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