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2023.07.28 Motion to Compel Further Production of Docs 525
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.28
Excerpt: ...Motion for an Order Compelling Defendant, Ultracor, inc.'s Further Production of Requested Documents as per Ultracor's February 2023 Statement of Compliance with Judge Reinert's Order granting the prior motion to compel. (2) Request for Sanctions ¿¿ Tentative Rulings: (1) GRANTED. Plaintiff's Counsel is directed to submit a proposed order specifying exactly what categories of documents are to be produced, whether per the February 2023 Statement...
2023.07.27 Motion to Compel Arbitration 341
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.27
Excerpt: ...rbitration (2) Dealer's Motion to Compel Arbitration Tentative Rulings: (1) DENIED. The Court determines Ochoa to be better reasoned than Felisilda (2) JRDTSP LLC, d/b/a Scott Robinson Chrysler Dodge Jeep Ram's Motion to Compel Arbitration is mooted by Plaintiff's dismissal of the dealer. ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On February 7, 2023, Plaintiff, Allison Wilson (“Plaintiff”) filed a Complaint against Defendants, FCA US, LLC...
2023.07.27 Motion for Summary Judgment, Adjudication 127
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.27
Excerpt: ...s: (1) Motion for Summary Judgment is GRANTED I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On November 2, 2022, Plaintiff, Optio Solutions, LLC (“Plaintiff”) filed a complaint against Defendants, Global United Solutions, Inc., Global Transport, John Silva, and DOES 1 through 10. The Complaint alleges a cause of action for a “bounced” check. Plaintiff notes that on December 16, 2022, Defendant Silva made a general appearance in the action upon fi...
2023.07.27 Motion for Protective Order 101
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.27
Excerpt: ...: (1) The Court will issue a nunc pro tunc order vacating the protective order inadvertently entered by the Court on June 16, 2023 (2) The Court will take oral argument as to revisions to the Defendants' proposed protective order that reduce the claimed “onerous” provisions (3) Pending agreement or disagreement on a revised protective order, the Court will order a limited scope of dissemination and publication of documents produced after June...
2023.07.27 Motion to Compel Further Responses, for Sanctions 462
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.27
Excerpt: ... to Special Interrogatories, Set Two (2) Motion to Compel Further Responses to Request for Production of Documents, Set Two (3) Request for Sanctions Tentative Rulings: (1) Plaintiffs' Motion to Compel Further Responses to Special Interrogatories, Set Two is GRANTED. Verified further responses, without objections, shall be provided on or before August 18, 2023 with a signed proof of service (2) Plaintiffs' Motion to Compel Further Responses to Re...
2023.07.25 Motion to Continue Trial 545
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.25
Excerpt: ...ediate this case with Judge Kauffman (ret.), and as to whether a very brief postponement until the remining plaintiffs have been deposed is a viable option I. BACKGROUND¿ ¿ A. Factual¿ On August 6, 2019, Plaintiffs filed their Complaint. Plaintiffs' operative First Amended Complaint (“FAC”) was filed on January 5, 2021. Plaintiffs allege the following facts. Plaintiffs' decedent was a pedestrian operating a wheelchair. On December 13, 2017...
2023.07.25 Motion for Change of Venue 781
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.25
Excerpt: ...um-connected location than Los Angeles County for the case to be litigated and tried I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On March 17, 2023, Plaintiff, Calsafe Research Center, Inc (“Plaintiff”) filed a Complaint against Defendant, Maruchan, Inc. (“Defendant”) and DPES 1 through 10. On May 5, 2023, Plaintiff filed a First Amended Complaint (“FAC”) alleging a cause of action for: (1) Violation of Proposition 65. The facts in this...
2023.07.25 Demurrer, Motion to Strike 583
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.25
Excerpt: ...� MOTION:¿ (1) Demurrer¿ (2) Motion to Strike (3) CMC scheduled for August 8, 2023 ¿ Tentative Rulings: (1) SUSTAINED. Plaintiff should be prepared to argue whether he truthfully can amend to overcome the pleading defects discussed below (2) MOOTED (3) DISCUSS. If the tentative stands, and if Plaintiff cannot amend in good faith, there will be no reason to maintain a CMC on calendar. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On February 28...
