Excerpt: ...e alternative, Summary Adjudication ¿ Tentative Rulings: (1) ARGUE as to the First, Second, and Third Causes of action, in light of the issues noted by the Court as to the duty to conduct a title search and Plaintiff's actual or constructive notice of the SCE's easement before Plaintiff contracted with Defendant, and GRANTED as to the Fourth cause of action. I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On March 29, 2022, Plaintiff, Onni Contractin...

Excerpt: ...anic's Lien and Expunge Notice of Pending Action (3)Defendants, PCL and City's Motion for Attorneys' Fees Tentative Rulings: (1) Demurrer to SAC is SUSTAINED (2) Motion to Remove Mechanic's Lien and Expunge Notice of Pending Action is GRANTED (3) City's Motion for Attorneys' Fees is GRANTED in the amount of $20,000 I. BACKGROUND¿ ¿ A. Factual¿ ¿¿ On October 12, 2022, Plaintiff, Morley Construction Company filed a complaint against PCL Constr...

Excerpt: ...¿¿ ¿¿ A. Factual¿¿ ¿¿ On January 13, 2022, Plaintiff, State Farm General Insurance Company (“State Farm”) filed a Complaint against Defendant, Kohler Co. (“Kohler”) stating causes of action for: (1) Negligence; (2) Strict Products Liability; and (3) Breach of Implied Warranties. On March 7, 2023, Kohler filed a Cross-Complaint against Cross-Defendants, Al Garcia's Plumbing, Heating, and Air Conditioning, Inc., Ashai Construction &...

Excerpt: ...ent with a 1542 waiver in exchange for a dismissal with prejudice, but the Court cannot enforce a claimed oral agreement (before the mediator rather than before the court) on what appears to be a material term requiring plaintiffto bear responsibility for resolving medical or legal liens. . BACKGROUNDé A. Factuali This lawsuit alleging bodily injury and emotional distress damages arises from a long-term tenancy where Plaintiff rented an apartmen...

Excerpt: ...he parties according to principles of equity as authorized by Code of Civil Procedure § 872.140 to account for court costs and for deferred rulings on applications for contempt for Mr. Kunkel's obstreperous conduct during the litigation. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On February 21, 2020, Judge Deidre Hill entered an Interlocutory Judgment. Pursuant to the Judgement, it was ordered that the subject property be sold, and sale p...

Excerpt: ...l¿¿ ¿ On December 22, 2023, Plaintiff, Ingrid Majorie Lockwood (“Plaintiff”), filed a Complaint against Defendants, City of Gardena, GTrans, LLC, and DOES 1 through 50. On March 20, 2023, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action for: (1) Negligence; (2) Negligent Supervision, Hiring, or Retention; and (3) Discrimination in Violation of the Americans with Disabilities Act. City of Gardena (“City”) ...

Excerpt: ... Gallagher and Co. Insurance Brokers of California, Inc.), and Kathryn Bowen RESPONDING PARTY: Plaintiffs, Keith Feder M.D., and Keith S. Feder, M.D., Inc. ¿¿ TRIAL DATE: None Set. ¿¿ MOTION:¿ (1) Demurrer¿ ¿ Tentative Rulings: (1) Defendant's Demurrer is SUSTAINED with 20 days leave to amend. ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On March 23, 2023, Plaintiffs, Keith Feder, M.D., and Keith S. Feder, M.D., Inc. (“Plaintiffs”) file...

Excerpt: ... against Dimitria Jenkins, and DOES 1 through 10. The Complaint alleges causes of action for: (1) Intentional Infliction of Emotional Distress; (2) Nuisance; (3) Negligence; and (4) Wrongful Eviction. Defendant, Dimitria Jenkins now files a Motion to set aside and vacate both the entry of default entered on September 9, 2022, and the $40,520 judgment entered on December 9, 2022. B. Procedural On May 2, 2023 Defendant Jenkins filed this Motion to ...

