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2024.03.22 Motion to Quash Deposition Subpoena, for Monetary Sanctions 732
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.03.22
Excerpt: ...s Tentative Rulings: (1) Defendant's Motion to Quash Deposition Subpoena for Production of Business Records is DENIED . (2) Request for Monetary Sanctions are DENIED . I. BACKGROUND¿ ¿ A. Factual ¿ On May 13, 2023, Plaintiffs, Andreea Popa and Robert Popa (collectively “Plaintiffs”) filed a Complaint against Defendant, Ian Anthony White, and DOES 1 through 20. The Complaint alleges causes of action for personal injuries, property damage, a...
2024.03.20 Motion to Continue Trial 742
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.03.20
Excerpt: ...nued to J uly 26, 2025, 9:30 a.m. NO FURTHER CONTINUANCES WILL BE ALLOWED IF REQUESTED BY FABIAN OR NICKEL, ABSENT EXTRAORDINARY CIRUCMSTANCE S OR STIPUALTION OF ALL PARTIE S I. BACKGROUN D A. Factual Plaintiff Luann Fabian (“Plaintiff”) filed this action against Defendant Robert Nickell (“Defendant ” or “Nickell ”) on October 15, 2020, alleging causes of action for breach of contract and common count. Plaintiff alleges that on March ...
2024.03.20 Motion to Compel Further Responses 362
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.03.20
Excerpt: ... Plaintiff, Paul Herrera (2) Motion to Compel Further Responses to Special Interrogatories, Set One to Plaintiff, Paul Herrera (3) Motion to Compel Further Responses to Requests for Production of Documents, Set One to Plaintiff, Paul Herrera (4) Motion to Compel Plaintiff's Further Responses to Requests for Admission to Plaintiff and Cross-Defendant Paul Herrera (5) Requests for Sanctions (6) Stipulation to continue the April 8, 2024 trial Tentat...
2024.03.19 Motion for Summary Judgment 927
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.03.19
Excerpt: ... through his Guardian ad Litem, Gayane Ambartsumyan; Mi chael Andrew Terpanjian, a Minor, by and through his Guardian ad Litem, Gayane Ambartsumyan. ¿¿ TRIAL DATE: April 29, 2024 ¿¿ MOTION:¿ (1) Motion for Summary Judgment ¿ Tentative Ruling: (1) Defendant, Michelle Y. McNee's Motion for Summary Judgment is GRANTED, but the parties are to DISCUSS with the Court the waiver -of - costs contingency in Plaintiffs' statement of non -opposition I...
2024.03.19 Motion for Leave to File Complaint 811
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.03.19
Excerpt: ... BACKGROUND¿ A. Factual ¿ On March 20, 2023, Plaintiff, Gabriela Licea (“Plaintiff”) filed a Complaint against Defendant, O'Connell Landscape Maintenance Inc., Jones Lang LaSalle Americas, Inc., and DOES 1 through 50. The Complaint alleges a cause of action for: (1) Negligence. On February 6, 2024, this case was transferred to this Court from Judge Stern's courtroom in Torrance. On January 10, 2024, Defendants, O'Connell Landscape Maintenan...
2024.03.15 Motion to Compel Responses 116
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.03.15
Excerpt: ...f, Elsa Feeny's Responses to Form Interrogatories, Set One (2) Motion to Compel Plaintiff, Elsa Feeny's Responses to Special Interrogatories, Set One (3) Motion to Compel Plaintiff, Elsa Feeny's Responses to Demand for Production of Documents, Set One (4) Request for Sanctions Tentative Rulings: (1) GRANTED (2) GRANTED (3) GRANTED (4) GRANTED $373 per motion, totaling $1,119. I. BACKGROUND ¿¿¿ ¿¿¿ A. Factual ¿¿¿ ¿¿¿ On January 12, 202...
