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...

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...

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...

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...

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...

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...

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) ...

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...

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...

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...

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 ...

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...

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...

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...

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...

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.,...

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...

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...

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...

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...

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...

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...

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;...

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...

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...