1) Breach of Implied Warranty of Merchantability under the Song -Beverly Consumer Warranty Act; and (2) Breach of Express Warranty under the Song -Beverly Consumer Warranty Act. The Complaint concerns Plaintiff's lease of a 2019 Chevrolet Bolt EV, ...

Excerpt: ...inty. 2. Motion to Strike the Prayer requesting punitive damages. TENTATIVE RULING: 1. Demurrer to the Fourth Cause of Action is SUSTAINED without leave to amend; 2. Motion to Strike is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On October 31, 2023, Plaintiff Samuel Linder (Plaintiff) filed a Complaint against Defendants Kia America, Inc. and 1st Kia Simi Valley (Defendants) with five causes of action for: (1) Violation of Lemon Law...

Excerpt: ...failure to comply with the Government Claims Act and for failure to plead facts sufficient to constitute a cause of action. 2. L.A. Care demurrer to the FAC for failure to plead facts sufficient to constitute a cause of action. TENTATIVE RULING: 1. Covered CA's Demurrer to the FAC is SUSTAINED in its entirety without leave to amend. 2. L.A. Care's Demurrer to the FAC is SUSTAINED in its entirety without leave to amend. STATEMENT OF MATERIAL FACTS...

Excerpt: ...EL DEFENDANT ALEKSANDRA BULGACH TO RESPOND TO FORM INTERROGATORIES (SET ONE), SPECIAL INTERROGATORIES (SET ONE), REQUESTS FOR PRODUCTION OF DOCUMENTS (SET ONE), AND MOTION TO DEEM REQUESTS FOR ADMISSION (SET ONE) ADMITTED; (3) REQUEST FOR SANCTIONS. MOVING PARTY: Plaintiff Maverick Bankcard, Inc. RESPONDING PARTY(S): None as of February 20, 2024 REQUESTED RELIEF: 1. An Order Compelling Defendant Watch Rapport, LLC to Respond to Plaintiff's Form I...

Excerpt: .... TENTATIVE RULING: 1. Motion to Quash Service of Summons is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On September 23, 2021, Plaintiffs Victor Gonzalez and Ana Gonzalez (Plaintiffs) filed a Complaint with six causes of action for: (1) Negligence, (2) Strict Liability – Warning Defect, (3) Strict Liability – Design Defect, (4) Fraudulent Concealment, (5) Br each of Implied Warranties, and (6) Loss of Consortium. On March 22, 20...

Excerpt: ...ird Amended Complaint. TENTATIVE RULING: 1. Motion for Leave to File Proposed Third Amended Complaint is GRANTED without prejudice. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On October 31, 2022, Plaintiffs Sagi Jacob Cohen and Shlomit Cohen (“Plaintiffs”) filed a complaint against Defendants First Coast Home Improvement, LLC; First Coast Home Improvement, business entity of form unknown; Sparkling Stones, LLC; Mariam Kevliyan; Avetis Av...

Excerpt: ...or uncertainty. TENTATIVE RULING: 1. Demurrer to the First, Second, and Fourth Causes of Action is OVERRULED; 2. Demurrer to the Third Cause of Action is SUSTAINED, without leave to amend pending argument by Plaintiffs. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On August 8, 2023, Plaintiffs Seung Jin Jwa and Run Rye Lee (Plaintiffs) filed a Complaint against Defendant Eung Hee Lee aka Eunghee Lee (Defendant) with six causes of action for: (...

Excerpt: ...STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On February 2, 2023, Plaintiff Steven Hea Chung (“Plaintiff”) filed a complaint against Defendants Danny Joseph Chahayed and Busy Man LA Ave., LLC (“Defendants.”) The complaint alleged three causes of action: (1) Contractual Fraud, (2) Breach of Contract – Purchasing Agreement, and (3) Breach of Contract – Lease Termination Agreement. The complaint alleges that Plaintiff and Defendant en...

Excerpt: ...e First Cause of Action as barred by the statute of limitations, for lacking standing, and for failure to state sufficient facts to constitute a cause of action; 2. Demurrer to the Second, Third, Fourth, and Fifth Causes of Action for lacking standing and for failure to state facts sufficient to constitute a cause of action. [1] TENTATIVE RULING: 1. Demurrer is SUSTAINED in its entirety as to Plaintiffs Nicholas J. Di Berardino and Michael Di Ber...

Excerpt: ...tion. TENTATIVE RULING: 1. Motion to Compel Arbitration is DENIED; 2. Request to stay is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On September 29, 2023, Plaintiff Kevin Hickey (Plaintiff) filed a Complaint against Defendant Transform Sears Home Services LLC with five causes of action for: (1) Discrimination in Violation of the FEHA; (2) Failure to Accommodate in Violation of the FEHA ; (3) Failure to Engage in the Interactive Proce...

