Excerpt: ...ttachment ¿¿ Tentative Rulings: (1) GRANTED, assuming the defense has no objection to the $95,000 figure. I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On July 22, 2022, Plaintiff, S.F.I. Ltd., L.P. d/b/a Figueroa Business Center (“Plaintiff”) filed a Complaint against Defendants Exulaser, Inc. and Martin Diego Garcia, and DOES 1 through 20. The Complaint alleges causes of action for: (1) Breach of Written Contract; and (2) Common Coun...

Excerpt: ...�¿ ¿¿ A. Factual¿¿ ¿¿ On February 3, 2023, Plaintiff, Alejandro Chavez (“Plaintiff”) filed a Complaint against Defendants, American Honda Motor Co., Inc, and DOES 1 through 10. The Complaint alleges causes of action for: (1) Violation of Song-Beverly Act – Breach of Express Warranty; and (2) Fraudulent Inducement – Concealment. The Complaint is based on a September 29, 2022 purchase by Plaintiff of a 2021Honda Accord with correspon...

Excerpt: ...(1) GRANTED with 20 days leave to amend. I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On May 26, 2023, Plaintiff, Lambe B. Papoulias (“Plaintiff”) filed a Complaint against Defendants, Volkswagen Group of America, Inc. and County-Wide Rambler, Inc. dba Volkswagen of Garden Grove, and DOES 1 through 10. The Complaint alleges causes of action for: (1) Violation of Song-Beverly Act – Breach of Express Warranty; (2) Violation of Song-Beverly Act ...

Excerpt: ...g date of the daughter of one of trial counsel, such as late April of early May 2023. Permit Matrix to bring its MSJ to be scheduled off that continued trial date ¿¿ Matrix' ex parte application to continue the trial was initially heard on August 4, 2023. At that time, the Court indicated its intention to continue the trial, but to enable interested parties to submit declarations or briefs bearing on two issues: when the new trial date should b...

Excerpt: ...ttorneys' Fees is GRANTED. The Code Enforcement letter from the City does not change the Court's previous tentative ruling. (2) The Plaintiffs' Motion to tax the expert witness “costs” is GRANTED as the Court finds the Section 998 Offer to be unreasonable in the global view of the context of this litigation at the time the offer was made. ¿¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On June 27, 2023, this Court entered Judgment in Defendant,...

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...

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...

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...

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 ...

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...

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...

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...

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...

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...

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...

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 ...

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 ...

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...

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...

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...

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 ...

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...

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 ...

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...

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...

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...

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...

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...

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...

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...

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: ...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: ...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: ...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: ...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: ...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: ...¿ 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: ...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...

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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...

Excerpt: ...ments Demanded Thereby in Response to Demands Nos. 1-12, 15-34 & 37-55, and to Provide Privilege Log. (1) Motion for Order Compelling Verification of Inspection Demand Responses by Defendant Southwest Airlines Co. and To Compel Further Responses and the Production of Documents Demanded Thereby in Response to Demands Nos. 1-12, 15-34 & 37-55, and to Provide Privi ege Log is GRANTED in part and DENIED in part. Plamtiff notes that on August 1, 2022,...

Excerpt: ...ley, Eddie Suber, and DOES 1 through 100. The Complaint alleges causes of action for: (1) Violation of California Civil Code 5 1942.4; (2) Tortious Breach of the Warranty of Habitability; (3) Private Nuisance; (4) Business and Professions Code 5 17200, et seq„ (5) Negligence; (6) Breach of Covenant of Quiet Enjoyment; (7) Intentional Infliction of Emotional Distress; (8) Negligence Per Se; (9) Violation of Consumer Legal Remedies Act California...

Excerpt: ...tension of Time to Respond to Form Interrogatories, Set One. (2) Plaintiffs Motion for Extension of Time to Respond to Special Interrogatories, Set One. (3) Plaintiffs Motion for Extension of Time to Respond to Demand for Production of Documents, Set One. (1) GRANTED. Verified Responses shall be due by June 2, 2023 (2) GRANTED. Verified Responses shall be due by June 2, 2023 (3) GRANTED. Verified Responses and mitial document production shall be ...

