Excerpt: ...e of the percent of the class objectmg and how many members of the class were given notice (13 or some other number) and what percentage responded Plamtiff Ulysses A Rivas ("Plaintiff) seeks preliminary approval of the proposed class action settlement, which Defendant City of Manhattan Beach ("Defendant) do not oppose. Subject to court approval, Plaintiff and Defendant have agreed to settle Plaintiffs and the proposed Class Members' claims agains...

Excerpt: ...hould be permitted. Plaintiffs counsel will need to discuss what a proposed amendment would entail (2) Motion to Strike is mooted by the sustaming of the Demurrer (3) The CMC wall be re-scheduled if leave to amend the Complaint is granted On November 9, 2022, Plaintiff, Luis Hernandez, Jr. ("Plaintiff') filed a complaint against Defendant, Del Amo Motorsports ("Defendant"), and DOES 1 through 50. The Complaint alleges causes of action for: (1) Ne...

Excerpt: ...æANTED. 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 alleging causes of action for: (1) Breach of Contract; (2) Common Count; (3) Claim & Delivery, and (4) Conversion. This action arises out of Plaintiffs claim that Defendant did not abide by her lease agreement with South Bay BMW for the use of certain personal propert...

Excerpt: ...sical Therapy Plaintiff Erica H. Leventhal July 7, 2023 (1) Defendant, Jamie Lu Dominguez's Demurrer (2) Defendant, Jamie Lu Dominguez's Motion to Strike (3) Defendants, Heather Seyfett, PT, and Physiotherapy Associates, Inc. dba Select Physical Therapy Demurrer (4) Seyferts Motion to Strike (1) SUSTAINED, with 20 days leave to amend (2) MOOTED by the sustaming of the intentional tort cause of action on which the pumtive damages allegations are p...

Excerpt: ... proceeds were promptly dissipated in the Spring of 2020 to place the moneys out of the reach of creditors On March 1, 2021, Plaintiffs, Jesse Franklin Esphorst an individual, and as successor-in-interest to The Estate of Jesse Eric Esphorst, deceased (Plaintiff) filed this action against Defendants, Tung Ming, Kwan Cheung, Teddyland, LLC, and DOES 1 through 50. This case is the more recently filed oft•vvo related matters, this one involving cl...

Excerpt: ...and DENIED in part ARGUE as to the inclusion of Mr. Collins as a defendant in the conversion cause of action. 30 days' leave to amend is granted as to most of the sustained claims, without leave to amend as to the labeled "possession of personal property" and "claim and delivery" claims that are not viable causes of action but instead are remedies. (2) Defendants Motion to Strike is mooted by the sustaining of the fraud cause of action with leave...

Excerpt: ...ns for fraudulent concealment and SUSTAINED without leave to amend as to the first cause of action for battety and the third cause of action for MED. (2) Defendants Motion to Strike is DENIED. On August 7, 2019, Plaintiff first filed a complaint in this case. On lune 7, 2022, Plaintiff Jessica Zazueta ("Plaintiff') filed her First Amended Complaint ("PAC") against Defendants, Wyndham Worldw•lde Corporation; Wyndham Destinations, Inc.; Wingate b...

Excerpt: ...imited Partnership ("Plaintiff') filed a verified complaint against Pacific Point Fund I, LP ("Defendant") and DOES 1 through 10. The verified complaint alleged a cause of action for promissory estoppel. This cause of action is based on the followmg facts: In September 2020, Borrower LOANCO allegedly took out a business-purpose loan for $1,360,000 from Defendant PPF as first lien secured by the Property. In December 2020, Borrower LOANCO apparent...

Excerpt: ...r Responses to Special Interrogatories, Set One (1) Defendants Motion to Compel Further Responses to Requests for Production, Set One is DENIED (2) Defendants Motion to Compel Special Interrogatories, Set One is GRANTED in part, DENIED in part (3) The motions for monetary sanction are denied On August 6, 2019, Plaintiffs filed their Complaint Plaintiffs' operative First Amended Complaint ("FAC") was filed on January 5, 2021. Plaintiffs allege the...

Excerpt: ...he PAC is due in 20 days 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 Written Contract; (2) Declaratoty Relief; (3) Injunctive Relief; (4) B...

Excerpt: ... the Court can take judicial notice that TSBs are given to NHTSA which in turn makes them publicly available. Complaint 126 and 127 alleges that "none ofthis information was available to the public" and that GM 'had exclusive knowledge of the defect" and actively concealed information from the public The Court will entertam argument as to whether Plaintiff needs to make further allegations as to GM's failure to disclose TSBs to NHTSA and whether ...

Excerpt: ...ooted by the belated service of supplemental responses to the RFA's? If so, the motion to compel will be mooted but the monetary sanctions of $750 are payable within 30 days. Ifnot the motion will be granted. 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 who w...

Excerpt: ...PT, Inc. Since then, Defendant, Thomas Blackburn has been dismissed. 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 Defendant when it was involved in a collision at "Highway 183 at Austin-Bergstrom Intl airport." (Request for Judicial Notice, ("RIN"), Exhibit ("Ex.") 1, (Complaint), pp. 4-5.) Notably, Plaintif...

Excerpt: ...CMC and conduct it immediately after the Demurrer hearing On December 1, 2023, Plaintiffs, Sergio Hernandez and Oscar Enriquez filed an unverified Complaint against Defendants, Jose Carlos Regalado, Kenneth M. Frittz, KW International, Incu and DOES 1 through 25. The Complaint alleges causes of action for: (1) Motor Vehicle; and (2) General Negligence. The Complaint notes that on December 11, 2020, Plaintiffs, Sergio Hernandez and Oscar Enriquez ...

