Excerpt: ...granted thirty days leave to amend. Defendant Dawn M. Coulson, Esq.'s Motion to Strike is GRANTED. Plaintiff is granted thirty days leave to amend. The Court sets an OSC Re: Dismissal for Failure to Enter Default as to Defendant Epps & Coulson, LLP (served 1/27/23) for July 20, 2023 at 8:30 a.m. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. FACTUAL BACKGROUND This i...

Excerpt: ...enter judgment against Got Cars? Auto Group Inc. until it enters Default Judgment against defendant M&N Financing Corporation, or until M&N Financing Corporation is dismissed. The Court sets an OSC Re: Entry of Default Judgment as to Defendant M&N Financing Corporation for August 10, 2023 at 8:30 a.m. and also an OSC Re: Entry of Judgment against Defendant Got Cars. All papers must be filed at least five court days in advance of the hearing date....

Excerpt: ...anty Act ("SBA"). The Complaint alleges as follows. On April 9, 2022, plaintiffs Lisa Thomas and Wade Thomas ("Plaintiffs") leased a new Nissan Leaf (the "Subject Vehicle") manufactured by defendant Nissan North America, Inc. ("Nissan"). (Compl. 8.) Express warranties accompanied the sale of the Subject Vehicle. (Ibid.) The Subject Vehicle was delivered to Plaintiffs with serious nonconformities and defects. (Compl. g.) Nissan has been unable to ...

Excerpt: ...oving party to provide notice. FACTUAL BACKGROUND This is an action for declaratory relief and fraudulent transfer. The Complaint alleges as follows. On September 16, 2019, Plaintiff Bow Tie Realty & Investment, Inc. ("Plaintiff') was awarded judgment against Defendant Caroline S. Lee ("Lee") in the amount of "72,892.19 in Caroline S. Lee v. Jong Han Lee, et al., Case No. BC697147 ("First Lawsuit"). Thatjudgment included an award based on a claim...

Excerpt: ...l Properties, LLC's Demurrer to the Third Amended Cross-Complaint is OVERRULED. The Court sets for July 18, 2023 at 8:30 a.m. an OSC Re: Dismissal "'Imposition of Sanctions in the amount of $500 for Failure to File Proof of Service of the Third Amended Cross-Complaint on Cross-Defendants Russell Berney and Berney Law Corporation pursuant to CRC Rule 3.110 3.110(0 and Code of Civil Procedure sections 581 and 583. These cross-defendants were first ...

Excerpt: ...policies and surveillance manual. The parties represent that Whole Foods produced the insurance policies and surveillance manual after this motion was filed. Because the materials have now been produced: the Court declines to Impose sanctions with respect to these materials. The remaining issue is Plaintiffs allegation that Whole Foods intentionally spoliated its surveillance footage. Whether Whole Foods destroyed footage of the incident is a dis...

Excerpt: ...reement does not constitute a waiver the right to arbitrate by Defendant. this matter will be continued to allow a short time for the completion of discovery. The discovery will consist of the depositions of the four individuals listed in Plaintiffs Request to Present Oral Testimony (filed on 2/24/2023). The topics will be limited to the items set forth in the filing. At the hearing, a continued hearing date Will be set, as well as a supplemental...

Excerpt: ...der the Song-Beverly Consumer Warranty Act ("SBA"). The Complaint alleges as follows. Plaintiffs Ariadne Acosta and Sonia Acosta ("Plaintiffs") purchased a new 2019 Nissan Sentra (the "Subject Vehicle") manufactured by defendant Nissan North America ("Nissan"). (Compl. 5.) The Subject Vehicle was purchased with express and implied warranties. (Compl. 7.) Plaintiffs have delivered the Subject Vehicle to Nissan's authorized repair facility four tim...

Excerpt: ...of action (other than the one for wrongful death) are survival causes of action; (2) the applicabili$y of the Arbitration Agreement to all survival causes of action; (3) whether any survival causes of action are covered by Section 1295; (4) the impact of the FAA choice of law provision on the applicability of Section 1281.2(c) to this case; and (5) the impact of the statement in Section 1281.20 that "This subdivision shall not be applicable to an...

Excerpt: ...rer to the First Amended Complaint is OVERRULED. Defendant California Automobile Insurance Companys Motion to Strike is GRANTED. Plaintiff is granted five days leave to file and serve the Second Amended Complaint attached to its filing. Defendant must file and serve an answer within 20 days after service of the Second Amended Complaint Moving party to provide notice and to file proof of service of such notice within five court days after the date...

Excerpt: ...stant action alleging lemon law causes of action against defendant FCA US, LLC (FCA) and a cause of action for negligent repair against defendant Elk Grove Auto Group, Inc. dba Elk Grove Dodge Chrysler Jeep Ram (Elk Grove), in connection with a vehicle purchased from Elk Grove on March 18, 2018. On February 15, 2023, defendants each filed a motion to compel arbitration. On May 8, 2023, plaintiff dismissed Elk Grove from this action, thus mooting ...

Excerpt: ...to Strike is GRANTED as to the Second Cause of Action. Defendants RHS Surani Inc. and Salima Surani's Demurrer to the First Cause of Action is SUSTAINED. Plaintiff is granted thirty days leave to amend. Defendants RHS Surani Inc. and Salima Surani's Demurrer to the Third Cause of Action is SUSTAINED without leave to amend. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this orde...

