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2023.08.18 Demurrer 003
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.18
Excerpt: ...ability or eat or drink without difficulty. ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On April 3, 2023, Plaintiff, Brian Whitaker (“Plaintiff”) filed a Complaint against Defendant, Allynn 2 Inc., and DOES 1 through 50. The Complaint alleges the following causes of action: (1) Violation of the Unruh Civil Rights Act; and (2) Violation of the California Disabled Persons Act. The Complaint is based on the fact that Allynn 2 Inc. owned “The Bake...
2023.08.17 Motion to Strike 353
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.17
Excerpt: ... A. Factual¿¿ ¿ On April 28, 2023, Plaintiffs, Juan Lemus and Charmain Agravante-Lemus filed a Complaint against Defendants, Robin Taporco, Jerelyn Taporco, and DOES 1 through 100. The Complaint alleges causes of action for: (1) Breach of Oral Contract; (2) Negligent Misrepresentation; and (3) Fraudulent Misrepresentation. On June 7, 2023, Defendants brought a Cross-Complaint against Plaintiffs, alleging causes of action for: (1) Breach of Ora...
2023.08.17 Motion to Dismiss or Stay Action Based on Forum Non Conveniens 782
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.17
Excerpt: ...l entertain oral argument as to whether venue would be more appropriate in Fresno County, Plaintiffs' residence, than Los Angeles County, and whether the balance of public and private interests would change were other parties such as those with Nevada domiciles or principal places of business were added as defendants ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On June 5, 2023, Plaintiffs, Michael Boggs and Christina Cohan (collectively “Plaintiffs...
2023.08.16 Motion for Sanctions 938
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.16
Excerpt: ...ri & Algorri, LLP in the amount of $7,500. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On June 1, 2022, Plaintiff, Voyager Indemnity Insurance Company (“Plaintiff”) filed this action against Defendants, Smiley Sean and Ramsey Sean as surviving heirs of Mark S. Sean, deceased (collectively “Defendants”). On July 20, 2022, Plaintiff filed a First Amended Complaint (“FAC”) alleging a cause of action for Declaratory Relief. This action ...
2023.08.15 Motion to Compel Further Responses 273
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.15
Excerpt: ...ESPONDING PARTY: Defendants, Jay H. Zimmerman and Thomas B. Zimmerman ¿¿¿ TRIAL DATE: March 18, 2024 ¿¿¿ MOTION:¿ (1) Motion to Compel Further Responses and to Compel Defendant, Jay H. Zimmerman's Production of Documents to Requests for Production, Set One (2) Request for Sanctions Tentative Rulings: (1) ARGUE (2) DEFER ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On April 11, 2022, plaintiff David R. Zimmerman, in his indi...
2023.08.15 Demurrer, Motion to Strike 970
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.15
Excerpt: ...berto Munoz ¿¿ TRIAL DATE: None set.¿ ¿¿ MOTION:¿ (1) Demurrer¿ (2) Motion to Strike ¿ Tentative Rulings: (1) Defendants' Demurrer is SUSTAINED (2) Motion to Strike is MOOTED ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On April 3, 2023, Plaintiffs, Graciela Munoz and Roberto Munoz (collectively, “Plaintiffs”) filed a Complaint against Defendants, Easton Dowe Jones, as an individual and trustee of the Easton and Hana Jones Family Tru...
2023.08.15 Demurrer, Motion to Strike 192
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.15
Excerpt: ...s to whether additional leave to amend should be granted. (2) Motion to Strike is MOOTED. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On November 9, 2022, Plaintiff, Luis Hernandez, Jr. (“Plaintiff”) filed a complaint against Defendant, Del Amo Motorsports (“Defendant”), and DOES 1 through 50. On June 7, 2023, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action for: (1) Negligence; and (2) Negligent Entrustme...
2023.08.14 Motion for Trial Preference 569
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.14
Excerpt: ...e management order to address the truncated time in which to conduct pleading motions, discovery, expert designations and depositions, and trial preparation. The Court will consider ordering shortened statutory deadlines (e.g., 20 days rather than 30 for discovery responses and prohibition on discovery extensions longer than 10 days without a stip and Court order, etc.), Court-enabled setting of motion hearing dates to avoid CRS system delays for...
2023.08.09 Motion to Set Aside 793
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.09
Excerpt: ... Set Aside (2) Defendant, Century 21 Peak's Motion to Set Aside Tentative Rulings: (1) GRANTED (2) GRANTED ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On March 17, 2023, Plaintiff, Jan L. Franklin (“Plaintiff”) filed a Complaint against Defendants, Coast to Coast Group, LLC, a California Limited Liability Company, Brenda Mendoza, an individual, Revision Investments, LLC, a California Limited Liability Company, Erasmo Reyes, an individual, Peak R...