Excerpt: ...t is inclined to consider the MTQ Moot as the date set in the SDT appears to have passed before it was served (2) The Court offers itselfto preside over a VSC and/or IDC on June 8, 2023 at 1:30 p.m. if the parties are willing to stipulate to the trial judge acting as a settlement officer On October 21, 2022, Petitioner, Alan Elias ("Petitioner"), filed a Writ of Mandate agamst Respondent, West Coast Laboratories, Inc. ("Respondent' or "WCL".) On ...

Excerpt: ...Motion to Compel Arbitration is DENIED. On February 28, 2023, Plaintiff GoSmart Inc. dba Design Support ("Plaintiff') filed the instant action agamst Defendants Tomaro Custom Homes Inc. Oomaro"), Joe Tedeschi aedeschi"), Knickerbocker & Associates ("Knickerbocker), and DOES 1 through 200. Plaintiffs causes of action include: (1) Breach of Written Contract; (2) Breach of Oral Contract; (3) Quantum Meruit; (4) Unjust Enrichment; (5) Intentional Int...

Excerpt: ...an Iraq, LLC, and Rod Zastrow. Plaintiff, GSO International, Inc. Not Set. (1) Demurrer (2) Motion to Quash (1) Mooted or atleast deferred pending MTQ outcome (2) Grant but the Court will hear argument as to whether leave to amend the Complaint could cure the Plaintiffs failure to overcome specially appearing defendants' evidence On December 30, 2022, Plaintiff, GSO International, Inc. ("Plaintiff') filed a four-count Complaint agamst multiple De...

Excerpt: ...etitioner, Nardiello Law Firm filed a motion petitioning this Court to Confirm an Arbitration Award. There was an imtial hearing on this motion on March 14, 2023, where the Court posted a written tentative ruling. Give that defendant is self represented litigant who states he has little if any experience with litigation matters, the Court continued the hearing and set a briefing schedule so Defendant could file any opposing briefs or evidence he ...

Excerpt: ...ULED but SUSTAINED in part if the parties have not reached the settlement discussed With the Court on May 8, 2023 (2) Defendants Motion to Strike is DENIED (3) CONTINUE On October 17, 2022, Plaintiff, Hillcrest Ventures, LLC ("Plaintiff) filed a Complaint against Defendants, Beverly Hills Glass, Inc, Richard Jastrow, and DOES 1 through 50. The Complaint alleges causes of action for: (1) Breach of Oral and Implied In Fact Contract; (2) Breach of t...

Excerpt: ...„ an individual; and DOES 1 through 20 Plaintiff, Zouki for America Corporation, a Delaware Corporation. August 7, 2023 (1) Motion to Compel Plaintiff to Produce Native Accounting Documents (1) Motion to Compel Plaintiff to Produce Native Accounting Documents is GRANTED. A verified written response per CCP S 2031.230 is required attesting to the Plaintiffs inability to comply and why. If such a verification is given, Plaintiff should produce th...

Excerpt: ...er Responses to Request for Admission, Set One. (1) Motion for an Order to Compel Plaintiff to Provide Further Responses to Requests for Admission, Set One is mostly DENIED but partly GRANTED. Monetaty sanctions are denied On September 30, 2022, Defendant PWC Enterprises Inc. dba Southeastern Filtration & Equipment Systems ("PWC") notes that It served Plaintiff Requests for Admission, Set One. PWC notes the responses were due on November 1, 2022....

Excerpt: ...counsel to represent him in this area as the laws pertaining to these type of claims are detailed and technical, even for lawyers. The Demurrers brief outlines some of the procedural steps that a plaintiff in a child sexual assault case who is now over 40 years of age must follow, and that the self-represented plaintiff here did not follow On December 20, 2022, Plaintiff, Carlos Mestanza ("Plaintiff) filed a complaint agamst Defendant ("Roman Cat...