Excerpt: ...i ¿¿ TRIAL DATE: None Set. ¿¿ MOTION:¿ (1) Motion to Stay Action on Grounds of Inconvenient Forum ¿ Tentative Rulings: (1) DENIED On March 10, 2023, this Court continued the hearing on the defense motion to stay or the representation by defense counsel that a “more robust” showing could be made addressing the Court's concerns. In Defendants' supplemental briefing, they provide a proposed Indiana Declaratory Relief Action Complaint to be...

Excerpt: ... property located at 2145 Rambla Pacifico in Malibu, California 90265 (the “Property”). Since the Property is in a brush fire zone, Plaintiff's 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 fr...

Excerpt: ... Factual¿¿ ¿ On October 18, 2022, Plaintiffs Michael Trenery and Noble Witcher (collectively “Plaintiffs”) filed a complaint against Defendant, Brandon Xavier Calhoun (“Defendant”) and DOES 1 through 25 alleging causes of action for: (1) Negligence and (2) Negligence Per Se. This action is based on the allegations in Plaintiffs' complain that on April 2, 2022, Calhoun knowingly and consciously got behind the wheel of his vehicle while ...

Excerpt: ... Daniel Curtis Investments, LLC ¿ TRIAL DATE: Not Set ¿ MOTION:¿ (1) Motion to Compel Further Responses by Plaintiff to Defendant's Form Interrogatories (2) Motion to Compel Further Responses by Plaintiff to Defendant's Requests for Admission Tentative Rulings: The Court will order an additional verified further response to the RFOGs. The Court intends to have Plaintiff excise much of the preamble to each of the further responses to Form Inter...

Excerpt: ...minating Sanction is GRANTED. The Court will grant a default judgment for plaintiff and schedule a prove-up hearing for the monetary award sought. I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On February 3, 2023, this Court granted Plaintiff's motions to compel responses to Form Interrogatories, Special Interrogatories, Request for Production of Documents, and Requests for Admission. The Court ordered Defendant Roquemore to provide verified responses, w...

Excerpt: ...mie Lu Dominguez sued as DOE 1, TRIAL DATE: July 7, 2023 ¿¿¿ MOTION:¿ (1) Plaintiff's Motion to Compel Jamie Lu Dominguez to Special Interrogatories, Set One. (2) Plaintiff's Motion to Compel Jamie Lu Dominguez to Respond to Demand for Production of Documents, Set One. (3) Plaintiff's Motion to Compel Jamie Lu Dominguez to Respond to Demand for Production of Documents, Set Two. ¿¿ Tentative Rulings: (1) Denied, as per previous rulings and g...

Excerpt: ... Johnson's (“Plaintiff”) former counsel served Plaintiff with “Notice of Order Granting Motion to be Relieved as Counsel and Hearing on Motion to Declare Vexatious Litigant; Motion to Consolidate; Case Management Conference; OSC Failure to Prosecute, Failure to File Proof of Service” (the “Notice”). Mr. Douglas notes he provided all parties with notice that on August 24, 2022, this Court granted his Motion to be Relieved as Counsel fo...

Excerpt: ...he sustaining of the Demurrer. 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”) alleging causes of action for: (1) Violation of Subdivision(D) of Civil Code section 1793.2; (2) Violation of Subdivision(B) of Civil Code section 1793.2; (3) Violation of Subdivision (A)(3) of Ci...

Excerpt: ...2, Plaintiff filed an unlawful detainer or UD Complaint against Defendants, Avetis Hekimyan, and DOES 1 through 10. However, Defendant denies being served personally, by substitution, or by posting and mailing. Defendant asserts no knowledge of the summons and complaint, nor that anyone was attempting to serve him until Thursday, February 23, 2023, when Defendant arrived home to his primary residence located at 16 Narscissa Drive, Rancho Palos Ve...

Excerpt: ...ial Council form complaint for bodily injury arising out of a motor vehicle collision. On January 23, 2023, Plaintiff filed a First Amended Complaint ("FAC") alleging causes of action for: (1) Motor Vehicle Negligence; and (2) General Negligence against Defendant, City of Los Angeles ("City"). The FAC is based on the followmg alleged facts: On July 21, 2022, defendants owned, operated, entrusted and controlled an unspecified vehicle that was negl...

Excerpt: ...murrer to Plaintiffs Writ of Mandate is OVERRULED. (2) The Motion to Strike is GRANTED in part as to tvvo ofthe identified allegations, and DENIED as to the rest. (3) The REIN is DENIED On October 21, 2022, Petitioner, Alan Elias ("Petitioner"), filed a Writ of Mandate agamst Respondent, West Coast Laboratories, Inc. ("Respondent' or "WCL".) On Februaty 14, 2023, Petitioner filed an Amended Writ of Mandate. ("AWOM".) Petitioner requested in his A...

Excerpt: ... is GRANTED On June 21, 2022, Plaintiff, 31 Horses Incorporated filed a complaint against Defendants, Virginia Gamble, Genevieve Cooley, and DOES 1 through 1. The Complaint alleged causes of action for: (1) Failure to Pay Promissory Note; and (2) Fraud. Defendant, Virginia Gamble, admits in her declaration that she was personally served with the summons along with the complaint on July 5, 2022. (Gamble Decl„ 2.) However, she further notes that ...