Excerpt: ...D RELIEF: Demurrer 1. First Cause of Action for failure to state facts sufficient under CCP § 430.10(e). 2. Second Cause of Action for failure to state facts sufficient under CCP § 430.10(e) and uncertainty under CCP § 430.10(f). 3. Third Cause of Action for failure to state facts sufficient under CCP § 430.10(e). Motion to Strike 1. FAC, Paragraph 29, line 6- 7: “As a result, AHV is also entitled to punitive damages.” 2. FAC, Prayer for ...

Excerpt: ...ing aside the dismissal of Case No. 21STCV17645 and Case No. 21AVUD00003; 2. An Order setting aside the oral settlement agreement from October 17, 2023; and 3. An Order reinstating both cases to the trial calendar. TENTATIVE RULING: 1. Motion to Set Aside Dismissal, Set Aside Settlement Agreement, and Reinstate Case on Active Calendar is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On May 11, 2021, Plaintiff Lake Hughes Recovery, Inc. ...

Excerpt: ...F: 1. An Order striking the Request for Relief, Request 3, line 27: “Punitive damages in amounts according to proof;” TENTATIVE RULING: 1. Motion to Strike is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Janelle Ralla (Plaintiff) filed a complaint on May 24, 2023 with three causes of action for: (1) Breach of Warranty of Habitability; (2) Nuisance; and (3) Violation of Unfair Competition Law. The complaint alleges that Pl...

Excerpt: ...the First Amended Complaint. TENTATIVE RULING: 1. Demurrer to the First and Second Causes of Action is SUSTAINED with leave to amend; 2. Motion to Strike is DENIED as moot. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On December 7, 2022, Plaintiff D.L. (Plaintiff) filed a Complaint against Defendants DOE 1, a New York corporation and DOE 2, a California nonprofit corporation (Defendants) with three causes of action for: (1) Negligent Hiring, ...

Excerpt: ...of action; Plaintiff lacks standing to sue; and Ms. Jalilvand individually has no liability to Plaintiff. TENTATIVE RULING: 1. Demurrer to the FAC is SUSTAINED without leave to amend. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On October 28, 2020, Plaintiff Pacific Attorney Group (Plaintiff) filed a Complaint against Defendants Fred Panahi, Kamelia Jalilvand, and Jalilvand Law Corporation with ten causes of action for: 1. Intentional Interfe...

Excerpt: ...tions and for failure to state sufficient facts to constitute a cause of action; 2. Demurrer to the Ninth Cause of Action for Negligence because the Complaint is barred by the statute of limitations and for failure to state sufficient facts to constitute a cause of action; 3. Demurrer to the Eleventh Cause of Action for Aiding and Abetting because the Complaint is barred by the statute of limitations and for failure to state sufficient facts to c...

Excerpt: ...ncy Act, 47 U.S.C. § 230; 2. Demurrer to the entire First Amended Complaint on the grounds it is barred by the First Amendment of the United Stated Constitution; and 3. Demurrer to the entire First Amended Complaint for failure to state sufficient facts to constitute a cause of action against Reddit. TENTATIVE RULING: 1. Demurrer to the FAC is SUSTAINED in its entirety with 20 days leave to amend. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: ...

Excerpt: ...mmary Adjudication in Defendant's Favor of the First Cause of Action because Plaintiffs failed to establish Defendant unreasonably withheld benefits and there exists at most a genuine dispute as to whether any amounts claimed under the Policy are covered under the Policy; 3. Summary Adjudication in Defendant's Favor of the Second Cause of Action because the undisputed facts show there was no coverage under the Policy for Plaintiffs' claim; 4. Sum...

Excerpt: .... REQUESTED RELIEF: 1. An order sustaining the Demurrer as to all three causes of action in the SAC for failure to state facts sufficient to constitute a cause of action. CCP § 430.10(e). 2. An order sustaining the Demurrer as to the Second Cause of Action for uncertainty. CCP § 430.10(f). 3. An order striking various portions of the FAC that seek restitution and injunctive relief. TENTATIVE RULING: The Demurrer is Sustained without leave to am...

Excerpt: ...'s Favor. TENTATIVE RULING: 1. Motion for Summary Adjudication is GRANTED as to the First and Second Causes of Action and DENIED as to the Fourth and Fifth Causes of Action. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On December 7, 2021, Plaintiff 1 st Source Bank (Plaintiff) filed a Complaint against Defendants CTOUR Charter, LLC, CTOUR Investment Holding, Inc., and Charlie Lu (Defendants) with five causes of action for: (1) Breach of Lease...