Excerpt: ...efendant's Motion to Compel Plaintiff, Marlin Marroquin, to Respond to Request for Production of Documents, Set One (3)Defendant's Motion to Compel Plaintiff, Elsy Rojas, to Respond to Form Interrogatories, Set One (4) Defendant's Motion to Compel Plaintiff, Elsy Rojas, to Respond to Request for Production of Documents, Set One Tentative Rulings: (1), (2), (3), and (4) Continue to August 1, 2023 at 8:30 a.m., Inglewood Dept. 8. That would be thre...

Excerpt: ...ent ¿ Tentative Rulings: (1) Defendant's Demurrer to the “Intentional Tort” cause of action is Sustained, with 20 days leave to amend (2) Defendant's Motion to Strike is mooted by the sustaining of the Demurrer, but counsel should consider Dawes and Taylor in drafting a possible Second Amended Complaint and a possible motion to strike that pleading (3) The CMC is continued to August 29, 2023 at 8:30 a.m. ¿ I. BACKGROUND¿¿ ¿¿ A. Factual�...

Excerpt: ...eady on a second amended complaint and defendants previously demurred on statute of limitations grounds. The Demurrer to the fraud claim is overruled ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On August 12, 2021, Plaintiffs filed their Complaint. Plaintiffs allege that Plaintiffs and Defendant entered into a settlement agreement in Case No. YC072026, but Defendant breached the settlement agreement. On July 5, 2022, Plaintiffs filed a First ...

Excerpt: ...st 7, 2023 ¿¿ MOTION:¿ (1) Motion for Summary Judgment, or in the alternative, Summary Adjudication ¿ Tentative Rulings: (1) CONTINUE (2) The Court will consider an oral motion by Plaintiff under Code of Civil Procedure section 473(b) for relief from the mistaken failure to use the required language for declarations to be admissible as if they were affidavits signed before a notary, and a brief continuance of the hearing to allow proper decla...

Excerpt: ...finds the settlement to be in good faith within the parameters set forth in Tech‐Bilt and its progeny. The Motion to Contest the good faith of the settlement is DENIED, (2) In as much as Mr. Berger has filed this motion on behalf of both PFS and Mr. Arciga, and has indicated his office never filed the required proof of service of the Court's 1/20/23 Order granting Mr. Berger's motion to be relieved as counsel, the Court on its own motion VACATE...

Excerpt: ...finds the settlement to be in good faith within the parameters set forth in Tech‐Bilt and its progeny. The Motion to Contest the good faith of the settlement is DENIED, (2) In as much as Mr. Berger has filed this motion on behalf of both PFS and Mr. Arciga, and has indicated his office never filed the required proof of service of the Court's 1/20/23 Order granting Mr. Berger's motion to be relieved as counsel, the Court on its own motion VACATE...

Excerpt: ...eady on a second amended complaint and defendants previously demurred on statute of limitations grounds. The Demurrer to the fraud claim is overruled ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On August 12, 2021, Plaintiffs filed their Complaint. Plaintiffs allege that Plaintiffs and Defendant entered into a settlement agreement in Case No. YC072026, but Defendant breached the settlement agreement. On July 5, 2022, Plaintiffs filed a First ...

Excerpt: ...require counsel appearing on this hearing to appear BY VIDEO, not by telephone, to discuss the issues noted in this Tentative Ruling during the hearing (2) The Court is setting cases for trial in the Fall of 2024 I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On October 19, 2022, Gail Chelebian (“Plaintiff”) filed a complaint against General Motors LLC (“GM”). On January 12, 2023, Plaintiff filed a First Amended Complaint (“FAC”) ...

Excerpt: ...entative Rulings: (1) Motion for Judgment on the Pleadings is GRANTED, as the Third and Fourth Causes of Action --as currently alleged against Defendant Post -- would be time barred, and the 5 th cause of action fails to state a claim. But the Court will grant 20 days' leave to amend the 3 rd and 4th causes of action based on the “discovery rule” contentions raised in the Opposition brief and to address the Ixchel rule. Plaintiff has abandone...

