Excerpt: ...D as to the Second, Third and Fifth Causes of Action. 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 Quiet Title. The Complaint alleges as follows. Plaintiff Susana de Loera ("Plaintiff') has been living at 14936 Aztec Street. Sylmar, CA 91342 (the "Sub]ect Property/' ) since 1990. (Compl. 5.) In 1993, Plaintiff entered into a...

Excerpt: ...f 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 Complaint alleges as follows. Plaintiffs Francisco Elias and Teresa Elias ("Plaintiffs") purchased a 2015 Dodge Ram 1500 (the "Subject Vehicle") manufactured by defendant FCA US, LLC ("FCA"). (Compl. I g.) Plaintiff entered into a warranty contract with FCA by which FCA undertook...

Excerpt: ... 10 days after the date of this order. Defendant Healthcare Security Service, Inc.'s Request for Monetary Sanctions is GRANTED. Sanctions in the amount of $1,260 are jointly and severally imposed on Plaintiff and Plaintiffs Counsel. Sanctions are payable within I O days after the date of this order. 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 Th...

Excerpt: ...nce date of June 8, 2023 at II a.m. for review of proposed judgment. Moving paror to provide notice and to file proof of such notice within five court days after the date ofthis order. FACTUAL BACKGROUND This is an action for breach of contract The operative Second Amended Complaint ("SACO alleges as follows. Defendants Danny Gerardi ("Gerardi") and Thomas Atwood ("At•.vood" and collectively with Gerardi, the "Sellers") hired Defendant Rodeo Re...

Excerpt: ...emainder of Defendants' Motion for Summary Judgment is DENIED. FACTUAL BACKGROUND This is an action for uninhabitability of a rental unit. The Complaint alleges as follows. On August 31, 2016, plaintiff Giovanna Bruna De Azevedo CPIamtiff') entered into a residential lease agreement with defendant Fernando Santos to rent a unit managed by Fernando Santos and defendant Maria Estrella Santos (together, "Defendants") at 149 S. Normandie Ave„ Los A...

Excerpt: ...tter. The Court held oral argument on this motion on May 3, 2023. Defendant Catamount Properties 2018 LLC's Anti-SLAPP Motion to Strike the Third Amended Complaint of Trina Allen is GRANTED. Defendant Catamount Properties 2018 LLC's Demurrer to the Third Amended Complaint is OVERRULED as moot 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 a...

Excerpt: ...fendant Don Frederick Shefte is hereby vacated and pursuant to the request of Plaintiff Defendant Don Frederick Shefte is DISMISSED WITH PREJUDICE. The Court Sets an OSC Re: Why the Remaining Defendants Should Not Be Dismissed for Failing to Bring the Defendants to Trial Within 5 years (plus SIX months) pursuant to Code of Civil Procedure Section 581 (g), 583.210 and 583.250; and OSC Re: Why Defendant Tom Sims Should not be Dismissed for Failure ...

Excerpt: ...ion 473 (d), based on a claim of lack of proper service, not Section 473(b). The Court notes that if there is any proper motion brought with a sufficient legal basis for setting aside the defaults, the Court would grant such a motion. The Court notes that Defendants offered to accept service through their attorney if Plaintiff would set aside the defaults. The Court urges the parties to meet and confer to see an agreement may be reached. Moving p...

Excerpt: ...otion to Compel the Clerk ofthe Court to Enter Default is DENIED. The Court sets an OSC Re: Dismissal for Failure to Request Entry of Default pursuant to Code of Civil Procedure Section 581 (g) and 583.410 and California Rule of Court 3.110(g) (Case Management Conference Moving parg.' 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 debt col...

Excerpt: ...f this order. FACTUAL BACKGROUND This is an action brought under the Song-Beverly Consumer Warranty Act ("SBA"). The Complaint alleges as follows. Plaintiffs Francisco Elias and Teresa Elias ("Plaintiffs") purchased a 2015 Dodge Ram 1500 (the "Subject Vehicle") manufactured by defendant FCA US, LLC ("FCA"). (Compl. I g.) Plaintiff entered into a warranW contract with FCA by which FCA undertook to preserve the utility and performance of the Subjec...