Excerpt: ...Trustees of the Leroy E. Biondi Revocable Trust Demurrer: Defendants Peter Pierootti, Aptco, LLC, and Anna Marie Pierotti RESPONDING PARTY(S): Motion for Leave to File Third Amended Third-Party Complaint: Defendants Peter Pierootti, Aptco, LLC, and Anna Marie Pierotti Demurrer: Plaintiff-Intervenors Anita Kidd and Lawyrence H. Biondi, S.J., as Co-Trustees of the Leroy E. Biondi Revocable Trust REQUESTED RELIEF: Motion for Leave to File Third Amen...

Excerpt: ...try Romanenko, M.D. REQUESTED RELIEF: 1. An Order granting trial preference, setting trial no sooner than six months and no later than nine months from the date of granting the motion and to reset all trial-related cutoffs and deadlines to correspond to the new trial date. TENTATIVE RULING: 1. Plaintiffs' motion for trial preference is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On August 30, 2022, Plaintiffs Luna Ruiz-Esquivel, a mi...

Excerpt: ...n the amount of $3,427.85. TENTATIVE RULING: 1. Motion for Attorneys Fees and Costs is GRANTED as follows: a. $28,637.50 in attorneys' fees; b. $2,827.85 in costs. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On February 24, 2022, Plaintiffs Jacqulyn Kemp and Lloyd Dodds (Plaintiffs) filed a Complaint against Defendant Volkswagen Group of America, Inc. (Defendant) with two causes of action for: (1) Violation of Song-Beverly Act – Breach of E...

Excerpt: ...NG: 1. Demurrer to the Complaint is OVERRULED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On October 2, 2023, Plaintiff Anita Ogletree (Plaintiff) filed a Complaint against Defendant A-Sha Foods USA Co. Inc. d/b/a Ashandrynoodle.com with one cause of action for Violations of the Unruh Civil Rights Act. According to the Complaint, Plaintiff is a blind individual who utilizes screen reading software to read website content and access the inter...

Excerpt: ...amily Trust a/r, dated June 11, 2019 and as trustee of the Buttwinick Family Trust, dated May 4, 1990; Jill Buttwinick Zweier, as trustee of the Buttwinick Family Trust, dated May 4, 1990; and Karen Buttwinick, as trustee of the Buttwinick Family Trust, dated May 4, 1990. RESPONDING PARTY(S): Plaintiff Cubosfera, LLC REQUESTED RELIEF: 1. Demurrer to the Fourth Cause of Action for failure to state sufficient facts to constitute a cause of action a...

Excerpt: ...ULING: 1. Demurrer is OVERRULED in its entirety. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On May 23, 2023, Plaintiff Archie Donovan (Plaintiff) filed a Complaint against Defendant Christopher Spencer (Defendant) with one cause of action for [violation] of Civil Code Sec. 1950.5. According to the Complaint, Plaintiff was a tenant at property located at 1489 Stebbins Terrance, Los Angeles, California 90069 (the Property) which Defendant owne...

Excerpt: .... Demurrer to the Second and Third Causes of Action in the FAC for failure to state sufficient facts to constitute a cause of action; 3. An Order Striking various portions of the FAC. TENTATIVE RULING: 1. Demurrer to the First Cause of Action is OVERRULED; 2. Demurrer to the Second Cause of Action is SUSTAINED without leave to amend; 3. Demurrer to the Third Cause of Action is SUSTAINED with leave to amend; 4. Motion to Strike is GRANTED with lea...

Excerpt: ...ertainty. TENTATIVE RULING: 1. Demurrer to the Complaint is SUSTAINED in its entirety with leave to amend. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On August 8, 2023, Plaintiffs Seung Jin Jwa and Run Rye Lee (Plaintiffs) filed a Complaint against Defendant Eung Hee Lee aka Eunghee Lee (Defendant) with six causes of action for: (1) Breach of the Implied Covenant of Quiet Enjoyment; (2) Breach of the Implied Warranty of Habitability; (3) Bre...

Excerpt: ... December 12, 2023 REQUESTED RELIEF: 1. Demurrer to the entire First Amended Complaint for failure to state facts sufficient to constitute a cause of action. 2. Motion to Strike various portions of the First Amended Complaint pertaining to punitive damages. TENTATIVE RULING: 1. Demurrer to the Third Cause of Action is SUSTAINED without leave to amend; 2. Demurrer to the Fifth Cause of Action is OVERRULED; 3. Motion to Strike is GRANTED. STATEMENT...

