Excerpt: ...isapproves a multiplier but approves the hourly rates and expenses. Net award is $14,715.25. I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On May 31, 2023, Plaintiff, Krystal Walton (“Plaintiff”) filed a Complaint against Defendant, Ford Motor Company, and DOES 1 through 10. The Complaint alleges causes of action for: (1) Violation of Song-Beverly Consumer Warranty Act – Express Warranty; and (2) Violation of Song-Beverly Consumer Warranty Act �...

Excerpt: ...(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. On September 6, 2023, Plaintiff filed a Second Amended Complaint (“SAC”) alleging causes of action for: (1) Negligence; and (2) Negligent E...

Excerpt: ...ne (2) Defendant'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...

Excerpt: ...e Application to shorten hearing on motion to consolidate ¿ Tentative Rulings: (1) Antonio Trujillo's Demurrer¿ is Sustained, with leae to amend to be discussed (2) Lucila Parra's Demurrer is Overruled as tot eh financial elder abuse cause of action, but Sustained as to all other claims. Leave to amend to be discussed. (3) Depending on the outcome of the demurrer, there may or may not be a basis for relating this case with the pending UD and/or...

Excerpt: ...ffs, Wei Du and Yi Chieh (collectively “Plaintiffs”) filed a Complaint against Defendant, Tesla Motors, Inc., and DOES 1 through 10. The Complaint alleges causes of action for” (1) Violation of Civil Code § 1793.2(d); (2) Violation of Civil Code § 1793.2(b); (3) Violation of Civil Code § 1793.2(a)(3); (4) Breach of Express Written Warranty – Civil Code § 1791.2 (a), Section 1794; (5) ) Breach of the Implied Warranty of Merchantability...

Excerpt: ...pposition Brief Tentative Rulings: (1) Deny (2) Deny I. BACKGROUND A. Factual On May 20, 2021, Sean Lamont Dent, Sir, Sean Lamont Dent Jr, Icolin Joy Gayle, Talal Omar, and Musa Ali Eisa filed a complaint against Miguel Angel Valle for (1) self-help, (2) conversion, (3) trespass, (4) breach of warranty of habitability, (5) breach of covenant of quiet enjoyment, (6) nuisance, (7) negligence, (8) premises liability, (9) unfair competition/unfair bu...

Excerpt: ...edules I. BACKGROUND A. Factual On May 30, 2023, Plaintiff, Donna Lee Scoular (“Plaintiff”) filed a Complaint against Defendant, Earl Mendes Hyman (“Defendant”), and DOES 1 through 50. The Complaint alleges a cause of action for negligence. The Complaint contends that on July 19, 2021, Plaintiff was injured in a motor vehicle collision in Redondo Beach, California. Plaintiff is also currently 79 years old. Plaintiff has now filed a Motion...

Excerpt: ...ve to amend. The case will proceed as to the cause of action for negligence only (2) Defendant's Motion to Strike is mooted I. BACKGROUND A. Factual On July 26, 2022, Plaintiff, Carlton Turner (“Plaintiff”) filed a complaint against Defendants, Gardena Terrace Inn, Gardena Terrace Inn, LLC, Anand Desai, and DOES 1 through 20. On August 16, 2023, Plaintiff filed a Second Amended Complaint (SAC”). The SAC alleges causes of action for: (1) Bat...

Excerpt: ...tion to Compel Further Responses to Plaintiff's Request for Production of Documents, Set Two is GRANTED in part and DENIED in part, consistent with the guidance the Court gave the parties a month ago in its October 2, 2023 Tentative Ruling. The further production and verified further written response will be due within 21 days, i.e., before Thanksgiving, but if that is not realistic the Court will consider a longer time period conditioned on the ...

Excerpt: ... 12, 2022, Plaintiffs, James W. Goddard and Juli M. Rice (collectively “Plaintiffs”) filed a Limited Civil Commercial UD Complaint against Defendants, Sam Lallani dba Milas Beauty Studio, and DOES 1 through 10. On December 13, 2022, Plaintiffs filed a First Amended Complaint (“FAC”) alleging causes of action for: (1) Breach of Contract, alleging that possession of the rental premises was not longer at issue. Now, Defendant Salim Lallani, ...

Excerpt: ... Documents No. 13 to 16 Tentative Rulings: (1) GRANTED, except as to tax returns which have an independent basis for privilege. Oral argument as to a limited protective order as to the tax returns. I. BACKGROUND A.Factual Plaintiff filed his Complaint on February 11, 2020. Plaintiff filed his Second Amended Complaint on July 28, 2021. Plaintiff alleges the following facts: Plaintiff was a longtime friend and client of an attorney named Richard J....

Excerpt: ...o Compel Further Responses to Requests for Production, Set One. (2) Request for Sanctions Tentative Rulings: (1) Motion to Compel is GRANTED as to inspection only. The Court's tentative ruling is to DENY the request for off-site potentially destructive testing. The Court may need oral argument to address several points as to the 9 categories of requested off-site and potentially destructive testing: (a) have other parties previously performed off...