Excerpt: ... a landscaping project Plaintiff Christopher Michael Dowding filed his Complaint against Hilary Susan Rose, Dirty Girl Organic Landcare, and David Michael Talla on February 25, 2021. On April 28, 2022, Plaintiff filed a Doe Amendment naming Todd Blue and Sapphire America, LLC as defendants in this action. On February 21, 2023, the Court granted the motion for summary judgment filed by Defendants Todd Blue and Sapphire America, LLC. On March 2, 20...

Excerpt: ...L BACKGROUND This is an appeal ofa Labor Commissioners Award. PROCEDURAL HISTORY On September 16, 2021, appellant Robert McKiernan ("McKiernan") filed the Appeal of Labor Commissioner's Award. On January 7, 2022, the parties submitted their Trial Briefs. On February 7, 2022, the non-jury trial commenced. On July 13, 2022, the Court entered its Tentative Statement of Decision findmg that Appellant Jimmy Wang ("Wang") could be held personally liabl...

Excerpt: ...n's arguments as to whether leave to amend should be granted. FACTUAL BACKGROUND This is an action for an unpaid bond. The Complaint alleges as follows. Plaintiff Hartford Fire Insurance Company ("Plaintiff') issued to Defendant Courtney Hanlon dba Hanlon Talent Agency ("Defendant") a License and Permit Bond (the "Bond") in the amount of $50,000.00. (Compl. 7; Exh. A.) The Bond was issued pursuant to an application and indemnity agreement (the "A...

Excerpt: ...anty Act ("SBA"). The Complaint alleges as follows. Plamtiff Maria Zavala ("Plaintiff) purchased a new Nissan Murano (the "Subject Vehicle") manufactured by defendant Nissan North America, Inc. ("Nissan"). (Compl. 8-9.) Plaintiff entered into an express written contract With Nissan by which Nissan undertook to preserve the utility and performance of the Subject Vehicle or provide compensation for Nissan's failure to do such; that warranty period ...

Excerpt: ...Summary Judgment/Summary Adjudication is DENIED as to all other causes of action. FACTUAL BACKGROUND This is an action brought under the Song-Beverly Consumer Warranty Act ("SBA"). The Complaint alleges as follows. In August 2013, Plaintiffs Luis Gonzalez ("Gonzalez") and Maria Horta ("Horta" and with Gonzalez, "Plaintiffs") purchased a 2013 Kia Optima with an express, written warranty, plus a subsequent 10 year/ 120,000 mile warranty extension f...

Excerpt: ...ion 473 (d), based on a claim of lack of proper service, not Section 473(b). The Court notes that if there is any proper motion brought with a sufficient legal basis for setting aside the defaults, the Court would grant such a motion. The Court notes that Defendants offered to accept service through their attorney if Plaintiff would set aside the defaults. The Court urges the parties to meet and confer to see an agreement may be reached. Moving p...

Excerpt: ...st, Second, Third, Fourth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth and Fifteenth causes of action is SUSTAINED without leave to amend as to Cross-Complamant Romy Tiffanie Han in her individual capacity only. The remainder of Cross-DefendantJee Hoon Choi's Demurrer is OVERRULED. Cross-DefendantJee Hoon Choi's Motion to Strike is GRANTED without leave to amend. The answer to the cross-complaint must be filed and served w...

Excerpt: ... Fourth and Fifth Causes of Action in the First Amended Complaint is SUSTAINED. Plaintiff is granted thirty days leave to amend. Moving parties 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 wrongful foreclosure and fraud. The operative First Amended Complaint ("FAC") alleges as follows. Plaintiff Montano Investments, Inc. ("Plaintiff') wo...

Excerpt: ...rejudice. AutoZone, Inc. and AutoZoners, LLC's Request for Monetary Sanctions against Plaintiffs Counsel is DENIED. FACTUAL BACKGROUND This is an action for workplace harassment brought under the Fair Employment and Housing Act ("FEHR). The Complaint alleges as follows. Plaintiff Leslie Valencia ("Plaintiff') was hired as an associate by defendants AutoZone, Inc. and AutoZoners, LLC (together, "AutoZone") in September 2019. (Compl. I I.) While em...

Excerpt: ...nd Dismissal of Cross Complaint Filed by Rodolfo Secaida for Failure to File POS/Default Cross-Defendant Cristobal Vasquez for April 12, 2023 at 8:30 a.m. The motion is granted. A proposed judgement must be filed within 20 days. Moving parties to provide notice and to file proof of service of such notice within five court days after the date of this order. Background This is an action for negligence and motor vehicle negligence arising from a veh...