Excerpt: ...ate sufficient facts to constitute a cause of action. 2. Motion to Strike Third Cause of Action for Partition because it was added without leave of court. TENTATIVE RULING: 1. Demurrer to the First and Second Causes of Action is SUSTAINED without leave to amend; 2. Motion to Strike the Third Cause of Action is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On February 16, 2023, Plaintiffs Jose Guadalupe Cuevas and Maria R. Cuevas (“Pl...

Excerpt: ...or Summary Adjudication is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On August 12, 2022, Plaintiffs Laura Pensamiento and Marcelo Fleitas (“Plaintiffs”) filed a complaint against Defendant Ford Motor Company (“Defendant.”) The complaint alleged 3 causes of action: (1) Breach of Implied Warranty of Merchantability under Song-Beverly Act, (2) Breach of Express Warranty under Song-Beverly Act, and (3) Fraudulent Concealment. Th...

Excerpt: ...mplaint for failure to state sufficient facts[1]; 2. Motion to Strike various portions of the First Amended Complaint. TENTATIVE RULING: 1. Demurrer to the First Cause of Action is OVERRULED as to the March 2019 employment contract; 2. Demurrer to the First Cause of Action is OVERRULED as to the November 25, 2021 Agreement as to Defendant Cohen and SUSTAINED as to Defendant Saxon; 3. Demurrer to the Second and Third Causes of Action is OVERRULED ...

Excerpt: ...morandum of Costs. TENTATIVE RULING: 1. Motion to Strike Costs is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On February 26, 2021, Plaintiff Maurilio Wilcox (“Plaintiff”) filed a complaint against Defendants Molina Healthcare, Inc., Zahrah Green and Does 1 through 20 (“Defendants”). The complaint alleged 13 causes of action: (1) Wrongful Termination in Violation of FEHA, (2) Discrimination in Violation of the CFRA, (3) Retal...

Excerpt: ...dant CVS Pharmacy, Inc. only. 2. The matter is STAYED pending arbitration. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On July 7, 2023, Plaintiff Mark Huard (Plaintiff) filed a Complaint against Defendants CVS Pharmacy, Inc. and Lew Arlington (Defendants) with eleven causes of action for: (1) Discrimination in Violation of the FEHA; (2) Hostile Work Environment in Violation of the FEHA; (3) Retaliation in Violation of the FEHA; (4) Failure to...

Excerpt: ...Katja Seib. TENTATIVE RULING: 1. Motion for Preliminary Injunction is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On April 19, 2023, Plaintiffs Lawrence Molbury and Rebecca Molbury (Plaintiffs) filed a Complaint against Defendants Michael Sinkov, Robert Babish, and SM Management LLC (Defendants) with four causes of action for: (1) Harassment; (2) Extortion; (3) Negligence; and (4) Discrimination against the Disabled. On August 17, 202...

Excerpt: ...TATIVE RULING: 1. Motion to Set Aside Default is GRANTED; 2. Defendant's Proposed Answer attached as Exhibit 1 is deemed filed this day. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On April 5, 2023, Plaintiff Farmand Property LLC (Plaintiff) filed a Complaint against Defendant Healthy Spot 016 LLC (Defendant) for breach of contract. According to the Complaint, Plaintiff owns a commercial building located at 1864 N. Vermont Ave., Los Angeles, ...

Excerpt: ...stitute a cause of action. TENTATIVE RULING: 1. Demurrer to the Complaint is SUSTAINED in its entirety with leave to amend. 2. Plaintiff to file an amended complaint within 14 days of notice of this order. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On June 30, 2023, Plaintiff Deborah Goldberg (Plaintiff) filed a Complaint against Defendants Serve Automation Inc., Benson Tsai, Brian Langone, and James Wahawisan (Defendants) with seven causes ...

Excerpt: ...G PARTY(S): Plaintiffs Victor Aguirre, Claudia Aguirre, Stephen Osterberg, Kenneth Fraser, Jacob Gonzalez, Nicholas Estrada, and Sergio Seanz REQUESTED RELIEF: 1. Summary Adjudication of the First, Second, Third, and Fourth Causes of Action because there is no triable issue of fact regarding whether Defendants' owed Plaintiffs a duty as Plaintiffs assumed the risk of harm; 2. Summary Adjudication of the Second Cause of Action because Defendants w...