Excerpt: ...aw requires greater factual specificity when a Lemon Law plaintiff seeks to include a fraud, fraudulent concealment, or 17200 injunction cause of action in a Song-Beverly Act case (2) Defendants' Motion to Strike is MOOTED by the sustaining of the Demurrer ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On March 28, 2023, Plaintiff, Vivianne Jean Cole (“Plaintiff”) filed a Complaint against Subaru of America Inc., Subaru Pacific, and DOES 1 thr...

Excerpt: ...rtificates, WMalt Senes 2007-0k Not Set. (1) Demurrer (1) OVERRULED. On May 26, 2023, Plaintiff U.S. Bank NA Successor Trustee to Bank of America, NA successor in interest to LaSalle Bank NA, as trustee, on Behalf of the Holders of the Washmgton Mutual mortgage Pass-Through Certificates, WMALT senes 2007-0A3 ("Plaintiffs") filed a Complaint against Vili Ioane, John B. Lockhart and Pele L Lockhaft, and DOES 1 through X, inclusive. The Complaint al...

Excerpt: ...D (2) Motion for Attorneys Fees GRANTED in the amount of $24,990.50, and costs of suit totaling Sl,541.50. On March 24, 2022, Plaintiff Financial Services Vehicle Trust by and through its servicer, BMW Financial Services, NA ("Plaintiff) filed this action against Defendant, DOE A ("Defendant") alleging causes of action for: (1) Breach of Contract; (2) Common Count; (3) Claim & Delivery; and (4) Conversion. This action arises out of Plaintiffs cla...

Excerpt: ...of exemption is mooted by the vacating of the default judgment On July 12, 2022, Plaintiff, Angelo Colon filed a Complaint against Dimitria Jenkins, and DOES 1 through 10. The Complaint alleges causes of action for: (1) Intentional Infliction of Emotional Distress; (2) Nuisance; (3) Negligence; and (4) Wrongful Eviction. Defendant, Dimitria Jenkins now files a Motion to set aside and vacate both the entry of default entered on September 9, 2022, ...

Excerpt: ...ts (1) ARGUE On September 7, 2021, Plaintiff filed this action against Defendant for Breach of Contract and Was te. Plamtiff asserts that on April 11, 2022, it propounded a Demand for Inspection to Defendant, seeking 10 categories of duuments. Plaintiff asserts that Defendant served a June 15, 2022 written response verified by Mr. Davidson that it would produce the documents, but did not produce any documents. Plaintiff notes that It advised Defe...

Excerpt: ...session, custody or control" of the two facilities as to which access is being sought Being an mvestor in an LLC that uses the warehouse facility is not sufficient This action involves an self-represented defendant. Plaintiffs are investors in various businesses established by Defendant, Michael Ball ("Defendant) in which Defendant is appointed manager of the investments upon an agreement to provide Plaintiffs With unfettered access to the Busine...

Excerpt: ...c limitations on the scope of the SDT and on use of the MBPD records, and particularly the ability of the parties to enter into a protective order. The Court intends to balance the legitimate discovety interests of the plaintiff and the legitimate privacy interests of the Defendant in a way that shields Defendant from unwarranted dissemination of music compositions that are subject to Non-Disclosure Agreements and tax records privileged from disc...

Excerpt: ...is GRANTED, subject to reimbursement to Ms. Perez of her security deposit plus interest since March 24, 2023 (2) Defendants Motion to Set Aside Judgment is DENIED.L On September 20, 2022, Plaintiff filed a filed a claim for Unlawful Detainer against Defendants, Rachel Merya Perez and Jesse Garza Perez. On January 30, 2023, the parties filed an Unlawful Detainer Stipulation for Judgment Plamtiff filed a Motion to Dismiss, and Plaintiff filed a Mot...