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...