Excerpt: ...Jamie Lu Dominguez sued as DOE 1, July 7, 2023 (1) Motion to Compel Jamie Lu Dommguez to Respond to Form Interrogatories, Set One. (1) Plaintiffs Motion to Compel Jamie Lu Dominguez to Respond to Form Interrogatories, Set One. Is DENIED. Since the parties declined the Courts invitation to stipulate to a resolution of this and other pending discovety motions that raise the same issues as the RFA motions last week the Court will consider making an ...

Excerpt: ...amend as to RR Financial Services, butthe case may proceed as to remaining Defs. The Court also notes that Rolls Royce Financial's demurrers have been previously sustained to the first, second, and third amended complaints, all with leave to amend being granted. On October 26, 2020, Plaintiffs Avakian Engineering. Inc„ and Marine Gasparian (collectively "Plaintiffs") filed this action against Rolls-Royce Motor Cars NA, LLC, Rolls-Roy:e Cars Fin...

Excerpt: ... (1) Specially Appearmg Defendant Le'mar Marshall's Motion to Compel Arbitration is DENIED. On July 5, 2022, Plaintiff Strategic Funding Source, Inc. d/b/a Kapitus ("Plaintiff') filed a verified complaint against Defendants Lemar Marshall a/k/a Le'Mar Marshall and Marshall Horizons LLC (Collectively, "Defendants") for an alleged breach of a business loan agreement ("Agreement") entered into by Marshall Horizons as a borrower and by Mr. Marshall a...

Excerpt: ...hinks she might be able to further allege before deciding whether one last chance to amend will be granted. On November 2, 2022, Plaintiff Persona310 ("Plaintiff') filed this action against Defendant, City of Hawthorne ("Defendant"). On December 16, 2022, Plaintiff filed its First Amended Complaint On February 9, 2023, Plamtiff filed a Second Amended Complaint ("SAC") alleging causes of action for: Breach of Contract. Defendant now demurs to the ...

Excerpt: ... Gayane Ambartsumyan; Jonathan Christian Terpanjian, a Minor, by and through his Guardian ad Litem, Gayane Ambartsumyan; Michael Andrew Terpanjian, a Minor, by and through his Guardian ad Litem, Gayane Ambartsumyan. August 22, 2023 (1) Defendant, Eric J. Castleman, M.D. and COR Healthcare Medical Associates' Motion for Summaty Judgment (2) Defendant, Ankush K. Chhabra, M.D.'s Motion for Summary Judgment (3) Defendant, Torrance Memorial Medical Ce...

Excerpt: ...ry 14, 2019, Plaintiff filed this bodily injury action agamst Defendants. Plaintiffs action is a products liability case in which he alleges he suffered a traumatic brain injury resulting in loss of income and permanent loss of earning capacity. In response to Form Interrogatories, Plaintiff disclosed the identity of Larry Pitkin ("Mr. Pitkin") as a witness who Will support his loss of income claim. Nautilus, Inc. ("Defendant) personally served M...

Excerpt: ... the alternative, Summary Adjudication, is DENIED without prejudice to being re-field with Code- compliant original Ps and As. On September 25, 2020, Vatche Cabayan ("Plaintiff) filed a complaint against Petri Entertainment LLC and Warner Davis (collectively "Defendants" for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, and (3) declaratory relief. On December 22, 2020, plaintiff filed a FAC for (1) breach ...

Excerpt: ...e offer by Plamtiffs counsel to depose the Defendants in Palm Desert near their residence where, per defense counsel, they currently reside. Plamtiff filed the Complaint on Februaty 3, 2022. Plaintiff alleges that he and Defendant Alan Boeke were both shopping at a Vons market in Manhattan Beach when they had an argument inside the store. The Complaint further alleges that when Plaintiff exited the store, Defendant Boeke, who was already in his v...

Excerpt: ...urt will hear arguments as to whether the SDT court be ordered modified such that it is made clear to the Ävo banks that only the signature cards for the two specified accounts are bemg sought, and/or that social security numbers must be redacted. But first, Plamtiffwill need to clarify the legitimate discoverable purpose of the signature cards (2) Denied Plamtiffs Dinesh Bharat and Prachi Bharat ("Plaintiffs") allegedly worked as property manag...

Excerpt: ...ord Motor Company, Case No. 8312261ü 1. FACTUAL BACKGROUND On April 1, 2021, Plaintiff Paula Watts ("Plaintiff') alleges that she purchased a used, certified pre-owned 2020 Nissan Altima (the 'Vehicle") and that she entered into an express written contract with Defendant Nissan North America, Inc. ("Nissan") for a new vehicle limited warranty. Plaintiff alleges that the Vehicle has a certain transmission defect Plaintiff further alleges that she...

Excerpt: ... 1 to Defendant Jamie Lu Dominguez Admitted (1) DENIED as to Motion to Deem Requests for Admission Set 1 to Defendant Heather Seyfert (2) DENIED as to Motion to Deem Requests for Admission Setl to Defendant Jamie Lu Dominguez Admitted 1. FACTUAL BACKGROUND FOR BOTH MOTIONS On approximately September 14, 2018, Plaintiff Erica H. Leventhal ("Plaintiff') alleges that she was injured while undergoing physical therapy and that Defendants Physiotherapy...

Excerpt: ...aintiffs First Amended Complaint (1) SUSTAINED; without leave to amend. This action arises out of an alleged fraud committed agamst Elbashier Kheir ("Plaintiff') who responded to an advertisement by Bon Hoa Patrice ("Defendant Patrice") for a housing rental in April of 2022. (First Amended Complaint, hereinafter, "FAC", 10). Defendant Patrice instructed Plaintiff to deposit bvo separate deposits of $2,000 to be made into tvvo Wells Fargo bank acc...

