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...

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...

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...

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, ...

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...

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...

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...

Excerpt: ...ed as to the malpractice cause of action but MSA granted as to the concealment, fraud, and Elder Abuse causes of action I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On May 14, 2021, Plaintiff, Homa Deris (“Plaintiff”) filed a Complaint against Defendants, Byron Kim, DDS, Rojin Erfan, DDS, Walter Jefferson, DDS, Walter Jefferson Dental Corporation dba PCH Smiles Dentistry and Orthodontics, Kevin Choi, DDS, Bardi-Nugent Dental Corporation dba Roo...

Excerpt: ...utler ¿¿ TRIAL DATE: None Set. ¿¿ MOTION:¿ (1) Motion to Strike ¿ Tentative Rulings: (1) GRANTED. ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On December 8, 2022, Plaintiff, Sandra Butler (“Plaintiff”) filed a Complaint against Defendants, Hollywood Park Management, LLC, Hollywood Park Management Company II, LLC, Stadco LA, LLC, Stadco LA Manager, LLC, Pincay Re, LLC, Pincay Re Member LLC, APEX Security Group, Inc., and DOES 1 through 5...

Excerpt: ...Dept. IW-8. I. BACKGROUND A. Factual On October 10, 2022, Plaintiff, Oleg Sverdlov (“Plaintiff”) filed a Complaint against Defendants, Stelle Corporation and Parry Dennis, and DOES 1 through 20. The Complaint alleges a cause of action for: (1) Motor Vehicle Negligence. On August 8, 2023, counsel for Plaintiff filed a Request for Dismissal of the action with prejudice. However, Plaintiff's counsel notes that in August 2023, he settled an unrel...

Excerpt: ...tomobile Preservation Entity TRIAL DATE: Not Set MOTION: (1) Demurrer Tentative Rulings: (1) SUSTAINED with 20 days leave to amend to allege purported parol evidence supporting Plaintiff's claimed interpretation of what appears to the Court to be an unambiguous contract provision. I. BACKGROUND A. Factual On September 13, 2023, Plaintiffs, Automobile Driving Museum and Historic Automobile (“Plaintiffs”) filed a Complaint against Defendants, T...

Excerpt: ...mpel Further Responses from Plaintiff to Respond to Special Interrogatories, Set One (3) Motion to Compel Further Responses from Plaintiff to Respond to Request for Production of Documents, Set One (4) Request for Sanctions Tentative Rulings: (1), (2), (3) Motions to Compel Further Responses are MOOTED by the service of supplemental verified responses while the motions were pending, starting a new 45-day clock (4) Request for Sanctions is GRANTED...

Excerpt: ...o the hearing will need to be continued to enable counsel to meet and confer on the item-by-item summaries of the Veritext charges I. BACKGROUND A. Factual On August 16, 2023, the jury in this case reached a decision to award Plaintiffs a total of $843,023.25 (before reduction for decedent's negligence) against Defendant, Prime Pan Pacific Co. (“Prime”). On August 30, 2023, Plaintiff filed and served a memorandum of costs in the total amount ...

Excerpt: ...intiff a Vexatious Litigant Tentative Rulings: (1) ARGUE. Does Mr. Tucker meet the statutory definition of a vexatious litigant when the litigation (Case #3) has not been finally determined against him, and when the three different judges who denied his TRO applications in Cases #4, 5, and 6 did not reach the merits? I. BACKGROUND A. Factual B. Procedural On November 8, 2023, Defendant PNC Bank, N.A. filed a Motion for Order Declaring Plaintiff a...

Excerpt: ... Insurance should also be ordered into arbitration I. BACKGROUND A. Factual On April 4, 2023, Plaintiff, American Ironworks Manufacturing, Inc. (“Plaintiff”) filed a Complaint against Defendant, Inglewood Market Gateway LLC, ST Market D3, LLC, MW Residential SoCal Corp., and DOES 1 through 150. The Complaint alleges causes of action for: (1) Breach of Contract; (2) Enforcement of Mechanics Lien; (3) Common Counts; and (4) Lien Release Bond. D...

Excerpt: ...a, as successor trustee to Amend and Restatement of the Jan Kumar Agarwala Separate Property Trust dated September 13, 2021 (“Plaintiff”) filed a complaint against Darlene Agarwala, an individual, Pronita Ann Agarwala, an individual, Sabina Agarwala Miro, an individual, Stephen Miro, an individual, Christopher Miro, an individual, Gregory Mollner, an individual, Pronita Ann Agarwala and Sabina Agarwala Miro as trustees of the 2010 Darlene Aga...