2024.03.13 Motion to Approve Consent Judgment 166
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.03.13
Excerpt: ... Motion to Approve of Consent Judgment is GRANTED . I. BACKGROUND A. Factual On April 14, 2023, Plaintiff, Calsafe Research Center, Inc. (“Plaintiff”) filed a Complaint against Defendant, Cordials a USA, Inc., a Texas domestic for -profit corporation (“Defendant ”), an d DOES 1 through 10. The Complaint alleges one cause of action for Violation of Proposition 65. Plaintiff now moves for a Motion to Approve Consent Judgment. B. Procedural ...
2024.03.12 Demurrer 381
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.03.12
Excerpt: ...n consolidated with the civil action ¿¿ MOTION:¿ (1) Antonio Trujillo's Demurrer¿ (2) Lucila Parra's Demurrer ¿ Tentative Rulings: (1) Antonio Trujillo's Demurrer¿is SUSTAINED without leave to amend unless Plaintiff identifies what specific amendments can be alleged to allow one last opportunity to cure the pleading defects (2) Lucila Parra's Demurrer is also SUSTAINED with the same views by the Court on leave to amend. ¿ I. BACKGROUND ¿�...
2024.03.08 Demurrer 190
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.03.08
Excerpt: ...KGROUND A. Factual On December 20, 2023, Plaintiff, Collin J. Burt (“Plaintiff”) filed a Complaint against Defendants, U.S. Bank National Association (erroneously sued as US Bank), and Clarisa Espinoza. The Complaint alleges causes of action for: (1) Common Counts; (2) Inten tional Tort- Grand Larceny; and (3) Motor Vehicle Negligence. Now, Defendants, U.S. Bank National Association and Clarisa Espinoza (collectively, “Defendants”) file a...
2024.03.07 Motion to Compel Visual Inspection, for Sanctions 584
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.03.07
Excerpt: ...el Visual Inspection (2) Request for Sanctions Tentative Rulings: (1) GRANTED, with the inspection to be conducted on April 3 if the parties cannot agree to another date (2) Request for Sanctions is conditionally GRANTED, but not attorney's fees, as discussed below I. BACKGROUND ¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On July 14, 2022, Plaintiffs, Casino, LLC dba Larry Flynt's Lucky Lady Casino and Affiliated FM Insurance Company (collectively “P...
2024.03.05 Motion for Leave to File FAC 883
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.03.05
Excerpt: ...ils in oral argument as to the chronology of events giving rise to the need to amend a suit filed in 2021 at this late date. Given the looming trial date, the Court may give Plaintiff the option of continuing the trial with a granting of the motion, or keeping the trial date and the Court denying the motion ¿¿ I. BACKGROUND ¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On December 16, 2023, Plaintiff, Mary Evans (“Plaintiff”) filed a Complaint agai...
2024.02.29 Motion to Compel Arbitration 375
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.29
Excerpt: ... GRANTED (2) GRANTED. The Civil action will be stayed except that the Court will set an Arbitration Status Hearing for December 13, 2024, 8:30 a.m., Dept. ING-8. I. BACKGROUND A. Factual On July 21, 2023, Plaintiff, Ronald Harris (“Plaintiff”) filed a Complaint against Defendants, Uber Technologies, Inc., Rasier, LLC, Rasier -CA, LLC, Jogn Mark Vassell, and DOES 1 through 50. The Complaint alleges causes of action for: (1) Motor Vehicle Neg l...
2024.02.29 Motion to Compel Deposition of PMK 095
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.29
Excerpt: ...lings: (1) ARGUE. (2) Deferred 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 w arranty. This matter involves allegations of construction defects and damages to Plaintiff's residence located ...
2024.02.28 Motion to Compel Further Responses 664
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.28
Excerpt: ... Documents, Set On e Tentative Rulings: (1) CONTINUED to March 20, 2024, with parties ordered to meet and confer in light of guidance by the Court and an amended separate statement to be submitted by Plaintiffs as discussed belo w ¿¿ ¿ I. BACKGROUND ¿¿ ¿¿ A. Factual¿¿ ¿ On February 5, 2021, Plaintiffs, Adam Bouzoubaa Abderrahman and Serine Limo Inc. (collectively “Plaintiffs”) filed a Complaint against Defendant, General Motors, LLC...