2023.07.25 Demurrer 112
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.25
Excerpt: ...STAINED. Discuss whether Plaintiff can fairly amend to avoid the inconsistencies between the FAC and its incorporated exhibits, discuss the sham pleading argument raised in the Demurrer, and discuss whether Plaintiff can sufficiently amend to overcome the other pleading defects outlined in the Demurrer I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On November 1, 2022, Plaintiff, Reza Abolahrar (“Plaintiff”) filed a Complaint against Defendants, ...
2023.07.21 Demurrer 563
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.21
Excerpt: ...led.) (2) Ocean Recovery, LLC (No Opposition filed.) TRIAL DATE: None set MOTION: (1) Defendants, Scottsdale Indemnity Company, Nationwide Mutual Insurance Company, and Scottsdale Insurance Company's Demurrer to SAC (2) Defendant, Sullivan Curtis Monroe Insurance Services, LLC's Demurrer to SAC, with motion to strike (3) Plaintiff's Ex Parte Application for Leave to File Third Amended Complaint (4) Case Management Conference Tentative Rulings: (1...
2023.07.20 Motion to Compel Production, for Sanctions, Demurrer to FAC 911
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.20
Excerpt: ...r Production, Requests for Admission, Special Interrogatories and Form Interrogatories. (2) Defendant Lil' Wave's Motion to Compel Requests for Production, Requests for Admission, Special Interrogatories and Form Interrogatories. (3) Request for Sanctions (4) Demurrer to First Amended Complaint ¿¿ Tentative Rulings: (1) Defendant Dodson's Motion to Compel GRANTED. (2) Defendant Lil' Wave's Motion to Compel GRANTED. (3) Sanctions DENIED without ...
2023.07.20 Motion for Summary Judgment, Adjudication 002
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.20
Excerpt: ...¿¿ A. Factual¿¿ On October 20, 2022, Plaintiff, American Express National Bank (“Plaintiff”) filed a Complaint against Defendant, Sandi Love. The Complaint alleges a cause of action for Common Count. Plaintiff now files a Motion for Summary Judgment or in the alternative, Motion for Summary Adjudication. ¿¿ B. Procedural¿¿ On February 27, 2023, Plaintiff filed a Motion for Summary Judgment. To date, no opposition has been filed. Plain...
2023.07.18 Motion for Determination of Good Faith Settlement 034
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.18
Excerpt: ...tative Rulings: (1) GRANTED. However, the Court will take oral argument from COIT as to the existence and evidence supporting an express contractual indemnity agreement between COIT and Safety-Kleen, and will take argument as to whether COIT participated in the settlement discussions with Plaintiffs that led to Safety-Klee's settlement, i.e., did Plaintiffs make a settlement offer to COIT as well? I. BACKGROUND¿ ¿ A. Factual¿ On February 21, 2...
2023.07.18 Motion to Quash or Modify Subpoena 265
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.18
Excerpt: ...Grant Modification of the SDT as detailed in the last paragraph of this ruling I. BACKGROUND¿ ¿ A. Factual¿ Plaintiff Doe filed this action against Defendants Innovative Fertility Center, Mark J. Rispler (collectively “Defendants”), and Does 1-50 on September 9, 2021. On November 15, 2021, Plaintiff filed a First Amended Complaint (“FAC”) against Defendants alleging the following causes of action: (1) Battery; (2) Sexual Battery; (3) M...
2023.07.18 Motion for Leave to File Complaint 545
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.18
Excerpt: ...he Plaintiffs are willing to stipulate to continue the trial. Weighing heavily on the Court on this motion is the fact that the motion is being heard two week before trial in a case that was filed in 2019 I. BACKGROUND¿ A. Factual¿ ¿¿ On August 6, 2019, Plaintiffs filed their Complaint. Plaintiffs' operative First Amended Complaint (“FAC”) was filed on January 5, 2021. Plaintiffs allege the following facts: Plaintiffs' decedent was a pede...
2023.07.18 Motion for Preliminary Approval of Class Action and PAGA Settlement 881
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.18
Excerpt: ...ive Rulings: (1) Defendant's Motion to Strike is GRANTED According to the Settlement Agreement, the checks will be mailed by first class mail, but how will the Class Notice be sent? Does counsel have dates to propose for the future hearing and mailings, etc. that are left blank? ¿¿ ¿ I. BACKGROUNG A. Factual On OctoNotice, Plaintiff, Mark Sailas, individually, and on behalf of aggrieved employees pursuant to the PAGA, filed a Complaint against...
