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...

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, ...

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...

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 ...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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 ...

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....

Excerpt: ... Discuss which DFP categories remain in dispute (2) GRANT I. BACKGROUND¿ ¿ A. Factual¿ ¿¿ On February 9, 2022, Plaintiff Carlo A. Coppola (“Plaintiff”) filed a complaint against Defendant Luxe H2O, incorporated (“Luxe”) and DOES 1 through 100 for the following causes of action: (1) negligence; (2) breach of contract; and (3) breach of express warranty. This matter involves allegations of construction defects and damages to Plaintiff'...

Excerpt: ...o the deposition; deferred as to the production of documents at deposition. The Court will order Plaintiff's counsel by July 14, 2023 to offer at least three weekdays in the months of July or August when Dr. Lavi can be deposed (2) Monetary sanctions GRANTED in the reduced amount of $2,100, based on plaintiff's counsel's failure to meet and confer in good faith. Sanctions are awarded solely against Mr. McCreary, are expressly discovery sanctions,...

Excerpt: ...ession of Plaintiff's deposition is ordered, with LMU being granted up to five additional hours of questioning, not including breaks or within the day recesses such as for lunch. ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On February 17, 2022, John Doe (“Plaintiff”) filed this action. On March 16, 2022, Plaintiff filed a First Amended Complaint against Defendants, Loyola Marymount University (“LMU”) and Michael Mozilo (�...

Excerpt: ...unt of $322,898.75. If Plaintiffs plan to appeal the fee award, the Court will stay the order to pay pending appeal. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On June 27, 2023, this Court entered Judgment in Defendants' favor. Defendants Clark and Sherry Hsu now file a motion for attorneys' fees as prevailing parties. B. Procedural¿¿ ¿ On June 9, 2023, Defendant Hsu filed a Motion for Attorneys' Fees. On June 22, 2023, Plaintiffs filed ...

Excerpt: ...ainst Mr. Ball Tentative Rulings: (1) GRANTED, and at Plaintiff's option whether the deposition will be conducted in person or remotely (2) GRANTED Monetary sanctions in the amount of $1,500, payable to Plaintiff's counsel on or before August 4, 2023 ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ This action involves a self-represented defendant. Plaintiffs are investors in various businesses allegedly established by Defendant, Mich...

Excerpt: ...ed below. The Court's edits to the May 9, 2023 Amended Judgment were intended to correct an internal inconsistency in the document. If Plaintiff believes the edits need to be corrected in order to reflect the parties' intent, the Court will vacate the May 9 Amended Judgment and await a second amended judgment. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On May 9, 2023, this Court signed off on a proposed Amended Judgment against all Defendants ...

Excerpt: ...on ¿ Tentative Rulings: (1) DENIED, but the Court will entertain oral argument on specific points identified below. The Court tentatively finds that the First Amended Complaint DOES relate back to the original Complaint because the gravamen of the FAC's allegations against the moving defendant here is the negligent operation and movement of a motor vehicle, and the original complaint alleged negligent operation of a vehicle as a cause of the dec...