2024.02.28 Demurrer 924
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.28
Excerpt: ...Rulings: (1) Defendants' Demurrer is OVERRULED (2) Plaintiff's ex parte application is denied, but the Court will apply the Legislative intent expressed in Plaintiff's supplemental briefing to toll the statute of limitations based on the clerical error o f rejecting Plaintiff's attempted filing of the Complaint earlier than the file- stamped date of October 11, 2022. I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On October 11, 2022, Plaintiff, Milag...
2024.02.27 Motion for Leave to Intervene to Expunge Lis Pendens 654
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.27
Excerpt: ...yMac's Motion for Leave to Intervene to Expunge Lis Pendens is DENIED without prejudice. There is no proposed Complaint in Intervention or Answer in Intervention submitted with the motion ¿¿ ¿ I. BACKGROUND ¿¿ ¿¿ A. Factual¿¿ On September 9, 2021, Plaintiff, Jiali Yan (“Plaintiff”) filed a Complaint against Defendant, Michael Antony Forbes/Forbes Estates, LLC. The Complaint alleges a cause of action for Fraud. On November 16, 2021, D...
2024.02.23 Motion to Compel Deposition, for Sanctions 666
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.23
Excerpt: ...Sanctions Tentative Rulings: (1) Plaintiff's Motion to Compel Deposition of Defendant, Dominique Nikko Westmoreland is GRANTED. If the parties cannot agree on a date, time, and/or place for the deposition, it shall be held in person on March 5, 2024 commencing at 10 a.m. at the offices o f Plaintiff's counsel (2) Plaintiff's Request for Sanctions is DENIED ¿¿ ¿¿ I. BACKGROUND ¿¿¿ ¿¿¿ ¿¿¿ On September 10, 2021, Plaintiff, Sebastian Me...
2024.02.23 Motion for Preliminary Approval of Class Action Settlement 299
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.23
Excerpt: ...1) Motion for Preliminary Approval of Class Action Settlement Tentative Rulings: (1) GRANTED I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On April 26, 2023, Plaintiff, Patria Sosa, individually and on behalf of all other aggrieved employees (“Plaintiff”) filed a Complaint against Defendants, The Sunrider Corporation, a Utah Corporation, Sunrider Manufacturing, L.P., a California Limited Part nership, Sunlife Herbal Company, Inc., a California Corpor...
2024.02.23 Demurrer, Motion to Strike 881
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.23
Excerpt: ...ca, Inc.'s Motion to Strike ¿ Tentative Rulings: (1) Defendant, Extended Stay America, Inc.'s Demurrer is OVERRULED in part and SUSTAINED in part. (2) Defendant, Extended Stay America, Inc.'s Motion to Strike is DENIED in part and MOOTED in part. I. BACKGROUND ¿¿ ¿¿ A. Factual¿¿ ¿ On June 12, 2023, Plaintiffs, Deandre Davon Fluckers, Renzo Ross, and Lisa Y. Ross filed a Complaint against Defendants, Extended Stay America, Inc., Orkin, LLC...
2024.02.21 Motion to Compel Responses 346
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.21
Excerpt: ... Ulloa's responses to Form Interrogatories, Set One (2) Motion to Compel Plaintiff, Edwin J. Ulloa's responses to Special Interrogatories, Set One (3) Motion to Compel Plaintiff, Edwin J. Ulloa's responses to Requests for Production of Documents, Set One Tentative Rulings: (1) GRANTED (2) GRANTED (3) GRANTED I. BACKGROUND ¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On February 7, 2023, Plaintiffs, Cecilia Tapia De Ulloa and Edwin J. Ulloa, as individua...