2023.07.17 Motion to Set Aside Judgment 707
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.17
Excerpt: ...iscuss the requested item 2 of the proposed order, given that the Clerks' office somehow accepted Defendants'' Answer for filing after the default had been entered. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On March 9, 2023, Plaintiff, Claire Tehan Ravizza, individually, and as trustee of The Ravizza Family Trust (“Plaintiff”) filed a Complaint against Defendant, Jorge Sanchez, Gabrielle K. Sanchez, and Does 1 through 20. The Complaint al...
2023.07.17 Motion for Leave to Amend and File FAC, for Trial Preference 101
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.17
Excerpt: ...ile FAC (2) Motion for Trial Preference ¿ Tentative Rulings: (1) Plaintiff's Motion for Leave to Amend and File FAC is to be ARGUED, especially why the intentional tort allegations were not included in the original pleading (2) Plaintiff's Motion for Trial Preference is GRANTED, with a trial date of November 13, 2023 and an FSC on November 1, 2023. (3) The Court will discuss with counsel a Case Management Order to address the truncated time in w...
2023.07.14 Motion to Enforce Settlement Agreement 873
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.14
Excerpt: ...s are limited to the terms of the signed "short-form" mediator settlement agreement. Defendants are to submit a proposed order consistent with this Tentative Ruling unless the Court is persuaded otherwise by oral argument at the hearing . BACKGROUNDé A. Factuali This lawsuit alleging bodily injury and emotional distress damages arises from a long-term tenancy where Plaintiff rented an apartment in Hermosa Beach allegedly owned by Defendant Dorot...
2023.07.14 Motion to Compel Arbitration 531
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.14
Excerpt: ...¿ On February 23, 2023, Plaintiffs, Somaya G. Ishaq and Spectre Holdings, LLC (“Plaintiff”) filed a Complaint against Defendant, Tesla Motors, Inc., and DOES 1 through 10. The Complaint alleges 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 section 1793.2(a)(3); (4) Breach of Express Written Warranty – Civil Code § 1791.2 (a), Section 1794; and (5) Brea...
2023.07.13 Motion for Judgment on the Pleadings 508
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.13
Excerpt: ...the parties in this and the related matter before this Court have filed a variety of motions so that the Court is well acquainted with the two lawsuits and the allegations. Secondarily, the Court is disappointed that what is essentially a pleading motion has been filed many years after suit was filed, as to matters that might well have been addressed by demurrer or by a few specifically targeted contention interrogatories. The opposition papers a...
2023.07.13 Demurrer, Motion to Strike 204
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.13
Excerpt: ...ity to amend as the Opposition raises several issues which are susceptible of amendment if Plaintiff can overcome the claim-presentation defect. (2) Defendants' Motion to Strike is MOOTED. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On March 18, 2021, Plaintiff, Alan Hall (“Plaintiff”) filed a Complaint against Defendant, City of Lawndale (“Defendant”). On February 8, 2022, Plaintiff filed a First Amended Complaint (“FAC”). On Octob...
2023.07.12 Motion for Summary Judgment, Adjudication 791
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.12
Excerpt: ...djudication by Defendant JBT (2) MSJ as to individual Defendants Orquiola and Banda ¿ Tentative Ruling: (1) ARGUE. Even though the motion is unopposed, the Court's review of Defendants' evidence may raise a triable issue of fact as to what discipline and suspension policies applied to Plaintiff, and whether he did or did not violate them. While the motion characterizes the FAC as a claim for termination in violation of public policy, the Court r...
2023.07.12 Application for Writ of Possession 523
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.12
Excerpt: ...Tentative Rulings: (1) Plaintiff's Application for Writ of Possession is GRANTED. I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On February 23, 2023, Plaintiff, VW Credit Inc., a corporation dba VW Credit Leasing LTD, filed a Complaint against Defendants Deloria Brendell King aka Deloria B. King aka Deloria King, an individual, Krash Collision LLC, Korman Redd, Sr., aka Korman Redd individually and dba Krash Collision, California Department ...
2023.07.11 Motion to Consolidate 987
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.11
Excerpt: ...TCV48987 – June 10, 2024 22STCV17938 – Not Set. ¿ MOTION:¿ (1) Motion to Consolidate Tentative Rulings: (1) GRANT in part. The Court in its discretion finds good cause to consolidate the two cases for discovery purposes but not for trial ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ This motion involves two cases. First, Case No. 20STCV48987, Smiley Sean and Ramsey Sean, as surviving heirs of Mark S. Sean, deceased v. Samantha N. Herasme, et al....

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