Excerpt: ...rder for New Trial. TENTATIVE RULING: 1. Motion for Judgment Notwithstanding the Verdict is DENIED; 2. Motion for New Trial is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Diana Parros (Plaintiff) filed a Complaint against Defendant Kia Motors America, Inc. (Defendant) on June 15, 2018. On October 18, 2018, Plaintiff filed a First Amended Complaint. On February 19, 2019, Plaintiff filed a Second Amended Complaint. On July 1, ...

Excerpt: ... Plaintiffs' Failure to Properly Exhaust Administrative Remedies; 2. Summary Judgment as to Plaintiff Bonilla's Causes of Action as Barred by her Waiver of Claims Against One Stop, its employees, and assigns; 3. Summary Judgment as to the First through Eleventh and Fifteenth Causes of Action because Moving Defendant did not employ Plaintiffs, had no control over their employment or treatment, and had no relationship with Plaintiffs in any capacit...

Excerpt: ...onica M, Inc. dba W.I. Simonson REQUESTED RELIEF: 1. Each party has separately moved for an order compelling arbitration; 2. An Order appointing an Arbitrator. TENTATIVE RULING: 1. Motion to Compel Arbitration is GRANTED; 2. Within 10 days of this order, Plaintiff and Defendants are to lodge with the court lists of three arbitrators who handle Song-Beverly actions in the Los Angeles area. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On April 1...

Excerpt: ...ebruary 13, 2024 trial date pending appeal on dismissal of the cross- claims dismissed on Anti-SLAPP grounds. TENTATIVE RULING: 1. Motion to Continue Trial Pending Appeal is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On January 20, 2022, Plaintiff Timed Out, LLC (Plaintiff) filed a Complaint against Defendant Chippewa d/b/a Much and House Public Relations and Marketing Management (Defendant) with two causes of action for: (1) Implied...

Excerpt: ...rious portions of the SAC pertaining to punitive damages. TENTATIVE RULING: 1. Demurrer to the second, and ninth cause of action is SUSTAINED; 2. Demurrer to the fifth and sixth cause of action is OVERRULED; 3. Motion to Strike is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On October 11, 2022, Plaintiffs Samantha Rosales and Sergio Benitez (“Plaintiffs”) filed a complaint against Defendant Marissa Aguilera (“Defendant.”) The...

Excerpt: ...TIVE RULING: 1. Motion to Quash Service of Summons is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On September 23, 2021, Plaintiffs Victor Gonzalez and Ana Gonzalez (Plaintiffs) filed a Complaint with six causes of action for: (1) Negligence, (2) Strict Liability – Warning Defect, (3) Strict Liability – Design Defect, (4) Fraudulent Concealment, (5) Breach of Implied Warranties, and (6) Loss of Consortium. On March 22, 2022, Plai...

Excerpt: ...E RULING: 1. Motion for Judgment on the Pleadings is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On October 25, 2022, Plaintiff Jessica Martinez (Plaintiff) filed a Complaint against Defendant Los Angeles County Department of Public Social Services (DPSS) (Defendant) with causes of action for Emotional Distress, Property Damage, Torture, and Discrimination. According to the Complaint, in July 2013, Plaintiff went to a DPSS office to ...

Excerpt: ...t facts to constitute a cause of action. 2. Motion to Strike portions of the FAC pertaining to treble/punitive damages. TENTATIVE RULING: 1. Demurrer to the FAC is OVERRULED in its entirety; 2. Motion to Strike is GRANTED as follows: a. The court strikes: Prayer, Page 21: “c) Up to treble damages as against LAUSD pursuant to California Code of Civil Procedure § 240.1(A) AND 340.1(B)(1)(2).” b. The court strikes: Page 20, line 27, “appropri...

Excerpt: ... to File a First Amended Complaint is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On March 11, 2021, Plaintiff Jose Ayala (“Plaintiff”) filed a complaint against Defendants Somatdary, Inc., dba Rapid Plumbing, ADP Total Source FL XVI, Inc., ADP Total Source, Inc., and Abbas Pournahavandi (“Defendants.”) The complaint alleged 18 causes of action, including various labor code violations, fraud, intentional infliction of emotion...

Excerpt: ...ULING: 1. Motion to Transfer Venue is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On June 1, 2022, Plaintiff American Express National Bank (Plaintiff) filed a Complaint against Defendant Sungmee Chung (Defendant) with two causes of action for: (1) Common Counts: Book Account, Account Stated; and (2) Quantum Meruit – Reasonable Value. This case concerns an American Express Card that Defendant used and has failed to pay over the pas...