2024.02.14 Motion for Summary Judgment, Adjudication 918
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.14
Excerpt: ...arch 28, 2023, Plaintiff, Vivianne Jean Cole (“Plaintiff”) filed a Complaint against Subaru of America Inc., Subaru Pacific, and DOES 1 through 10. On June 16, 2023, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action for: (1) Violation of the Song -Beverly Consumer Warranty Act – Breach of Express Warranty; (2) Violation of the Song Beverly Consumer Warranty Act – Breach of Implied Warranty; (3) Violation of B...
2024.02.08 Motion to Compel Deposition of PMQ 847
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.08
Excerpt: ...position of Defendant's PMQ is DENIED. I. BACKGROUND¿ ¿ A. Factual¿ On November 17, 2020, Plaintiff DRAKK Holdings, LLC (“DRAKK”) filed this action against Defendant, PSIP SN Vermont, LLC (“PSIP”). On September 29, 2021, Plaintiff filed a Second Amended Complaint. On November 30, 2022, Plaintiff filed a Third Amended Complaint (“TAC”) alleging cases of action for: (1) Specific Performance/Express Written Contract; (2) Specific Perf...
2024.02.06 Motion to Compel Deposition, for Sanctions 666
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.06
Excerpt: ...ions Tentative Rulings: (1) Plaintiff's Motion to Compel Deposition of Defendant, Dominique Nikko Westmoreland is GRANTED to be taken on or before February 23, 2024 (2) Monetary sanctions are GRANTED in the amount of $960, payable on or before February 29, 2024 from Defendant to the Plaintiff's counsel ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ ¿¿¿ On September 10, 2021, Plaintiff, Sebastian Medvei (“Plaintiff”) filed a Complaint against Defenda...
2024.02.06 Motion to Compel Arbitration 025
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.06
Excerpt: ...TED as against Plaintiff, but the Court DENIES to compel non-signatory ARCH into arbitration but stays the civil litigation as to ARCH pending a hearing on a petition to enforce the arbitrator's award. The Court also sets an arbitration status conference for December 10, 2024 at 8:30 a.m. in Department IW-8 I. BACKGROUND¿ ¿ A. Factual¿ On April 4, 2023, Plaintiff, American Ironworks Manufacturing, Inc. (“Plaintiff”) filed a Complaint again...
2024.02.06 Demurrers, Motion to Strike 277
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.06
Excerpt: ...fendant, LAZ Karp Associates, LLC's Demurrer (2) Defendant, LAZ Karp Associates, LLC's Motion to Strike (3) Defendant, City of Inglewood's Demurrer (4) Continued CMC Tentative Rulings: (1) LAZ Karp Associates, LLC's Demurrer is SUSTAINED with 20 days leave to amend (2) LAZ Karp Associates, LLC's Motion to Strike is MOOTED in part, and GRANTED in part and DENIED in part (3) City of Inglewood's Demurrer is SUSTAINED with 20 days leave to amend (4) ...
2024.02.02 Demurrer, Motion to Strike 781
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.02
Excerpt: ...uccessfully amend in light of the deficiencies in the operative pleading (2) Motion to Strike is MOOTED I. BACKGROUND A. Factual On March 17, 2023, Plaintiff, Calsafe Research Center, Inc (“Plaintiff” or “CRC”) 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...
2024.02.02 Demurrer 742
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.02
Excerpt: ...ian (“Plaintiff”) filed this action against Defendant Robert Nickell (“Defendant”) on October 15, 2020, alleging causes of action for breach of contract and common count. Plaintiff alleges that on March 8, 2018, Plaintiff and Defendant entered into a promissory note for $311,276.81 with interest of 9% per annum. Defendant is alleged to have breached the note by failing to pay the principal and accrued interest. Predating this agreement, t...
