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: ...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: ...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: ...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...