Excerpt: ...ilure to state facts sufficient and for uncertainty; 2. Request for attorney's fees and costs; 3. An Order striking various portions of the Cross-Complaint pertaining to punitive damages and attorney's fees. TENTATIVE RULING: 1. Demurrer to the First Cause of Action is SUSTAINED as to Mairam and D-MAS with leave to amend but OVERRULED it as to Yagudaev; 2. Demurrer to the Second Cause of Action is SUSTAINED with leave to amend; 3. Demurrer to the...

Excerpt: ...Amended Complaint for failure to state facts sufficient and for uncertainty. 2. An Order striking various portions of the First Amended Complaint. TENTATIVE RULING: 1. The court SUSTAINS the demurrer with leave to amend; 2. The court DENIES the motion to strike as moot. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On February 27, 2023, Plaintiff John Bernard Carlin (Plaintiff) filed a Complaint against Defendants Stephen Copen, Stephen Copen T...

Excerpt: ... An order striking portions of the First Amended Complaint. FINAL RULING: Special Motion to Strike is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On May 4, 2023, Plaintiff Estate of Etsuko Toguri, by and through Trustee Kathleen "Miki" Toguri ("Plaintiff") filed a first amended complaint (FAC) against Anna Marie Pierott, Peter Pierotti, and Aptco, LLC. ("Defendants." ) The complaint alleged six causes of action: (1) Breach of Fiduciar...

Excerpt: ...ions of the FAC. TENTATIVE RULING: 1. Demurrer to the FAC is OVERRULED in its entirety. 2. Motion to Strike is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On December 19, 2022, Plaintiffs Andrew Stafford and Alexa Greger (Plaintiffs) filed a Complaint against Defendant Christine Fadley (Defendant) with nine causes of action for: (1) Private Nuisance, (2) Intentional Influence to Vacate, (3) Termination of Estate, Civil Code § 789.3 (...

Excerpt: ...TIVE RULING: 1. Motion to Quash Service of Summons is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On September 23, 2021, Plaintiffs Victor Gonzalez and Ana Gonzalez (Plaintiffs) filed a Complaint with six causes of action for: (1) Negligence, (2) Strict Liability – Warning Defect, (3) Strict Liability – Design Defect, (4) Fraudulent Concealment, (5) Breach of Implied Warranties, and (6) Loss of Consortium. On March 22, 2022, Plai...

Excerpt: ...Demurrer to the Fourth Cause of Action for failure to state facts sufficient and for uncertainty. (CCP §§ 430.10(e) and 430.10(f).) TENTATIVE RULING: 1. The court SUSTAINS Defendant Trevino's Demurrer with leave to amend. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On December 14, 2022, Plaintiff Arthur Ross Allen (Plaintiff) filed a Complaint against Defendants Jaime A. Calderon and Raul Trevino. On December 21, 2022, Plaintiff filed a Not...

Excerpt: .... Background On August 29, 2022, Plaintiff Anahitasadat Abolghasemi (Plaintiff ) initiated this action by Ðiling a Complaint alleging eight claims against Defendants 99 Cents Only Stores, LLC, Bargain Wholesale, and Does 1 to 100: (1) General Negligence; (2) Gross Negligence; (3) Product Liability/Failure to Warn; (4) Negligence/Product Liability; (5) Negligent Hiring, Supervision, and Retention of Employee; (6) Strict Products Liability; (7) B...

Excerpt: ...erest, plus reasonable attorney's fees and costs, as allowed under the subject lease and guaranty of lease; 2. Summary Adjudication of the First Cause of Action for Breach of Written Lease against Defendant Tahaira; 3. Summary Adjudication of the Second Cause of Action for Breach of Written Guaranty of Lease against Defendants Kali Christina Young Burns and Elvir Hukic. TENTATIVE RULING: 1. Motion for Summary Judgment is GRANTED. STATEMENT OF MAT...

Excerpt: ...e Action Pending Arbitration. TENTATIVE RULING: 1. Motion to Compel Arbitration is DENIED; 2. Motion requesting dismissal or stay pending arbitration is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On July 28, 2023, Plaintiff Stephanie Abundis (Plaintiff) filed a Complaint against Defendants Comprehensive Surgical Solutions, LLC and Nick Philpott (Defendants) with seven causes of action for: (1) Discrimination on the Basis of Sex/Gende...

Excerpt: ...d complaint or, in the alternative, an order setting aside the default entered on DATE. TENTATIVE RULING: 1. Motion to Quash Service of Summons and Complaint is DENIED; 2. Motion to Set Aside Default is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On April 3, 2023, Plaintiff Saul Marroquin (Plaintiff) filed a Complaint against Defendant Jorge Luis Ravelo requesting a temporary restraining order, a preliminary injunction, and a permane...