2024.02.01 Demurrer 800
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.02.01
Excerpt: ...Set. ¿¿ MOTION:¿ (1) Demurrer Tentative Rulings: (1) ARGUE as to whether the FAC actually alleges a pre-litigation request for a FEHA-like reasonable accommodation as to the elevator and pool issues, as opposed to a request to remedy facilities in need of repair at the apartment building. SUSTAIN with leave to amend as to the Unruh Act cause of action I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On August 24, 2023, Plaintiffs, Susanne Rose, Nick...
2024.01.30 Motion to Set Aside Default 687
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.30
Excerpt: ... condition that ProCorp reimburse Blusky for the costs of service and for $500 in reasonable attorneys fees incurred by Blusky in opposing this motion ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On September 30, 2021, Plaintiff, State Farm General Insurance Company (“Plaintiff”) filed a Complaint against Defendant, Blusky Restoration Contractors, LLC. On June 13, 2022, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of...
2024.01.30 Motion for Undertaking 084
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.30
Excerpt: ...ulings: (1) ARGUE. While there may be a reasonable possibility that Defendant will prevail in this premises liability case, the amount of the requested undertaking seems excessive since court costs in a garden variety slip and fall case are perhaps 20% of the $53k amount the motion seeks I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On October 27, 2022, Plaintiff, Christian Kawaharada (“Plaintiff”) filed a Complaint against Defendant, Los Angele...
2024.01.30 Motion for Summary Judgment, Adjudication 950
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.30
Excerpt: ...n (2) Final Status Conference Tentative Rulings: (1) GRANTED, without prejudice to a post-judgment motion for relief from forfeiture that satisfies the Section 1179 statutory requirements (2) Mooted I. BACKGROUND A. Factual On February 24, 2020, Plaintiff, 6232 Manchester LLC (“Plaintiff”) filed a Complaint for Unlawful Detainer against Defendant, Orb Tertius, LLC, and DOES 1 through 10. This action involves the real property located at 6224 ...
2024.01.29 Motion to Compel Further Responses, for Sanctions 468
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.29
Excerpt: ...rogatories, Set One (2) Motion to Compel Further Responses from Defendant to Respond to Special Interrogatories, Set One (3) Motion to Compel Further Responses from Defendant to Respond to Request for Production of Documents, Set One (4) Motion to Compel Further Responses from Defendant to Respond to Requests for Admission, Set One (5) Request for Sanctions ¿ Tentative Rulings: (1-3) GRANTED; verified further responses without objections are due...
2024.01.29 Motion to Compel Arbitration 373
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.29
Excerpt: ...ornia Translation Act applies to the subject contract. I. BACKGROUND A. Factual On May 1, 2023, Plaintiff, Kelly Poz and Ester Poz (collectively “Plaintiffs”) filed a Complaint against Defendant, Continental Funeral Home (Hawthorne), Inc., and DOES 1 through 100. The Complaint alleges causes of action for: (1) Breach of Contract; and (2) Negligent Infliction of Emotional Distress. Defendant seeks to enforce an arbitration clause and stay this...
2024.01.29 Motion for Leave to File SAC 525
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.29
Excerpt: ...ion) ¿¿¿ ¿¿¿ TRIAL DATE: May 28, 2024 ¿¿¿ MOTION:¿ (1) Plaintiffs' Motion for Leave to File Second Amended Complaint ¿¿ Tentative Rulings: (1) GRANTED ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On June 29, 2022, Plaintiffs, Sikder Holdings International, Inc, R&R Beverages Group PTE, LTD, Lisa Haque, and Nasim Sikder filed a Complaint against Defendants, Michael Ball, Marsha NA Nongkhai, aka Asha Kai, Ultracor, inc.,...
2024.01.26 Demurrer 604
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.26
Excerpt: ...iled a Complaint against Defendants, City of Los Angeles, County of Los Angeles, and DOES 1 through 100. The Complaint alleges causes of action for: (1) Liability for Dangerous Condition of Public Property pursuant to Government Code § 835, et seq.; and (2) Vicarious Liability for the Wrongful Acts of Omissions by Public Entity Employees and/or Retention of Unfit Employee – CA Gov. Code § 815.2. The Complaint is based on the allegation that o...
