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