Excerpt: ...hicle 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) Brach of Contract; (2) Common Count; (3) Claim & Delivery; and (4) Conversion. This action arises out of Plaintiff's claim that Defendant did not abide by her lease agreement. Plaintiff claims that on or about January 27, 2019, Defendant, for valuable consideration, ...

Excerpt: ... Mateev ¿¿ TRIAL DATE: Not Set ¿¿ MOTION:¿ (1) Motion to Transfer¿ (2) CMC ¿ Tentative Ruling: (1) DENIED (2) Set case for Non-Appearance Case Review re status of removed case for March 26, 2024, 8:30 a.m. ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On April 19, 2023, Plaintiff, Frank Roldan, Jr., an individual and minor, through his Guardian Ad Litem Destinee Harrison; Destinee Harrison, and Frank Roldan, Sr. filed a complaint against Def...

Excerpt: ... Tentative Rulings: (1) Motion to Compel Further Responses, Without Objections, to Requests for Production, Set One is CONTINUED to a date to be discussed, after Court-ordered meet-and confer process can occur. The Court provides some parameters to guide the meet and confer process. I. BACKGROUND¿ ¿ A. Factual¿ ¿¿ On May 26, 2023, Plaintiff, Lambe B. Papoulias (“Plaintiff”) filed a Complaint against Defendants, Volkswagen Group of Americ...

Excerpt: ...asonable attorney's fees and costs as noted below. Trial to be re-set at 10:30 a.m. in the last 2 weeks of November ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On July 21, 2021, Donald Christy (“Plaintiff”) filed a Complaint against Miguel A. Garcia (“Defendant”). The Complaint was based on a cause of action for Breach of Promissory Note. On November 19, 2021, Plaintiff filed a First Amended Complaint alleging causes of action for: (1) Breac...

Excerpt: ... of a Permanent Injunction Tentative Rulings: (1) Motion for Contempt Against Defendant, Davide Avedon is GRANTED in part, as the Court will set a hearing on an OSC re contempt. The Court requires additional evidence before it can order Mr. Avedon to be held in contempt. Hearing setting to be discussed (2) Issuance of a Permanent Injunction is DENIED without prejudice to being renewed in the future depending on Mr. Avedon's actions or inactions A...

Excerpt: ...al declaration at the Reply phase of briefing which provided evidence lacking in the original moving papers. Without further briefing or evidence from Plaintiff, the tentative ruling is to ARGUE. The Court finds the arbitration provision to be moderately procedurally unconscionable, but needs oral argument as to substantive unconscionability. While the Plaintiff's discovery rights would be curtailed in a AAA arbitration, Defendant has already pro...

Excerpt: ...ed as to category 5 I. BACKGROUND¿ ¿ A. Factual¿ On November 17, 2020, Plaintiff DRAKK Holdings, LLC (“DRAKK”) filed this action against Defendant, PSIP SN Vermont, LLC (“PSIP”). On September 29, 2021, Plaintiff filed a Second Amended Complaint. On November 30, 2022, Plaintiff filed a Third Amended Complaint (“TAC”)alleging cases of action for: (1) Specific Performance/Express Written Contract; (2) Specific Performance/Promissory E...

Excerpt: ...for Order to Charge Member's Interest in LLC. To date, no opposition has been filed. On September 19, 2023, this Court continued this motion. On October 6, 2023, KH Capital, LLC filed a new Motion for Order to Charge Member's Interest in LLC. ¿II. ANALYSIS¿¿ ¿¿ A. Legal Standard Under Code of Civil Procedure section 708.310: “[i]f a money judgment is rendered against a partner or member but not against the partnership or limited liability ...

Excerpt: ...issues: (A) the potential impact on this belated cross-complaint on the pending dispositive motion now set for a continued hearing on November 1, 2023, and (B) why Matrix waited until October of 2023 to seek leave to cross-complaint against TORC when its ex parte application filed in March of 2023 sought a continuance of TORC's then-pending dispositive motion bearing on the same potential theories of liability raised in the Cross-Complaint I. BAC...

Excerpt: ...r is SUSTAINED as to the strict liability (1 st) cause of action, possibly with leave to amend, and SUSTAINED without leave to amend as to the NIED (3 rd) cause of action. (2) For the CMC, the Court will inquire of Plaintiff's counsel if there are additional defendants yet to be served ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On March 29, 2023, Plaintiff Lauren Hogan and Armando Hogan (collectively “Plaintiffs”) filed a Complaint agai...

Excerpt: ...gs: (1) T-Mobile's Demurrer is OVERRULED in part and SUSTAINED as to the 3rd cause of action for private nuisance. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On May 2, 2023, Plaintiffs, Aurea Property Investment, LLC and Ace Sushi Franchise Corporation filed a Complaint against Defendants, SBA Site Management, LLC, Betacom Incorporated, Mastec Network Solutions, LLC, Vantage Telecom Company, T-Mobile USA Tower, and DOES 1 through 100. On Au...

Excerpt: ...ke DENIED. ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On April 7, 2023, Plaintiff, Francisco Reyes (“Plaintiff”) filed a Complaint against Defendant, General Motors (“GM”). On July 17, 2023, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of actions 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 the Implied Warranty o...