2024.01.25 Demurrer 116
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.25
Excerpt: ...eptember 20, 2023, Plaintiff, Jose Diaz (“Plaintiff”) filed a Complaint against Defendants, Wilmington Avenue Vested Enterprises LLC; Vanitas Manufacturing, Inc., and DOES 1 through 100. On October 31, 2023, Plaintiff DOE'd in Defendant, 16539 South Main Street LLC. On December 11, 2023, Plaintiff DOE'd in Defendant, Alliance Guard Services, Inc. The Complaint alleges causes of action for: (1) Negligence; (2) Assault and Battery; and (3) Prem...
2024.01.25 Demurrer, Motion to Strike 632
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.25
Excerpt: ...On March 3, 2023, Plaintiff, Shanika Pope (“Plaintiff”) filed this action against Defendant, General Motors, LLC (“Defendant”), and DOES 1 through 10. On June 16, 2023, Plaintiff filed a First Amended Complaint (“FAC”), as to which GM demurred resulting in leave to amend. On November 8, 2023, Plaintiff filed a Second Amended Complaint (“SAC”) alleging causes of action for: (1) Violation of Civil Code § 1793.2(d); (2) Violation of...
2024.01.25 Motion to Compel Arbitration 925
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.25
Excerpt: ... law of Delaware in their moving or opposing papers. Further, the arbitration provision includes a mediation provision before submitting the dispute to arbitration, and while it is clear from the opposition that there is a dispute as to whether the employment dispute must be arbitrated there is no evidence of any effort to first mediate. In addition, Plaintiff's opposing declaration and exhibit raise the specter of a dispute over the very validit...
2024.01.25 Motion to Compel Arbitration 999
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.25
Excerpt: ...n June 23, 2023, Plaintiff, Omid Nejati (“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 § 1793.2(a)(3); (4) Breach of Express Written Warranty – Civil Code § 1791.2 (a), Section 1794; and (5) Breach of the Implied Warranty of Merchantabil...
2024.01.25 Motion to Continue Trial 625
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.25
Excerpt: ...on, and expert deadlines correspondingly re-scheduled to be based on the new trial date I. BACKGROUND A. Factual This action involves an in pro per defendant. Plaintiffs are investors in various businesses allegedly established by Defendant, Michael Ball (“Defendant”) memorialized in written contracts. Plaintiffs allege that at Defendant's instance, Plaintiffs were induced to appoint him as manager of the investments upon an agreement to prov...
2024.01.24 Motion for Summary Adjudication 901
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.24
Excerpt: .... Factual On October 2, 2022, Plaintiffs Benjamin R. Murti and Ashika Devi (collectively, “Plaintiffs”) filed this action against THOR Motor Coach, Giant RV Colton, and DOES 1 through 10. The Complaint alleges a cause of action based on violation of Song-Beverly Consumer Warranty Act. On June 12, 2023, Plaintiffs filed their First Amended Complaint (“FAC”) alleging causes of action for: (1) Violation of Song-Beverly Consumer Warranty Act;...
2024.01.23 Motion to Compel Further Responses 649
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.23
Excerpt: ...ey definitions in the subject RFP are objectionably vague and ambiguous, and the burden to a company as large as GM conducting a company-wide ESI search appears to outweigh the discoverability for some if not most of what is being sought. The ruling is without prejudice to further discovery requests, such as documents evidencing the failure rate of oil filters in model year 2023 Cadillac Escalades sold or leased in California, or documents consti...
2024.01.22 Motion for Contempt, for Sanctions 610
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.22
Excerpt: ...ive Rulings: (1) DENY Motion for Order RE: Contempt, but GRANT evidentiary sanctions as against Plaintiffs. Plaintiffs are to be barred from offering evidence or argument that any claimed defects in the subject vehicle have not been successfully remedied. The Court also GRANTS Defendant monetary sanctions as against Plaintiffs in the amount of $2,000. I. BACKGROUND A. Factual On August 28, 2020, Plaintiff, Earl Brown and Shonte Powers (collective...