Excerpt: ...out prejudice. FACTUAL BACKGROUND This is an action for wrongful death, fraud, and elder abuse. The operative Second Amended Complaint (“SAC”) alleges as follows. Plaintiffs Richard Cordova (“Cordova”), and Maria Poroy (“Poroy”) are the children of decedent Sumie Cordova (“Decedent”). (SAC ¶ 14.) On or about September 12, 2018, Cordova was contacted by multiple firms regarding the foreclosure sale of Decedent's property (“Subje...

Excerpt: ...anctions is DENIED. Defendants Firefly Fabrications, LLC and Justin Campbell's Motion for Monetary Sanctions is GRANTED in the amount of $3,600.00 against Plaintiff's Counsel only. Sanctions are payable within 30 days. 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 First Amended Complaint alle...

Excerpt: ...laintiff”) owns real property located at 3223 W. 6th St., Los Angeles, CA 90020. (Compl. at p. 1.) Defendant Young Hyo Kim (“Kim”) agreed to rent a unit in the subject property for $3,800.00 a month. (Ibid.) Kim's tenancy was terminated for cause. (Compl. at p. 2.) Plaintiff personally served Kim with a copy of the 3-day notice to pay rent or quit on March 14, 2023. (Ibid.) Kim currently owes past due rent in the amount of $45,600.00. (Comp...

Excerpt: ...efendants' operative responsive pleading. FACTUAL BACKGROUND This is an action to set aside a void judgment. The Complaint alleges as follows. Plaintiff Eric Shaub Mori (“Plaintiff”) and defendants Joe Connolly (“Joe”) and Jeri Connolly (“Jeri” and together, “Defendants”) were involved in prior litigation (the “Underlying Case”) in this Court. (Compl. ¶ 2.) In the Underlying Case, default judgment was entered for Defendants a...

Excerpt: ...CKGROUND This is an action for breach of an oral contract to form a joint venture. The operative Third Amended Complaint (“TAC”) alleges as follows. In 2020, non-party John Park (“Park”), principal of defendant Parkwest Bicycle Casino, LLC (“Parkwest”), purchased a minority share in a Southern California casino with the intent to ultimately purchase the entire operation. (TAC ¶ 10.) Park was introduced to the principals of non-party ...

Excerpt: ...e notice. DISCUSSION Plaintiff moves for orders compelling Postmates' PMK to appear for deposition. Plaintiff's counsel testifies that on July 14, 2022, Plaintiff served a deposition notice on Postmates, setting a deposition for its PMK for August 18, 2022. (Marks Decl., ¶4.) The deposition notice requested production of “each WRITING that RELATES TO each insurance policy in force and effect, including, but not limited to, primary, concurrent,...

Excerpt: ...s filed by Defendants -Motion to Deem Request for Admission (Set One) Admitted by Plaintiff and Request for Monetary Sanctions filed by Defendants DECISION The court motions are granted. Plaintiff is ordered to serve verified responses without objections within 15 days after the date of this order. The Request for Admission (Set One) are deemed admitted by Plaintiff. The requests for monetary sanctions are denied, except that the request as to th...

Excerpt: ...er. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. Background This action was commenced on January 21, 2020. This is action is based on a car accident that occurred on May 14, 2019. Plaintiffs to this action are Hugo Rodgriguez-Benitez and Angel Alejandro Rodriguez and the defendants are Kris Kim and BNA Textile, Inc. Defendant Kim filed the instant motions to compel...

Excerpt: ...ring date. Defendant Farnaz Eghbali is ordered to file evidence establishing that the service address (638 14th Street Santa Monica, CA 90402-2930) was not his dwelling house or usual place of abode as of March 15, 2022, the alleged date of service. Moving party to provide notice. Background This is an action for negligence arising from a vehicle collision which took place in July 2018. Plaintiff Jonathan Pineda filed his Complaint against Defend...

Excerpt: ...ship, Inc. on May 3, 2021. On May 10, 2021, Plaintiff filed a First Amended Complaint. Defendant filed the instant motion to compel compliance with deposition subpoena on November 29, 2022. Summary Moving Arguments Defendant seeks orders compelling T-Mobile to comply with the deposition subpoena Defendant issued on August 9, 2022. Opposing Arguments None. Legal Standard A party seeking discovery from a person who is not a party to the action may ...