Excerpt: ...IAL DATE: Not Set. ¿¿ MOTION:¿ (1) Defendant, Beach Front Property Management, Inc., aka Beach PPTY MGMT's Demurrer¿ (2) Defendant, Beach Front Property Management, Inc., aka Beach PPTY MGMT's Motion to Strike (3) Defendant, Extended Stay America, Inc.'s Demurrer (4) Defendant, Extended Stay America, Inc.'s Motion to Strike ¿ Tentative Rulings: (1) Defendant, Beach Front Property Management, Inc., aka Beach PPTY MGMT's Demurrer¿is OVERRULED...

Excerpt: ...UND A. Factual On December 9, 2021, Plaintiff, Risingstar AR, Inc. (“Plaintiff”) filed a Complaint against Defendant, Samuel Salisbury, and DOES 1 through 40. The Complaint alleges causes of action for: (1) Theft; (2) Conversion; (3) Breach of Contract; and (4) Aiding and Abetting. Defendant notes that on April 19, 2023, after many discussions of settlement, but no actual writing, Plaintiff's counsel filed a request for entry of default. Defe...

Excerpt: ...onald Green (“Plaintiff”) was working on a stand-up forklift at his place of employment at Lithographix, Inc. (“Lithographix”) when he allegedly lost control of the stand-up forklift, colliding into a nearby empty storage rack system. The rack allegedly penetrated the operator compartment, pinning the Plaintiff between the operator compartment of the stand-up forklift and a horizontal bar that was part of a shelf on the storage rack syste...

Excerpt: ...UND¿¿ ¿¿ A. Factual¿¿ On December 2, 2022, Plaintiffs, Cory Lee and Dyniesha Curtis (collectively “Plaintiffs”) filed a complaint against Kai T. Tsukiyama, Junko T. Tsukiyama, Trustee of The Mirai Trust, Mirai Trust, Arnold L. Graff, Wright, Finlay, & Zak, LLP, and DOES 1 through 100. The complaint alleges causes of action for: (1) Breach of Implied Covenant of Quiet Use and Enjoyment; (2) Negligent Violation of Statutory Duty; (3) Inte...

Excerpt: ...nt Ultracor, Inc. Served on Third-Party Witness JP Morgan (2) Motion to of Sikder Holdings International, Inc. for an Order Compelling Defendant Marsha Na Nongkhai's Appearance at Deposition and Production of Documents (3) Request for Sanctions Tentative Rulings: (1) Motion to Enforce Subpoena of Business Records of Defendant Ultracor, Inc. Served on Third-Party Witness JP Morgan is GRANTED, over the unproven objection by Ms. Nongkai (2) Motion t...

Excerpt: ...ended Complaint ¿ Tentative Rulings: (1) DENIED ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On December 22, 2020, Plaintiff, Chantal Kairouz (“Plaintiff”) filed a Complaint against Defendant, Maison Chicken, Inc., a California Corporation, and DOES 1 through 30. On August 19, 2021, Plaintiff filed a First Amended Complaint (“FAC”). On May 9, 2022, Plaintiff filed a Second Amended Complaint (“SAC”) against Defendants,...

Excerpt: ...) MOOTED by the sustaining of the Demurrer I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On October 17, 2023, Plaintiff, Vivienne Halston (“Plaintiff”) filed a Complaint against Defendant, Victor Ortiz, Ashish Lal, and Esa Management, LLC. The Complaint alleges causes of action for: (1) Breach of Contract; (2) Fraud; and (3) General Negligence. Defendant, Victor Ortiz now files a Demurrer and Anti-SLAPP motion to strike. ¿ B. Procedural¿¿ ¿ On...

Excerpt: ...eave to amend ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ 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. On July 17, 2023, Plaintiff filed a Second Amended Complaint (“SAC”). The Court sustained previous demurrers to prior versions of the Complaint, and gave Plain...

Excerpt: ...tiff, Palos Verdes Bay Club Inc. (“Plaintiff”) filed a Complaint against Defendants, Construction Service Group Inc. dba Hunt Bros Roofing, Bradley Hunt, National Roofing Consultants, Inc., and DOES 1 through 25. On May 12, 2023, Plaintiff filed a First Amended Complaint. On July 6, 2021, Plaintiff filed a Second Amended Complaint alleging causes of action for: (1) Negligence; and (2) Breach of Implied Warranties. Defendant, Regen America, In...