Excerpt: ...BIM Operating Agreement as to causes of action 1-4 and 11, which fall within the ambit of the BIM Operating Agreements ADR clauses beö.veen signatories to that Agreement. Neither side has refused to mediate as the Court reads the exchanges of emails among counsel in the days just before this motion was filed. Causes of action 5-10 appear to be reassertions of creditors claims filed by non-signatories in the currently pending probate case, and ap...

Excerpt: ...Lien and Expunge Notice of Pending Action (1) Defendants Demurrer to Plaintiffs Complaint is SUSTAINED unth 20 days Leave to Amend (2) The Motion to Remove the Mechanics Lien and Expunge the Lis Pendens is GRANTED, without prejudice to being reasserted once the pleading defects are corrected On October 12, 2022, Plaintiff, Morley Construction Company filed a complaint against PCL Construction Services, Inc. ("PCL"), Fidelity and Deposit Company o...

Excerpt: ...ENIED as to Defendant Global United Solutions, Inc. The corporation has not validly appeared in this case because the Answer filed on behalf of the individual and the corporation was submitted and signed exclusively by Mr. Silva in per, but corporations are required to be represented by counsel in order to lawfully appear in California courts. Therefore, the corporation was not properly sewed by mail With the RFAs since there is no lawful appeara...

Excerpt: ...eave to Amend as to four of the five causes of action, without leave to amend as to the fifth (2) Defendants Motion to Strike Plaintiffs Complaint is mooted On November 1, 2022, Plaintiff, Mauricio E. Valencia ("Plaintiff') filed a Complaint agamst Defendants, Bank of America N.A., Ruben Curhuamaca, and Sogla and Associates, Inc.. The Complaint alleges causes of action for: (1) Fraud; (2) Money Wire Fraud; (3) Breach of Fiduciary Duties; (4) Negl...

Excerpt: ... Contempt (1) Granted. The Court Sets a Hearing in 30 days on the Order to Show Cause re Contempt, with the intention of giving Mr. Duncan the intewening four weeks to prepare and submit the Court-ordered Concept Plan for removal of the encroachments as a fact in mitigation of what appears to be a conscious and deliberate disregard for a lawful order of the Court Waiting for Mom to pass away is nota sufficient excuse for further delay in addressi...

Excerpt: ...TRIAL DATE: February 26, 2024 ¿¿ MOTION:¿ (1) Plaintiff's Special Motion to Strike Defendant, Chi Hsin Impex, Inc.'s Cross- Complaint (2) Plaintiff's Special Motion to Strike Defendant Big 5 Corp's Original Cross- Complaint ¿ Tentative Rulings: (1) The anti-SLAPP motion as to Chi Hsin Impex is denied. ¿ (2) The anti-SLAPP motion as to Big 5 is mooted by Big 5's filing of its First Amended Cross-Complaint before the anti-SLAPP motion was file...

Excerpt: ...� Plaintiff filed his original Complaint on February 18, 2022 and listed Dasho II, LLC as a Defendant and a subject property located at 8525 S Sepulveda Blvd., Los Angeles, CA 90045. Defendants Susana Kechedzian and Trendsetters Plus Inc. have no relation to Dasho II, LLC or to the aforementioned subject property. Defendants assert that this confusion began as a result of this mistake made by the Plaintiff himself. Plaintiff has since filed a Fir...

Excerpt: ...Second Alleged Causes of Action without leave to amend. As to the Third Cause of Action, the Court will consider one final attempt to amend as discussed below. The Court strongly encourages the parties and especially counsel to consider a refund- based settlement before engaging in another round of pleading motions. The Court is mindful that depositions are scheduled to occur the day after this hearing and the Court is NOT inclined to consider fu...

Excerpt: ... individually ¿¿ TRIAL DATE: August 22, 2023 ¿¿ MOTION:¿ (1) Motion to Quash ¿ Tentative Rulings: (1) Grant, but if defense counsel will not agree to accept service on Mr. Rechnitz' behalf, the Court will consider a motion to serve by publication in light of plaintiff's reasonably diligent efforts to effect service at multiple addresses they found for him ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On February 22, 2022, Plaintiff Barba...

Excerpt: ...parte application to continue the MSJ hearing again, which the Court will entertain before oral argument on this Tentative Ruling I. BACKGROUND¿¿ A. Factual¿¿ ¿ Plaintiff Erin Hughes (“Plaintiff”) is the owner of property located at 2145 Rambla Pacifico in Malibu, California 90265 (the “Property”). Since the Property is in a brush fire zone, Plaintiff's only option for fire insurance was to purchase it from California Fair Plan (“C...

Excerpt: ...Granted, as detailed below. Responsive documents and a verified further response to be provided by March 31, 2023 ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual Plaintiff served Defendant with Requests for Production, Set Three. This discovery motion consisted of one request, Request No. 111, which requested: Please IDENTIFY and produce all DOCUMENTS submitted by YOU (Hyundai Motor America/HMA) to the National Highway Transportation [sic] Safety Admi...

Excerpt: ...Factual¿¿ On October 24, 2022, Plaintiffs James Soroka and Lisa Soroka (collectively “Plaintiffs”) filed this complaint against Defendant, Bank of America, N.A. (“Defendant”). The complaint alleges causes of action for: (1) Violation of Civil Code § 2923.5; (2) Violation of Civil Code § 2924(a)(1); (3) Violation of Civil Code § 2923.6(c); (4) Violation of Civil Code § 2923.7; (5) Violation of Civil Code § 2924.9; (6) Violation of C...