Excerpt: ...instant motion to have the raw psychological testing materials from Defendant's expert psychiatrist produced to Plaintiff's' attorney. Plaintiff is not seeking the production of these materials to Plaintiff's own expert psychiatrist or psychologist. Defendant offered to produce the materials to such an expert pursuant to a protective order and the Court would order such production if it were sought. Summary Moving Arguments Plaintiff moves for an...

Excerpt: ...ident on a sidewalk. Plaintiff Joan Cornelius filed her Complaint against Defendants County of Los Angeles and the City of Covina on July 14, 2021. Defendant the City of Covina was dismissed on November 3, 2021. Defendant County of Los Angeles, the only remaining defendant in this action, filed its motion for summary judgment on January 24, 2023. Summary Moving Arguments Defendant argues that it is entitled to summary judgment because (1) Defenda...

Excerpt: ...ve court days after the date of this order. Background This is an action for negligence arising from a vehicle collision which took place in February 2020. Plaintiffs Stephany Bernal, Victor Pompa, and Eddie Bernal Cisneros filed their Complaint against Defendant Geovanny Torres Montalvo on April 22, 2021. On December 2, 2022, Defendant filed the instant motion for leave to file a cross-complaint. Summary Moving Arguments Defendant moves for leav...

Excerpt: ...ter the date of this order. Bac kground This is an action for negligence arising from a vehicle collision which took place in July 2018. Plaintiff Daniela Guardia Villegas filed her Complaint against MGM Truck Lines and Orlando Euceda Jimenez on June 29, 2020. Defendants filed their motion to compel Ryan Block to appear for deposition on March 15, 2023. Summary Mo vi ng Argum ents Defendants argue that Plaintiffs counsel, Ryan Block, is a percipi...

Excerpt: ...t One) and Request for Monetary Sanctions filed by Tuizer -Motion to Compel Plaintiff Ron Uzan's Responses to Special Interrogatories (Set One) and Request for Monetary Sanctions filed by Tuizer -Motion to Compel Plaintiff Ron Uzan's Responses to Request for Production (Set One) and Request for Monetary Sanctions filed by Defendant Tuizer DECISION Th e five motions are gra nted. The requests for sanctions are also granted. Plaintiff Uzan is order...

Excerpt: ...g paror to provide notice and to file proof of service of such notice within five court days after the date of this order. Bac kground This is an action for negligence and motor vehicle negligence arising from a vehicle collision which took place in May 2021. Plaintiff David Rivero filed his Complaint against the Estate of Michael Christopher Donely, The Beasley Group, LLC, and Roy Beasley on December 30, 2022. Defendants filed the instant motion...

Excerpt: ...ummary judgment on January 13, 2 023. Summary M o vi ng Argum ents Defendant argues that there is no evidence that a dangerous condition existed at the time of Plaintiffs trip and fall. Defendant alleges that although Plaintiff thought she tripped on a pallet, she could not remember what the alleged condition looked like and did not know what she tripped on. Opposing Arguments Plaintiff argues that a pallet caused Plaintiffs fall. Plaintiff alleg...

Excerpt: ...o File Proof of Service ofthe Complaint as to Defendant Plaza Americana within 60 Days after Filing the Complaint pursuant to California Rules of Court 3.110(b), (O for April 28, 2023 at 8:30 a.m. The motion is denied. Moving paror to provide notice and to file proof of service of such notice within five court days after the date of this order. Bac kground This is an action for negligence and premises liability arising from a trip and fall incide...

Excerpt: ...dants Brea Auto Body, Inc. and Virginia Ann Pina. On January 30, 2023, Defendant Virginia Pina filed her memorandum of costs. On February 9, 2023, Plaintiff Tinasha Sullivan filed her motion to tax costs. On February 10, 2023, Plaintiff Herman Murphy filed his motion to tax costs. Sum mary• Mo ving Arguments Plamtiff Herman Murphy moves to tax Pina's requests for filing fees, motion fees, deposition costs, service fees, and electronic filing or...

Excerpt: ...le proof of service of such notice within five court days after the date of this order. Bac kground On January 21, 2021, Miguel Urias Higuera ("Plaintiff) initiated the present action by filing a Complaint against Los Angeles County Metropolitan Transportation Authori$y ("Defendant"). Plaintiffs Complaint arises from a fire which occurred on a passenger bus owned and operated by Defendant, which caused Plaintiff, who was a passenger on the aforem...