Excerpt: ...of such notice within five court days after the date of this order. FACTUAL BACKGROUND This is an action for breach of contract related to renovation defects. The Complaint alleges as follows. Plaintiff Daniel Chu ("Plaintiff') purchased a home (the "Subject Property") from Defendant GRCA2 ("GRCA2") in 2014 pursuant to a Residential Purchase Agreement ("RPA"). (Compl. 9.) GRCA2 and Defendant Gerry Wiener ("Wiener" and together GRCA2, "Movants") a...

Excerpt: ...Plaintiff) filed suit on March 30, 2022 against Naima Richardson ("Defendant") and several Does. The First Amended Complaint ("FAC") is the operative complaint here and was filed on April 14, 2022. The FAC stems from an April I, 2021 incident where Defendant hosted a Twitch Stream on which Defendant allegedly made numerous malicious statements of purported facts about Plaintiff that Defendant knew were false. (FAC, 17.) Defendant also began posti...

Excerpt: ...The motion to compel further responses to Defendan€s Request for Production is granted. Further responses without objections (except for those based on privileged) must be served withm I O days after the date of this order. Any responsive and any privilege log shall be served within 10 days after the date of this order. The motion to compel further responses to Defendants form and special interrogatories are demed. The request for sanctions is ...

Excerpt: ... notice and to file proof of service of such notice within five court days after the date of this order. FACTUAL BACKGROUND Plaintiffs F.D. I and F.D. 2 (plaintiffs) allege they served on the faculty for defendant University of Southern California (USC), who employed defendant James Cunningham (Cunningham) during all periods relevant to plaintiffs' complaint On February 25, 2022, plaintiffs sued USC and Cunningham for thirteen causes of action ar...

Excerpt: ...fs, if they wish, must file their amended complaint on or before July 13, 2023. Moving paror to provide notice and to file proof of service of such notice within five court days after the date of this order. FACTUAL BACKGROUND Plaintiff Saeed Novel alleges that during some period in the past — the precise dates are unclear from the complaint— he kept a business account with defendant Bank of America, N.A. (BANA). (Compl„ 1:18.) (BANA states...

Excerpt: ... ADMISSION AND FOR MONETARY SANCTIONS AGAINST VAGATOR PRODUCTIONS SARLAND ITS COUNSEL OF RECORD IN THE AMOUNT OF $3,740 Plaintiff Humanoids, Inc.'s Motion for an Order Deeming Admitted the Genuineness of all Documents Request in Plaintiffs First Set of Requests for Admission is DENIED. The request for Monetary Sanctions Against Vagator Productions Sarl and its Counsel of Record is GRANTED. Sanctions in the amount of 51,375 are jointly and several...

Excerpt: ... to Strike portions of the Fourth Amended Complaint is GRANTED as to the allegations pertaining to direct claims and punitive damages and DENIED as to the rest. Moving paror to provide notice and to file proof of service of such notice within five court days after the date of this order. FACTUAL BACKGROUND This is an action for breach of contract/fiduciary duties brought by a corporate shareholder/former director against the subject corporations'...

Excerpt: ... is procedurally Improper, the Court regards it instead as a demurrer to Plaintiffs FAC. The Court sustains the demurrer. At the hearing, the Court wishes to hear from Plaintiff on the issue of leave to amend as Plaintiff filed no opposition to the motion. Moving paror to provide notice and to file proof of service of such notice within five court days after the date of this order. Discussion Factual Background The Court accepts the allegations i...

Excerpt: ...e, LP's First Amended Cross-Complaint. This action arises out of a dispute betureen a security company and one of its former employees. The Cross- Complaint alleges as follows. Pacheco began working for Universal in December, 2019 and was terminated in October 2020 after Universal received three complaints about Pacheco's inappropriate behavior toward other employees. (Amended Cross-Complaint, 7-15.) However, even after he was terminated, Pacheco...

Excerpt: ...ion for Summary Adjudication as to the third cause of action is DENIED. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. FACTUAL BACKGROUND This is an action for breach of contract The operative Third Amended Complaint ("TAC") alleges as follows. Plaintiff Dennis Luna ("Luna") was deeded property located at 700 Keenan St„ Montebello CA (the "Subject Property/' ) from...

Excerpt: ...y Adjudication is DENIED as to all other issues. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. FACTUAL BACKGROUND This is an action brought under the Song-Beverly Consumer Warranty Act ("SBA"). The operative First Amended Complaint ("FAC") alleges as follows. On February 9, 2012, Plaintiff Albert Addis ("Plaintiff) purchased a new 2012 Kia Sportage (the Subject Vehi...

Excerpt: ... to amend should be granted. Plaintiff has not served the following Defendants, and filed the proof of service, in violation of California Rules of Court, rule 3.110: Nina Mendoza, Steven Hannigan, Patrick Westgate, Claudia Velasquez, Dave Henry, and Michele Wilson. The Court issues an Order to Show Cause why the listed defendants should not be dismissed for violation of rule 3.110, and lack of prosecution under Code of Civil Procedure sections 5...

Excerpt: ...laint within five court days after the date of this order. Defendants' Motion for Leave to File a Cross-Complaintis GRANTED. Defendants are to file and serve the Cross-Complaint within five court days after the date ofthis order. Moving parties are ordered to provide notice and to file proof of service of such notice within five court days after the date of this order. FACTUAL BACKGROUND This is an action for residential uninhabitability. The Com...