Excerpt: .... Motion to Compel Arbitration is GRANTED. 2. Matter is STAYED pending arbitration. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On July 7, 2023, Plaintiff Vicky Garcia (Plaintiff) filed a Complaint against Defendants Macy's, Inc., Macy's West Stores, Inc., Macy's Retail Holdings, LLC, and Karina Vasquez with thirteen causes of action for: (1) Discrimination in Violation of Gov't Code §§ 12940 et seq.; (2) Retaliation in Violation of Gov't C...

Excerpt: ...AYED pending Arbitration. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On May 16, 2023, Plaintiff Adi Dweck (Plaintiff) filed a Complaint against Defendant Tesla Motors, Inc. (Defendant) with four causes of action for: (1) Violation of Civil Code §1793.2(d); (2) Violation of Civil Code §1793.2(b); (3) Violation of Civil Code §1793.2(a)(3); and (4) Breach of the Implied Warranty of Merchantability. According to the Complaint, this claim conc...

Excerpt: ...tion for breach of contract for failure to state facts sufficient. CCP § 430.10(e). 2. Demurrer as to the second cause of action for breach of covenant of good faith and fair dealing for failure to state facts sufficient. CCP § 430.10(e). TENTATIVE RULING: 1. Demurrer is SUSTAINED in its entirety with leave to amend. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs Jem Community Center and BSD Properties, LLC (Plaintiffs) filed a comp...

Excerpt: ...T OF MATERIAL FACTS AND/OR PROCEEDINGS: On May 10, 2023, Arbitrator Constance Ellen Bouidis (the Arbitrator) with FINRA Dispute Resolution Services issued an Arbitration Award in favor of Petitioner Jordan Varela (Petitioner) and against Respondent Wells Fargo Advisors Financial Network (WFAN). The Award requires the expungement of all references to Occurrence Number 2094046 from the registration records maintained by the CRD for Petitioner. The ...

Excerpt: ...aintiff's pending action. TENTATIVE RULING: 1. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On February 7, 2022, Plaintiff Valerie Lynn Smith (Plaintiff) filed a Complaint against Defendants The Buffalo Club Limited Partnership and Brayner Ferry (Defendants) with seven causes of action for: (1) sexual battery; (2) sexual harassment; (3) sex discrimination; (4) failure to take all reasonable steps necessary to prevent sexual harassment and disc...

Excerpt: ... Francis Chao and Steven Francis Chao [1] and Cross-Complainant Herair Garboushian. REQUESTED RELIEF: 1. Demurrer to the fourth cause of action in the First Amended Cross-Complaint for Declaratory Relief for failure to state a claim. (Cal. Code Civ. Proc. (CCP) § 430.10(e).) TENTATIVE RULING: 1. Demurrer to the fourth cause of action is OVERRULED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On March 28, 2022, Plaintiffs Reed L. Harman and Na...

Excerpt: ...RULING: 1. Motion to Compel Arbitration is GRANTED; 2. The action is STAYED pending arbitration. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On March 30, 2023, Plaintiff William Velis (Plaintiff) filed a Complaint against Defendants Pacific Bell Telephone Co. and AT&T Services, Inc. (Defendants). The Complaint has eight causes of action for: 1. Disability Discrimination in Violation of FEHA; 2. Retaliation for Requesting a Reasonable Accommod...

Excerpt: ...-West, Ltd., Allen Gage, Larry Johnson, Dave White, and ROES 1 through 50, inclusive. TENTATIVE RULING: 1. Motion for Leave to File Cross-Complaint is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Tri-West filed the Complaint on September 26, 2022, against Defendants Kolay Flooring International, LLC (Kolay), MODM Kolay Manufacturing, LLC (Modm), and Daniel Mitchell (Mitchell) alleging (1) breach of contract, (2) fraud, (3) c...

Excerpt: ...otion to Strike is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Daisy Gomez (Plaintiff) filed a Complaint against Defendant The Illumination Foundation (Defendant) on May 12, 2023 with nine causes of action for: 1. Discrimination in Violation of Gov't Code §§ 12940 et seq.; 2. Retaliation in Violation of Gov't Code §§ 12940 et seq.; 3. Failure to Prevent Discrimination and Retaliation in Violation of Gov't Code § 12940(...

Excerpt: ... for Fraudulent Inducement – Intentional Misrepresentation. 2. Summary Adjudication of Plaintiffs' Prayer for Punitive Damages. TENTATIVE RULING: 1. Defendant's motion for summary adjudication as to Plaintiffs' Fourth Cause of Action for Fraudulent Inducement – Intentional Misrepresentation is GRANTED. 2. Defendant's motion for summary adjudication as to Plaintiffs' Prayer for Punitive Damages is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PR...