Excerpt: ...and Plaintiff Rafael Torres filed First Amended Complaint ("FAC") against defendants Technion Contractors TCI, Inc. ("TCI"), Suttles Plumbing, Inc. ("Suttles"), and Does 1 through 50, alleging one cause of action for negligence arising out of a construction project for the Los Angeles Unified School District at Paseo Del Rey Elementary School in Playa Del Rey (the "Property"). Defendants were alleged to be negligent in the construction of the gas...

Excerpt: ...ation or prosecution, with the police file contents being subject to a document preservation order. In the Courts view, the SDT is overly broad, particularly given the lack of a bona fide meet and confer process and given the representations of defense counsel concerning inadvertent or intentional dissemination of the police reports contents previously. Alternatively, an in camera review of the contents of the investigative files might facilitate...

Excerpt: ... Agreement, but if Defendants seek to enforce an unsigned long-form agreement, ARGUE that motion. Defendant has informed the Court that on August 5, 2022, all parties participated in a mediation before Mediator Daniel Quinn. While the case did not resolve at that time, Mr. Quinn continued to facilitate settlement discussions. As a result of which the parties agreed to resolve this matter for $200,000 as follows: Defendant Dorothy Kovich Klein, th...

Excerpt: ...dants, Thomas Blackburn and LYFT, Inc. Since then, Defendant, Thomas Blackburn has been dismissed. The Complaint alleges causes of action for (1) Motor Vehicle Negligence; and (2) General Negligence. Plaintiff alleges that on February 11, 2021, she was a passenger in a vehicle driven by a ride-share driver connected to Defendant Lyft when that vehicle was involved in a collision at "Highway 183 at Austin- Bergstrom Intl airport." (Requestfor Judi...

Excerpt: ...D. The deposition wnll go forvvard without regard to when a Second Amended Complaint is filed. 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 Shehzad. On September 20, 2022, Plaintiff filed a First Amended Complaint alleging causes of action for: (1) Breach of W...

Excerpt: ...SBs, but the Court can take judicial notice that TSBs are given to NHTSAwhichin turn makes them publicly available. Complaint 1 125 and 126 alleges that "none of this information was available to the public" and that GM "had exclusive knowledge of the defect" and actively concealed information from the public. The Court's tentative is that Plaintiff needs to make further allegations as to GM's failure to disclose what are normally publicly availa...

Excerpt: ...a stand-alone document forthwith after reserving a hearing date through CRS. As a condition of granting the motion, the Court orders Ms. Bao to reimburse Plaintiffs counsel for the costs of the default application, fixed by the Court at S500. The payment by Ms. Bao or her counsel must be made on or before May 31, 2023. On February 1, 2022, Plaintiffs, LAT Group, Inc. and Qiandal Zhao ("Plaintiffs") filed a Complaint agamst Defendants, Manhong Zha...

Excerpt: ...ature recogrized that intervening changes in the law may render an earlier decision erroneous, "[i]f a court at anytime determines that there has been a change of law that warrants it to reconsider a prior order it entered, it may do so on its own motion." (Code Civ. Proc., S 1008(c).) . RECONSIDERATION IS GRANTED ON THE COURT'S OWN MOTION, conditioned on Plaintiff reimbursing Defendant for Defendant's payment any of any arbitration office fee. O...

Excerpt: ...Rambla Pacifico in Malibu, California 90265 (the "Property'). Since the Property is in a brush fire zone, Plamtiffs only option for fire insurance was to purchase it from California Fair Plan ("CFP"), California's fire insurer of last resort Besides purchasing a policy from CFP to insure the Property against the peril of fire (the "CFP Policy"), Plaintiff also purchased a supplemental homeowners' policy from Farmers Insurance Exchange ("Farmers")...