Excerpt: ...ACKGROUND¿ A. Factual¿ ¿¿ Plaintiff Rafael Torres filed First Amended Complaint (“FAC”) against defendants Technion Contractors TCI, Inc. (“Technion”), Suttles Plumbing, Inc. (“Suttles”), and Does 1 through 50, alleging one cause of action for negligence. The FAC alleges the following: defendants developed, built, or otherwise controlled Paseo Del Rey Elementary School at 7751 Paseo Del Rey, Playa Del Rey, CA 90293 (the “Propert...

Excerpt: ...� A. Factual¿¿ ¿¿ This is a lemon law action brought by Plaintiff, Maximo Marrufo (“Plaintiff”) against Defendant, Nissan North America, Inc. (“Nissan”), and DOES 1 through 10. The case arises out of Plaintiff's purchase of a 2019 Nissan Leaf (“Subject Vehicle”) from Gardena Nissan in Gardena, California. Plaintiff alleges that Nissan breached its warranty obligations as set forth in the “2019 Leaf Warranty Information Booklet�...

Excerpt: ...intiff's verified Complaint ¶21 asserts an oral agreement by PPF to refrain from any foreclosure sale “until such time as the title issue was resolved either by court action or by the parties.” Were PPF to provide a declaration and/or exhibits bearing on whether there was any such agreement, and were plaintiff given fair opportunity to respond, the Court would then be in a better position to evaluate the likelihood of success on the merits a...

Excerpt: ...fter which the duty to file a release of the mechanics lien and the dismissal of all parties including Reg8Plaza would be triggered. The evidence before the Court is that the settlement payments were not made, a condition precedent to dismissing Reg8 and to releasing the mechanics lien. Given the withdrawal of BMI's motion to enforce, and its CMC statement indicating that the settlement had cratered, the Court will hear from Reg8 as to whether ev...

Excerpt: ...22 (2) Request for Monetary Sanctions ¿ ¿ Tentative Rulings: (1) GRANTED. Moving party to discuss at the hearing which calls of the SDT remain outstanding so a suitable order can be crafted (2) Denied without prejudice ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On May 24, 2017, Plaintiff Donald Green (“Plaintiff”) was working on a stand-up forklift at his place of employment at Lithographix, Inc. (“Lithographix”) when he al...

Excerpt: ...tative Rulings: (1) SUSTAINED with 20 days leave to amend. (2) The Motion to Strike is mooted by the Court's ruling on the Demurrer ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ Plaintiff filed the Complaint on September 22, 2021. The First Amended Complaint was filed on December 20, 2021. On May 31, 2022, the Court sustained a demurrer to Plaintiff's First Amended Complaint with leave to amend. On May 31, 2022, Plaintiff filed a Second Amended C...

Excerpt: ...MSA are raised as to whether Bruce and Terry Huff and Dominic Rouzaud were LuAnn Development's “employees” or “independent contractors” per jury instruction CACI 3704 and/or 3706, whether the Huff's work on the remodel project did or did not require a contractor's license, and whether LuAnn Development was or was not “required” to maintain unemployment insurance given the manner in which workers were utilized on the project. I. BACKGR...

Excerpt: ...rer is overruled in part, and sustained in part (2) Granted ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On October 19, 2022, Plaintiffs filed their First Amended Complaint (“FAC”) against South Bay Center SPE, LLC, QIC Properties US, Inc, QIC US Management, Inc, CBRE, Inc, CBRE Group, Inc, L Catterton Real Estate, and DOES 1 through 20. Plaintiffs allege the following causes of action: (1) Breach of Written Contract; (2) Breach of Implied Cov...

Excerpt: ...ruled in part, sustained in part (2) Defendant's Motion to Strike is granted in part, denied in part A more detailed tentative ruling will be issued in advance of the February 28, 2023 hearing once the CBRE motions are fully briefed. On the Court's own motion, the hearings on the SBC Defendants' demurrer and motion to strike are continued to February 28. ¿ At the outset, the Court notes that different defendants have different demurrers to the s...

Excerpt: ...o the Court will refrain from detailing here its overview of the parties' familiarity with each other and the Court's perspective on disability access cases involving high-frequency litigants. A. Factual¿ ¿¿ On December 29, 2022, Plaintiff filed a Second Amended Complaint (“SAC”) against Manhattan Place, Inc. (“Defendant”), and DOES 1 through 10 for violations of the Unruh Civil Rights Act. Defendant is alleged to be the owner of a sho...

Excerpt: ...� TRIAL DATE: Not Set; CMC on 4/20/23 ¿¿ MOTION:¿ (1) Demurrer¿ Tentative Rulings: (1) Sustained with 20 days leave to amend ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On October 10, 2022, Plaintiffs, Tracie Love and E.B.J.T Enterprise, LLC (collectively, “Plaintiffs”) filed a complaint against Jerome L. Dodson, as Trustee of the Jerome L. Dodson Trust of 2012; Asset Default Management, Inc, Lil'Wave Financial, Inc., dba Superior Lo...

Excerpt: ...er leave to amend should be given as to the contract claim (2) Defendant's Motion to Strike is mooted by the sustaining of the Demurrer ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On August 12, 2021, Plaintiffs filed their Complaint. Plaintiffs allege the following facts. Plaintiffs and Defendant entered into a settlement agreement in Case No. YC072026. Defendant breached the settlement agreement. On July 5, 2022, Plaintiffs filed a First Am...