2023.08.09 Motion to Compel Responses, for Sanctions 186
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.09
Excerpt: ...y Rojas, to Respond to Request for Production of Documents, Set One (3) Request for Sanctions Tentative Rulings: (1) Defendant's Motion to Compel Plaintiff, Ely Rojas, to Respond to Form Interrogatories, Set One is GRANTED. (2) Defendant's Motion to Compel Plaintiff, Ely Rojas to Respond to Request for Production of Documents, Set One is GRANTED. (3) Request for Sanctions is denied WITHOTU PREJUDICE. PLANTIFFS ARE GIVEN NOTICE THAT FAILURE TO COM...
2023.08.04 Motion to Compel Arbitration 002
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.04
Excerpt: ...The Court will discuss discovery status, what the claimed defect or defects might be in this case, and a possible trial date in early 2025 ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On April 3, 2023, Plaintiff, William Jones (“Plaintiff”) filed a Complaint against Defendants, Hyundai Motor America, Win Chevrolet Inc., d/b/a Win Hyundai Carson, and DOES 1 through 10. The Complaint alleges causes of action for: (1) Violation of Song-Beverly ...
2023.08.02 Demurrer 579
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.02
Excerpt: ... 2023, Plaintiff, Gardner Management Inc. (“Plaintiff”) filed a Complaint against Defendants, Zvika Golan and Eriko Golan (collectively “Defendants”). The verified Complaint is for a residential unlawful detainer, alleging failure to pay rent. Defendants now file a demurrer. B. Procedural¿¿¿ ¿¿ On June 26, 2023, Defendants filed this demurrer. On July 19, 2023, Plaintiff filed an opposition. On July 25, 2023, Defendants filed a reply...
2023.08.02 Motion to Compel Further Responses, for Monetary Sanctions 385
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.02
Excerpt: ...agement Conference Tentative Rulings: (1) Motion to Compel Further Responses to Requests for Production, Set One is GRANTED, subject to oral argument as to exactly what additional documents are to be produced (2) Plaintiff's Request for Monetary Sanctions is DENIED. (3) The Court will discuss future scheduling after the hearing on the motion ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On December 7, 2022, Plaintiff, Desislava Col...
2023.08.02 Motion to Compel Further Responses, for Monetary Sanctions 495
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.02
Excerpt: ...anctions Tentative Rulings: (1) Motion to Compel Further Responses to Requests for Production, Set One is GRANTED in part, subject to protective order, and subject to relevant time period as to be argued at the hearing. (2) Request for Monetary Sanctions is DENIED. ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On December 15, 2022, Plaintiff, Maria Cristina Angulo-Alcaraz (“Plaintiff”) filed a Complaint against Defendant, Ford ...
2023.08.01 Motion to Approve Proposition 65 Settlement and Stipulated Consent Judgment 311
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.01
Excerpt: ...t for Attorneys' Fees and Costs Tentative Rulings: (1) Plaintiff's Motion to Approve Proposition 65 Settlement and Stipulated Consent Judgment is GRANTED (2) Request for Attorneys' Fees and Costs is GRANTED but reduced to the $31,500 amount agreed upon I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On February 3, 2023, Plaintiff, Calsafe Research Center, Inc (“Plaintiff”) filed a Complaint against Defendant, Louisville Vegan Jerky Co., LLC. (“D...
2023.08.01 Demurrer 085
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.08.01
Excerpt: ...uled. Sufficient allegations have been presented. Whether Plaintiff can prove those allegations is a separate issue to be decided at trial or on a future dispositive motion I. BACKGROUND¿ ¿ A. Factual¿ ¿¿ On February 5, 2021, Plaintiff, Aries Global Logistics, Inc. (“Plaintiff”) filed a Complaint against Defendant, Valley of the Sun Cosmetics, LLC, and DOES 1 through 50. Plaintiff subsequently DOE'd in Defendants Ajmal Shehzad and Sofia ...
2023.07.31 Motions in Limine 545
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.31
Excerpt: ...nce of or reference to suicide: Tent: 402 Hearing MIL P-2 To Exclude Reference of or Reference to Defendants' Lack of Insurance, Weak Financial Condition, and status as a “Mom and Pop” Business: GRANT in part, DENY in part MIL P-4 to Exclude Evidence of or Reference to the Absence of Prior Similar Accidents: DENY, but defense will need to lay adequate foundation before such evidence is presented to the jury MIL P-5 to Exclude Evidence of or R...
2023.07.28 Motion to Compel Responses, for Sanctions 947
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.07.28
Excerpt: ...Form Interrogatories, Special Interrogatories, Requests for Production of Documents, and Requests for Admission, Set Two and Motion for genuineness and truth of any matters specified in Defendants' Requests for Admission be deemed admitted. (2) Request for Sanctions (3) Stipulation pending to continue trial into 2024 Tentative Rulings: (2) The MTCs are MOOTED by the tardy responses served on June 12, 2023, less than a week after the motions were ...
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 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...
2023.07.27 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...
2023.07.25 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...

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