2024.01.19 Motion to Tax Costs 545
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.19
Excerpt: ... included in Cost Bill item 11 (Court reporter fees of $35,283.00). GRANTED as to item 16 (Other in the amount of $6,223.81) until and unless plaintiffs' counsel can direct the Court to the specific items included in the over 80-page attachment to the Cost Bill that plaintiffs claim should be awarded I. BACKGROUND¿¿ ¿¿ On January 8, 2024, this Court continued the hearing on this motion to allow declarations to be filed on behalf of defense co...
2024.01.19 Motion for Judgment on the Pleadings 580
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.19
Excerpt: ...te of limitations grounds as to the 4 th and 5 th causes of action under 28 U.S.C. § 1983 because the Court finds Code of Civil Procedure § 335.1 provides the borrowed statute of limitations for Section 1983 actions and this 60-year-old federal civil rights claims are barred under the two-year statute of limitations in section 335.1. I. BACKGROUND A. Factual On December 23, 2022, Plaintiff, M.B. (“Plaintiff”) filed a Complaint against Defen...
2024.01.19 Demurrer 924
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.19
Excerpt: ...ROUND A. Factual On October 11, 2022, Plaintiff, Milagros filed a Complaint against Defendants Xavier Flores and Dana Jenkins (collectively “Defendants”). The Complaint alleges causes of action for: (1) Motor Vehicle Negligence; and (2) General Negligence. Defendants filed a Demurrer to the Plaintiff's Complaint. B. Procedural On September 25, 2023, Defendants filed this demurrer. To date, no opposition has been filed. On December 1, 2023, th...
2024.01.17 Motion to Compel Responses, for Sanctions 732
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.17
Excerpt: ... Request for Sanctions Tentative Rulings: (1) Plaintiffs' Motion to Compel Defendant's Responses to Form Interrogatories, Set One is GRANTED as to Form interrogatories 6.1 and 6.2 in part and DENIED in part. The other 6-series form interrogatories were not requested by Plaintiff of Defendant (2) Plaintiffs' Request for Sanctions is DENIED (3) Defendant's Request for Sanctions is DENIED I. BACKGROUND¿ ¿ A. Factual¿ On May 13, 2023, Plaintiffs, ...
2024.01.16 Motion to Compel Arbitration 667
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.16
Excerpt: ...ainst 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 § 1793.2(a)(3); (4) Breach of Express Written Warranty – Civil Code § 1791.2 (a), Section 1794; and (5) Breach of the Implied Warranty of Merchantability – Civil Code § 1791.1, Section 1794. The Complaint is based on a Novemb...
2024.01.12 Motion to Compel Responses, to Deem RFAs Admitted, for Sanctions 111
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.12
Excerpt: ...nt, Farzin Rousta to respond to Requests for Production of Documents (3) Motion to Deem Requests for Admission as Admitted against Defendant Farzin Rousta aka Fred Rousta (4) Request for Sanctions Tentative Rulings: (1), (2), (3) The substantive motions are largely MOOTED by Defendant's attachment to its Opposition the verified answers to interrogatories and admission or denials of the subject RFAs. The Court orders Defendant to properly serve or...
2024.01.11 Motion to Compel Answers, to Deem RFAs Admitted 634
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.01.11
Excerpt: ...o Compel Defendant, South Coast Botanic Garden Foundation, Inc. to Answer, Without Objection, Plaintiff's Discovery Requests and Deem Plaintiff's Requests for Admission Admitted. (2) Motion to Compel Defendant, County of Los Angeles to Answer, Without Objection, Plaintiff's Discovery Requests (3) Request for Sanctions Tentative Rulings: (1) Mooted, but to pre-empt an expected motion to compel FURTHER responses, the Court will issue an advisory ru...

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