Excerpt: ... 2019, Plaintiff filed this action against Defendants. Plaintiff's action is a products liability case in which he alleges he suffered a traumatic brain injury resulting in loss of income and permanent loss of earning capacity. In response to Form Interrogatories, Plaintiff disclosed the identity of Larry Pitkin (“Mr. Pitkin”) as a witness who will support his loss of income claim. Nautilus, Inc. (“Defendant') personally served Mr. Pitkin a...

Excerpt: ...ive Rulings: (1) Motion to Compel in-person Deposition is GRANTED, for a date to be discussed during the hearing. The deposition will occur after 2/28/23. (2) Monetary sanctions are DENIED 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 ...

Excerpt: ...CKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On July 5, 2022, Plaintiff, Ellen Rudolph (“Plaintiff”) filed a complaint against Defendant, General Motors, and DOES 1 through 10. On October 24, 2022, Plaintiff filed a First Amended Complaint (“FAC”). The FAC alleges causes of action for: (1) Violation of Civil Code section 1793.2(d); (2) Violation of Civil Code section 1793.2(b); (3) Violation of Civil Code section 1793.2(a)(3); (4) Breach of The Im...

Excerpt: ...led to carry its burden of proving a valid arbitration agreement. I. BACKGROUND¿ ¿ A. Factual¿ On July 7, 2022, Plaintiff, Rhonda Mims (“Plaintiff”) filed an action against Defendant South Bay Home Care, Inc.'s (“Defendant”) stating causes of action for Violation to California Labor Code § 2698, et seq., including: (1) Failure to pay overtime; (2) Failure to provide meal periods; (3) Failure to provide rest periods; (4) Failure to pay...

Excerpt: ...breach of contract (2) Request for Monetary Sanctions (3) CMC to be conducted ¿ Tentative Rulings: (1) Overruled. Defendant shall Answer within 20 days (2) Sanctions request is denied. (3) The Court will set a trial and FSC dates in early 2024. Counsel should have their calendars ready during the CMC ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On July 6, 2021, Plaintiffs filed their Complaint. On February 22, 2022, Plaintiffs filed the First A...

Excerpt: ... (1) CONTINUED, Pending several elements of further meeting and conferring the Court intends to order after hearing oral argument ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual Plaintiff served Defendant with Requests for Production, Set Three. This discovery motion consisted of one request, Request No. 111, which requested: Please IDENTIFY and produce all DOCUMENTS submitted by YOU (Hyundai Motor America/HMA) to the National Highway Transportation [...

Excerpt: ... considerable law and motion activity in these related cases, including extensive briefing and evidence bearing on a motion to disqualify Mr. Menke and his firm as trial counsel, Mr. Wu's motion for leave to file a Cross-Complaint arising out of his sale of shares in Bergamon, pending discovery motions, and the joint motion of Bergamon, Liew, Hsu and Jiang to compel arbitration of Wu's cross-complaint based on the arbitration clause in the Stock ...

Excerpt: ...dication ¿ Tentative Rulings: (1) GRANT Summary Judgment I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On April 1, 2021, Tess Hernandez, a minor by and through her Guardian ad Litem, Brittney Lopez (“Plaintiff”) filed a complaint against Shereen Beverly, M.D.; Shreen Beverly, M/D/, Inc., and Providence Little Company of Mary Medical Center for causes of action for Medical Malpractice and Vicarious Liability. The complaint alleges that Britney L...

Excerpt: ...¿ ¿¿ A. Factual¿¿ Plaintiff filed his original Complaint on February 18, 2022 and listed Dasho II, LLC as a Defendant and a subject property located at 8525 S Sepulveda Blvd., Los Angeles, CA 90045. Defendants Susana Kechedzian and Trendsetters Plus Inc. assert that they have no relation to Dasho II, LLC or to the aforementioned subject property. Defendants assert that this confusion began as a result of this mistake made by the Plaintiff hi...

Excerpt: ...ce ¿ Tentative Rulings: (1) Sustained, with leave to amend the Contract claim only (2) Granted (3) Rulings on each Request are in the body of this Tentative ¿¿ Overview: Plaintiff's lawsuit, now on its amended complaint, essentially seeks monetary damages from the City for a lengthy delay in processing applications for a business license. Many, if not most- public agencies around the country have faced delays in everything from construction pe...

Excerpt: ...sue with all parties defendant served by the March 16, 2023 date of the CMC. I. BACKGROUND A. Factual On July 8, 2022, Plaintiff, Ocean Recovery, LLC (“Plaintiff”) filed a complaint against Sullivan Curtis Monroe Insurance Services, LLC, and Scottsdale Indemnity Company (collectively “Defendants”). On July 13, 2022, Plaintiff filed an amended complaint. The complaint alleges a cause of action for breach of contract. Although the contract ...

Excerpt: ...aint Tentative Rulings: (1) DENIED, in light of very recent service of responses to the RFAs. (2) GRANTED, monetary sanctions int eh amount of $350 are ordered payable by Plaintiffs and/or their counsel within 30 days (3) OFF CALENDAR as there is no Second Amended Complaint to Demur to I. BACKGROUND¿ ¿ A. Factual¿ On December 10, 2020, Plaintiffs Juan Ramirez and Alondra Ramirez brought this action against Defendants Get Lucky Capital, LLC (�...

Excerpt: ...1) Defendant's Demurrer is OVERRULED in part and SUSTAINED in part. (2) Defendant's Motion to Strike is GRANTED in part and DENIED in part. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On August 7, 2019, Plaintiff first filed a complaint in this case. On June 7, 2022, Plaintiff, Jessica Zazueta (“Plaintiff”) filed her First Amended Complaint (“FAC”) against Defendants, Wyndham Worldwide Corporation; Wyndham Destinations, Inc.; Wingate by...