Excerpt: ...y Defendant in this action. TENTATIVE RULING: 1. Defendant's Motion to Protective Order is GRANTED as to its Internal Testing Documents already produced to Plaintiffs and any additional Internal Testing Documents that Defendant subsequently produces in discovery. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs Doroteo Gonzales Jr. and Terry Gonzales (Plaintiffs) filed a Wrongful Death Complaint against Defendants Kido Sports Co., Ltd.,...

Excerpt: ...STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Rhayeka C. Stewart (Plaintiff) filed a Complaint on July 21, 2023 against Defendant Eric Robbins, an individual and Successor Trustee of the Barbara Jean Powell Trust, Dated March 22, 2007 (Defendant). The Complaint has seven causes of action for: (1) Order Invalidating Purported Amendment to Trust Based on Lack of Capacity, Undue Influence, and Fraud; (2) Elder Abuse; (3) Conversion; (4) ...

Excerpt: ...TIVE RULING: 1. Motion to Compel Arbitration is GRANTED as to Defendant Dr. Susan Love Research Foundation only. 2. Motion to Stay Proceedings is GRANTED as to Defendant Dr. Susan Love Research Foundation only. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff David Miller (Plaintiff) filed a Complaint against Defendants Dr. Susan Love Research Foundation, Trinet Group, Inc., and Trinet HR, III, Inc. on January 10, 2023 with seven causes ...

Excerpt: ...vocable Trust (Defendants) RESPONDING PARTY(S): None REQUESTED RELIEF: Demurrer 1. Demurrer to the First Cause of Action for Breach of the Warranty of Habitability for failure to state facts sufficient to constitute a cause of action and for uncertainty. (CCP § 430.10(e) & CCP § 430.10(f).) 2. Demurrer to the Second Cause of Action for Nuisance for failure to state facts sufficient to constitute a cause of action and for uncertainty. (CCP § 43...

Excerpt: ...ainst Defendant. (CCP § 430.10(e).) 2. Defendant also demurrers to on the grounds that this cause of action is barred by the applicable statute of limitations. TENTATIVE RULING: 1. Demurrer is SUSTAINED without leave to amend. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On February 6, 2023, Plaintiff James F. Barger (Plaintiff) filed a Complaint against Defendant Burke Eiteljorg (Defendant). Defendant demurrered to the Complaint, which the c...

Excerpt: ...omplaint; [2] and 3. An order striking Page 15, line 23 – Page 16, line 2 from the First Amended Complaint. [3] TENTATIVE RULING: 1. Defendant's Motion to Strike is DENIED as to Page 15, line 17 of the First Amended Complaint; 2. Defendant's Motion to Strike is GRANTED as to Page 15, lines 18-22 of the First Amended Complaint; and 3. Defendant's Motion to Strike is GRANTED as to Page 15, line 23 – Page 16, line 2 from the First Amended Compla...

Excerpt: ...ment. TENTATIVE RULING: 1. Motion for Summary Judgment is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Chris Cowart (Plaintiff) filed a Complaint on August 23, 2021. He filed a First Amended Complaint (FAC) on January 20, 2022. He filed a Second Amended Complaint (SAC) on June 2, 2022. The SAC has one cause of action for: Wrongful Termination in Violation of the Collective Bargaining Agreement, Article 27 Section 19, or the ...

Excerpt: ... American Honda Motor Company, Inc. requests the court to dismiss Plaintiffs' Complaint because Arkansas is a more appropriate forum. TENTATIVE RULING: 1. The court DENIES Defendant's Motion to Dismiss; 2. The court STAYS the matter pursuant to CCP § 410.30(a) pending Plaintiffs' refiling in Arkansas. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs currently reside in Siloam Springs, Arkansas. Defendant is headquartered in Torrance, C...

Excerpt: ... submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. “Code of Civil Procedure section 598 allows a party to seek an order before trial ‘that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the cas...

Excerpt: ...djudication as to two issues of duty. RULING: 1. Motion for Summary Adjudication is DENIED, as to both issues. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On May 18, 2022, Plaintiffs Corey Fields, E'mori Groomes, Emmia Groomes, Larry Fields, Lacey Fields and Nature Fields (“Plaintiffs”) filed a complaint against Defendants FPI Management, Inc., Samoa Avenue Housing LP, and Suzanne Sparks (“Defendants.”) The complaint alleged 8 causes ...