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 ...

Excerpt: ... named Sandy McDougall) RESPONDING PARTIES: Plaintiff David Posner REQUESTED RELIEF: 1. Moving Defendants demurrer to the entire Complaint as to Defendant Alexander MacDougall a/k/a Sandy MacDougall (erroneously sued as Sandy McDougall) as a matter of law. 2. Moving Defendants also demurrer to the Second Cause of Action, Fourth Cause of Action, Fifth Cause of Action, and Sixth Cause of Action for failing to state facts sufficient to constitute a ...

Excerpt: ... STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On December 20, 2022, Plaintiff Kandace M. Dudley (“Plaintiff”) filed a complaint against Defendant County of Los Angeles (“Defendant.”) The compliant alleged seven causes of action based upon discrimination and retaliation in violation of FEHA as well as a failure to accommodate. The complaint alleges that Plaintiff was illegally terminated. During her time working for Defendant, Plaintiff...

Excerpt: ...f action. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On February 16, 2023, Plaintiffs Jose Guadalupe Cuevas and Maria R. Cuevas (“Plaintiffs”) filed a complaint against Defendant Pedro Cuevas aka Daniel Velasco and all persons known and unknown claiming any legal or equitable right, title, estate, lien, or interest in the property described in the complaint adverse to the plaintiff's title, or any cloud on plaintiff's title thereto (“D...

Excerpt: ... the Interrogatories is GRANTED. 2. Motion to Deem RFAs admitted is GRANTED 3. Request for Sanctions 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 var...

Excerpt: ...n to Strike is GRANTED, with leave to amend. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On November 23, 2021, Plaintiff 40723 Murrieta Hot Springs Rd., LLC (“Plaintiff”) filed a Complaint against Defendant Gio Roofing, Inc., (“Defendant.”) The complaint alleged four causes of action: (1) Breach of Contract, (2) Breach of Implied Warranty, (3) Negligence, and (4) Fraud. The complaint alleges that Plaintiff hired Defendant to install a...

Excerpt: ...nts. TENTATIVE RULING: 1. Motion to Compel Further Responses is GRANTED, in part, and DENIED, in part. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On January 26, 2022, Plaintiffs Victor Monrroy De Jesus and Maria Hurtado (“Plaintiffs”) filed a complaint against Defendant General Motors, LLC (“Defendant.”). The complaint alleged two causes of action: (1) Violation of Song-Beverly – Breach of Express Warranty and (2) Violation of Song...

Excerpt: ...t. TENTATIVE RULING: 1. Demurrer is SUSTAINED, without leave to amend, as to the 1 st, 2 nd, and 13 th causes of action and with leave to amend as to the 11 th cause of action. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On December 19, 2022, Plaintiffs Raul Cabrera and Yany E. Acosta Pena (“Plaintiffs”) filed a complaint against Defendants O'Gara Coach Company, LLC, and Feng Li (“Defendants.”) The complaint alleged five causes of act...

Excerpt: ...the Third Amended Complaint. TENTATIVE RULING: 1. Demurrer as to 1 st and 2nd causes of action in the Third Amended Complaint is OVERRULED. 2. Demurrer as to the Third Cause of Action is SUSTAINED without leave to amend. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On February 28, 2022, Plaintiff Ali Ebneshahidi DC filed a complaint against Law Offices of Willoughby and Associates Inc. The First Amended Complaint was filed on June 13, 2022. Th...

Excerpt: ...aintiff Jack Song (“Plaintiff”) filed a complaint against Defendants Seok Kim, Kyeong Hee Im, Abba Trading Corp., and Sung En Jaeke Lee (“Defendants.”) The complaint alleged seven causes of action, including breach of contract and fraud. The complaint alleges that Plaintiff provided Defendants a loan of $120,000, which was to be paid back within 2 years. However, Defendants failed to do so in full. Moreover, Plaintiff alleges that Defenda...