Excerpt: ...parate Property Trust dated September 13, 2010 TRIAL DATE: None set MOTION: (1) Demurrer to First Amended Complaint (2) Motion to Strike Meet and Confer Declaration of Ms. Amboss Tentative Rulings: (1) Defendants' Demurrer is OVERRULED. (2) Motion to Strike the Amboss Declaration is DENIED, but is not considered by the Court for the 2/2/23 hearing as it clearly is in reference to a discovery dispute, not the Demurrer I. BACKGROUND A. Factual On M...

Excerpt: ...ve Damages ¿ Tentative Rulings: (1) Plaintiff's Motion for Leave of Court to File Second Amended Complaint for Punitive Damages is DENIED. ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On September 10, 2021, plaintiff Tony Talbert filed a complaint. The operative pleading is the First Amended Complaint and asserts causes of action for (1) dental malpractice, (2) lack of informed consent, (3) battery, (4) intentional misrepresentat...

Excerpt: ...ial to 9/5/23, 9/25/23, or 1/8/24, but deny the request to extend all discovery and motion dates. Discuss what discovery remains that has not been propounded, and discuss scheduling the deposition of Plaintiffs whether in Texas of California¿ I. BACKGROUND¿¿¿ A. Factual¿¿¿ This action is an individual action for wages unpaid to the resident managers of a motel complex owned by Avadesh Bhagat. Defendants contend that Plaintiffs are owed not...

Excerpt: ... further responses to the subject discovery Discussion On October 26, 2022, this Court issued a minute order requiring Defendant to provide substantive, verified responses to all four sets of discovery that are the subject of these motions, and to produce responsive documents identified in those responses, no later than November 28, 2022. Plaintiff asserts that Defendant did not comply with the Court's order. Instead, Plaintiff asserts that on No...

Excerpt: ...re-brief the case in compliance with the page limits required by the Rules of Court, (b) Defendant will re-submit objections that comply with CRC 3.1454(b), and (c) Plaintiff satisfies the Court that evidence exists to support an opposition but further discovery is needed to present such evidence per CCP § 437c(h). The Trial would also need to be continued. Counsel should have their calendars ready to discuss these matters I. BACKGROUND¿¿ ¿¿...

Excerpt: ...n for Leave to File First Amended Petition ¿¿ Tentative Rulings: (1) GRANT ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ This is a traditional writ of mandamus action challenges the City of Redondo Beach's (“Respondent”) recent update to the “housing element” portion of its general plan. The action was brough pursuant to Government Code 65751, et seq. Among other things, the Verified Petition for Writ of Mandate (“Petit...

Excerpt: ...rgical Institute (2) Plaintiff, R&R Surgical Institute ¿¿ TRIAL DATE: Not Set ¿¿ MOTION:¿ (1) Demurrer (2) Demurrer Tentative Rulings: (1) Defendant Anthem's Demurrer is SUSTAINED with 20 days leave to amend (2) Defendant Premera's Demurrer is SUSTAINED with 20 days leave to amend I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ This action arises out of breach of contract cases. Plaintiff, R&R Surgical Institute filed a complaint against Defendan...

Excerpt: ...ies, Set One, Nos. 22- 30 (3) Motion to Compel Further Responses to Requests for Production of Documents, Set One, Nos. 66-76. (4) Monetary Sanctions Tentative Rulings: (1) Motion to Compel Further Responses as to Form Interrogatories, Set One, No. 3.6 is DENIED, without prejudice to it being pursued either in arbitration is the case is ordered to arbitration, or in the litigated case if the future hearing on the pending arbitration motion is den...

Excerpt: ...na Duces Tecum issued on July 28, 2022 ¿ ¿ Tentative Rulings: (1) Assuming the Court is satisfied with Rack Us Up's efforts to resolve this informally with Lithographix, and that moving party can satisfy the Court that “Stephanie” was authorized to accept service by e-mail, the Motion would be GRANTED. ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On May 24, 2017, Plaintiff Donald Green (“Plaintiff”) was working on a stand-up ...

Excerpt: ...ion Pending Completion of the Arbitration of Wu's Cross-Complaint Tentative Ruling: (1) Motion to Compel Arbitration is DENIED, without prejudice. The Court has no evidence that the mediation pre-condition to arbitration per the Stock Repurchase Agreement has been satisfied, and there are ambiguities and conflicting language in the Dispute Resolution provisions as to which the moving party has not met its burden of proof (2) Request for Stay was ...

Excerpt: ...ion ¿ ¿ Tentative Rulings: (1) Summary Adjudication GRANTED as to the first and second causes of action, Denied as to the third and fourth. The Court suggests an alternative resolution for the parties to consider in the Conclusion paragraph of this Tentative Ruling I. BACKGROUND¿¿ A. Factual¿¿ ¿ On March 24, 2022, Plaintiff Financial Services Vehicle Trust, by and through its servicer, BMW Financial Services, NA (“Plaintiff”) filed thi...

Excerpt: ...bey Court's Order Dated July 15, 2022. (2) Defense request for continuance pending resolution of arithmetic errors in the sanctison amount ¿ TENTATIVE RULINGS: (1) The Writ of Execution is GRANTED. Plaintiff's Motion for further monetary sanctions against Defendants is denied without prejudice to it being re-filed once collection of the sanctions has been achieved, since those efforts may involve additional attorneys' fees which may well be awar...