Excerpt: ...2023. Summary M o vi ng Argum ents Defendant moves for summary judgment on the grounds that (I) Defendant performed a reasonable inspection shortly before the incident; (2) Defendant did not create the hazard that caused Plaintiffs fall; and (3) Defendant did not have a reasonable amount of time to discover and correct the alleged condition. Opposing Arguments Plaintiff argues that a triable issue of material fact exists as to whether Defendant c...

Excerpt: ... Moving parg,• to provide notice. Summary Mo vi ng Argum ents Weingarten argues that Plaintiff failed to appear for his first noticed IME and must be compelled to attend his next noticed IME. Weingarten also argues that although Plaintiff has agreed to appear for an IME, other issues remam unresolved. Specifically, Defendant seeks monetary sanctions against Plaintiff for his failure to appear for the IME, which include a $1,500 no-show fee. Opp...

Excerpt: ...ER THE LEAD CASE NUMBER AND CAPTION OF THE LEAD CASE. Case numbers on all subsequent filings should be reflected as follows: Lead case number c/w other case number(s). Any presently calendared motions in cases other than the lead case shall be continued to the newly assigned Department and shall be re-noticed and re-scheduled through the Courts online reservation system to the next available date in Department SSC-30 by the moving party. Moving p...

Excerpt: ...mary Mo vi ng Argum ents Defendant Kim seeks to compel the billing person most knowledgeable ("billing PMK") from Plaintiffs medical provider, Biohealth Pain Management ("Biohealth"), to appear at deposition. Defendant alleges that the billing PMK Dr. Rostam Khoshar, refused to appear for the deposition because he was demanding $1,200 per hour for the deposition. Defendant alleges that Code Civ. Proc„ section 2020.230, subd. (a) provides that a...

Excerpt: ...od. Moving paror to provide notice and to file proof of service of such notice within five court days after the date of this order. und This is an action for negligence arising from a vehicle collision which took place in August 2017. Plaintiff Clive Duvall filed his Complaint against Lillian and Nathan Horwitz on August 12, 2019. On July 14, 2022, the Court dismissed Lilian Horwitz from this action for Plaintiffs failure to serve within the two-...

Excerpt: ...h below. The parties are to meet and confer and file with the Court a proposed protective order along the lines set forth by Defendant. Moving party to provide notice. Discussion Plaintiff moves for production of the "raw data" relating to the psy:hological examination of Plaintiff conducted by Defendant's expert Dr. Manual Saint Martin, a psychiatrist and neurologist. Specifically, Plaintiff requests production of (I) the tests administered to P...

Excerpt: ...inia Ann Pina. On January 30, 2023, Defendant Virginia Pma filed her memorandum of costs. On February 9, 2023, Plaintiff Tinasha Sullivan filed her motion to tax costs. On February 10, 2023, Plaintiff Herman Murphy filed his motion to tax costs. Summary Mo vi ng Argum ents Plaintiff Herman Murphy moves to tax Pina's requests for filing fees, motion fees, deposition costs, service fees, and electronic filing or service fees on the grounds that the...

Excerpt: ...s that going forward the Court expects the parties to resolve these matters. Moving paror to give notice. Bac kground This is an action for negligence arising from a vehicle collision which took place in November 2019. Plaintiff Tyron Edwards filed his Complaint against George Gonzalez, the Southern California Edison Company, and Edison International on July 29, 2020. On February I O, 2023, Plaintiff filed the instant motion to quash subpoenas. S...

Excerpt: ...o file proof of service of such notice within five court days after the date of this order. Background This is an action for negligence and premises liability arising from a slip and fall incident which took place in June 2019. Plaintiff Guadalupe Garcia filed her Complaint against Defendant Bodega Latina Corporation on January 4, 2021. On February 6, 2023, Defendant filed the instant motion to compel Plaintiff to appear for a second [ME. On Febr...

Excerpt: ...of such notice within five court days after the date of this order. Bac kground This is an action for negligence, premises liability, and a dangerous condition ofpublic property arising from a trip and fall incident that took place in July 201 g. Plaintiff Anna Nguyen filed her Complaint against the City of Los Angeles, the County of Los Angeles, the Hollywood Chamber of Commerce, and the Hollywood Historic Truston January 10, 2020. On January 20...