Excerpt: ...ENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On November 9, 2022, Plaintiff Carlos Balbona (“Plaintiff”) filed a complaint against Defendant Jamie Biver (“Defendant.”) The complaint alleged five causes of action: (1) Quiet Title, (2) Trespass, (3) Nuisance, (4) Declaratory Relief, and (5) Nuisance in Violation of Civil Code § 841.4. The complaint alleges that Plaintiff owns a parcel of land on Calvert Street in North Hollywood, California, ...

Excerpt: ...s of the FAC that request punitive damages and attorneys' fees. TENTATIVE RULING: 1. Demurrer is OVERRULED, as to causes of action 1, 3, 4, 6, 8, 9. 2. Demurrer is SUSTAINED, with leave to amend, as to the remaining causes of action. 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 Agui...

Excerpt: ... An order sustaining the demurrer as to the 1 st, 2 nd, 3 rd, 4 th, 5 th, 7 th, and 8 th causes of action. 2. An order striking various portions of the Complaint that request punitive and exemplary damages. TENTATIVE RULING: 1. Demurrer as to the 3 rd and 5 th causes of action is SUSTAINED, with leave to amend. 2. Demurrer as to the 1 st, 2 nd, 4 th, 7 th and 8 th causes of action is OVERRULED. 3. Motion to Strike is GRANTED, with leave to amend....

Excerpt: ...$49,488. 2. An order awarding attorneys' fees in the amount of $20,694 TENTATIVE RULING: 1. Defendant's Motion for Attorneys' Fees against Plaintiff is GRANTED in the amount of $10,500. 2. Cross-Defendant's Motion for Attorneys' Fees against Cross-Complainant is GRANTED in the amount of $6,000. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On June 22, 2022, Plaintiff Wilfred J. Killian (“Plaintiff”) filed a complaint against Defendants Marc...

Excerpt: ...n October 1, 2018, Hallock Design Hospitality, LLC (“HDH”) filed a First Amended Complaint in the Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida in Case No. 2018- 000477-CA-01, captioned Hallock Design Hospitality, LLC v. Sam Vaziri Vance et al. (the "Florida Action"). The Florida Action alleged breach of contract against Sam Vaziri Vance, Inc. dba Sama Eyewear ("SVVI") and civil theft and fraud against SVVl'...

Excerpt: ...1. Motion for Attorney Fees pursuant to Code of Civil Procedure § 128.5 is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On June 6, 2018, Plaintiffs Lester Singer and Monica Mercado (“Plaintiffs”) filed a complaint against Greystar (“Defendant.”) The complaint alleged six causes of action: (1) Premises Liability, (2) Negligence, (3) Battery, (4) Assault, (5) Assault, and (6) Intentional Infliction of Emotional Distress. The com...

Excerpt: ...increasing the bond amount. TENTATIVE RULING: 1. Motion to Vacate Stay of Enforcement is DENIED. 2. Request for an Increase Bond Amount is GRANTED, by a total of $100,000. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Oh August 9, 2016, Plaintiff Arturo Rubinstein (“Plaintiff”) filed a complaint against Defendant Paris P. Fakheri. The complaint asserted one cause of action for money lent. The complaint alleges that between November 2013 and...

Excerpt: ...o REQUESTED RELIEF: 1. An order awarding costs incurred to Plaintiffs for service of summons. TENTATIVE RULING: 1. Motion to Recover Costs of Service is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On March 28, 2022, Plaintiffs Reed Harman and Nan Harman, Individually, as Trustees of the Visalia Trust (“Plaintiffs”) filed a complaint against Defendants Stanley Francis Chao and Steven Francis Chao (“Defendants.”) The complaint ...

Excerpt: ...MENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On September 9, 2021, Plaintiff Seonah Jo (“Plaintiff”) filed a complaint against Defendant Jinyeung Choi (“Defendant.”) The complaint alleged four causes of action: (1) Breach of Contract, (2) Breach of Fiduciary Duty, (3) Unjust Enrichment, and (4) Declaratory Relief. The complaint alleges that the parties entered into an oral agreement to operate a business partnership regarding the operation ...