Excerpt: ... ARGUED. While the Court is constrained by Felisilda, the evidence submitted by Plaintiff suggests that FCA might be estopped from asserting entitlement to arbitrate if FCA declined to establish or continue giving California customers the option to arbitrate lemon claims (2) Mooted if the Court grants the arbitration motion ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ This is a lemon law action brought by Plaintiff, Melanie (“Plaintiff”) aga...

Excerpt: ...laintiff Iisha Byas' mother, Ceylon Byas, was an employee of Defendant Property Management Associates, Inc. as an onsite property manager. The property was owned by Defendant Three Rainbows, LLC. Ceylon Byas was allegedly physically attacked by Defendant Sarah Bruce, a tenant at the property. As a result of this attack, Ceylon Byas died. On March 29, 2022, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action for: (1) Ne...

Excerpt: ...lity Company; Mohammad Abdelnaser, R.N., an individual; and DOES 1 through 20 ¿¿ TRIAL DATE: June 5, 2023 ¿ ¿¿ MOTION:¿ (1) Motion to Compel Defendant Prime Healthcare Centinela, LLC to Comply with Plaintiff's Demand for Inspection of Real Property (2) Monetary sanctions ¿ Tentative Rulings: (1) GRANTED in part, with time, place, and manner restrictions as detailed below (2) Monetary sanctions are denied. The was substantial justification ...

Excerpt: ...or Attorneys' Fees and Costs Tentative Rulings: (1) GRANTED, and because of the Trope issue the Court awards 50% of the requested $33,253 or $16,626.50 in attorneys' fees to the non‐attorney defendants as an equitable allocation between the attorney co‐defendants and the non‐attorney co‐defendants who prevailed on the anti‐SLAPP motion. $344.05 in costs are awarded as well. I. BACKGROUND¿ ¿ Plaintiff Garry Cassidy, individually and do...

Excerpt: ... of Request for The Production of Documents (2) Motion to Compel Defendant to Respond to Set One of Special Interrogatories (3) Monetary sanction for each motion ¿ ¿ Tentative Rulings: (1) Motion to Compel Defendant to Respond to Set One of Request for The Production of Documents is GRANTED. (2) Motion to Compel Defendant to Respond to Set One of Special Interrogatories is GRANTED. Defendant to provide verified answers to the interrogatories wi...

Excerpt: ...hearing date specified on its cover page ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ Plaintiff filed his original Complaint on February 18, 2022 and listed Dasho II, LLC as a Defendant and a subject property located at 8525 S Sepulveda Blvd., Los Angeles, CA 90045. Upon discovery that Dasho II was not the true owner of the subject property, Plaintiff filed a First Amended Complaint on June 14, 2022. The FAC removed Dasho II, LLC and added the c...

Excerpt: .... BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ This action involves a self-represented defendant who has filed no documents in this case other than his Answer over a year ago. Plaintiffs are investors in various businesses established by Defendant, Michael Ball (“Defendant”) memorialized in written contracts, wherein Defendant is appointed manager of the investments upon an agreement to provide Plaintiffs with unfettered access to the Busi...

Excerpt: ...ve Ruling: (1) ARGUE ¿¿ ¿ 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 arises out of an auto ...

Excerpt: ...ave to amend as to the statutory claim ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On October 11, 2022, Plaintiff, Elbashier M. Kheir (“Plaintiff”) filed this action against Defendants, Bon Hoa Patrice, Wells Fargo, Eric Doe, and DOES 1 through 10. The Complaint alleges cases of action for: (1) Breach of a Written Contract; (2) Unlawful Conversion; (3) Money Had & Received; (4) Theft by False Pretense; (5) Money Laundering; (6) Negligenc...

Excerpt: ...ulings: (1) GRANTED ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On July 23, 2021, Plaintiffs, Omar Shaheed and Ishiaketi Tims (collectively, “Plaintiffs”) filed a complaint against Defendants, Travelodge Hotels, Inc., Wyndham Hotels & Resorts, Inc., Sanjay Patel, and DOES 1 through 20. On December 23, 2021, Plaintiffs filed a first amended complaint. On May 18, 2022, Plaintiff filed a Second Amended Complaint alleging causes of action fo...

Excerpt: ...l Plaintiff, Avakian Engineering, Inc.'s and Marine Gasparian's Further Verified Responses to Requests for Production of Documents, Set One; Requests for Monetary Sanctions (2) Motion to Compel Plaintiff, Marine Gasparian's Further Verified Responses to Form Interrogatories, Set One; Requests for Monetary Sanctions (3) Motion to Compel Plaintiff Avakian Engineering, Inc.'s Further Verified Responses to Form Interrogatories, Set One; Requests for ...

Excerpt: ...sts ¿ Tentative Rulings: (1) Plaintiff's Motion for Attorney's Fees and Costs is GRANTED in the amount of $19,750. (2) Defendants' Motion to Tax Costs is GRANTED in part, but the largest amount claimed for the plaintiff's court reporter in an audio recorded limited jurisdiction trial needs to be ARGUED ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On October 5, 2022, the Court signed and entered judgment in favor of Plaintiff, with a written ...

Excerpt: ...'s counsel as to whether any further amendment could be made given this second demurrer after the demurrer to the original complaint was sustained as to some of the same causes of action ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On October 1, 2021, Plaintiff filed this action. On October 11, 2022, Plaintiff filed an First Amended Complaint (“FAC”) against Defendants, Sophie Adams aka Sophia Adams, Sofie Adams, Sophie Psychic Services d...