Excerpt: ...gs: (1) GRANTED. Plaintiff is ordered to file the FAC as a stand-alone document within 5 court days. (2) CMC set for 11/2/23 is continued on the Court's own motion to February 6, 2024 at 8:30 a.m. ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On May 4, 2023, Plaintiff, Rosemary Pineau (“Plaintiff”) filed a Complaint against Defendants, Centinela Hospital Medical Center, Wai Tan Di, M.D.., Steven L. Scott, PA.C. and DOES 1 throu...

Excerpt: ...cept dental malpractice and granted as to punitive damages 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 Rootvision Endo, and DOES 1 through 10. On October 26, 2021, Pla...

Excerpt: ...lly Poz and Ester Poz (collectively "Plaintiffs") filed a Complaint agamst Defendant, Continental Funeral Home (Hawthorne), Incu and DOES 1 through 100. The Complaint alleges causes of action for: (1) Breach of Contract; and (2) Negligent Infliction of Emotional Distress. On July 17, 2023, Defendant filed an answer. On September 7, 2023, Defendant filed its Motion for Leave to file a First Amended Answer to add a defense of an arbitration agreeme...

Excerpt: ...s SUSTAINED without leave to amend. (2) Defendants' Motion to Strike is MOOTED ¿¿ ¿ 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 through 10. On June 16, 2023, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action for: (1) Violation of the Song-Beverly Consumer Warranty Act – Breach...

Excerpt: ...ngs: (1) Motion for Summary Judgment is DENIED. I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On February 9, 2021, Plaintiffs, Estate of Manuel Villalpando, Fibiola Xiomara Nava Villalpando, and Aimee Villalpando (collectively, “Plaintiffs”) filed a Complaint against Defendant, Yama Seiki USA, Inc. (“Defendant”), and DOES 1 through 50. On September 20, 2021, Plaintiffs filed a First Amended Complaint (“FAC”) alleging causes of action for...

Excerpt: ...n part. I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On July 28, 2022, Plaintiff, John Doe J.Y. (“Plaintiff”) filed a Complaint against Defendants, Doe #1, a public entity. The Complaint alleges personal injuries and damages from Childhood Sexual Abuse. Plaintiff alleges that Defendant's former employee, and now deceased, Catherine Schindler (“Schindler”), abused Plaintiff while Plaintiff was a student in Defendant's school district. Defend...

Excerpt: ...fendants' Demurrer is SUSTAINED with 20 days leave to amend ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On February 14, 2023, Plaintiff, Inglewood Church of Christ, filed a Complaint against Defendants Zeeba Vans Company, Inc., dba Zeeba Vans, Kayvon Marashi, and Michael Paletz, and DOES 1 through 10 (collectively “Defendants”). On July 12, 2023, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action for: (1) Bre...

Excerpt: ...eek assistance or representation of a licensed attorney to enable him to amend his lawsuit in conformity with the law and procedural rules in the civil courts. I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On June 29, 2023, Louis A. Sparks (“Plaintiff”) filed a complaint against Defendants, Willie Bell, Maura Bell, Maura Sparks, Earl L Coats, Davita Dialysis, Robert Sparks, Lois Sparks, Dennis Sparks, Wesslyn L. Hamilton, Edward E. Sarks. Matrae L...

Excerpt: ...ontinued to Friday, October 6, 2023 at 9:00 a.m. Defense counsel is ordered to re-submit by October 4, 2023 the Separate Statement deleting the “Statement of Insufficiency” and “Reason Why No Further Response is Necessary” sections from the 923- page document submitted to the Court on September 18, 2023. The purpose of a Separate Statement in a discovery motion is to make it easier, not harder, for the Court to rule on specific interrogat...

Excerpt: ...ANTED. Discuss leave to amend. I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On February 22, 2023, Plaintiff, Salvador 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. Defendant, American Honda Motor Co., Inc. now files a Motio...

Excerpt: ...series of questions the Court has raised below ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On June 9, 2022, Plaintiff, Ivan Villarreal (“Plaintiff”) filed a Complaint against Defendant, Ford Motor Company, and DOES 1 through 50. The Complaint allegs 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 �...

Excerpt: ...r Letters Rogatory to New Zealand High Court to Issue Subpoena for Helicopter Inspection is GRANTED. California-based counsel and experts ought to have easier access to inspect, test, measure and analyze the damaged parts in California. The Court will inquire of counsel as to steps intended to be taken to secure the components and ensure access in the US to all parties. (2) Defendants Robinson Helicopter Company's and Weldon Pump, LLC's Motion to...

Excerpt: ...el Further Responses to Demand for Discovery and Production, Set One (3) Request for Sanctions Tentative Rulings: (1) Plaintiffs' Motion to Compel Further Responses to Form Interrogatories, Set One is MOOTED (2) Plaintiffs' Motion to Compel Further Responses to Demand for Discovery and Production, Set One is GRANTED IN PART AND DENIED IN PART (3) Request for Sanctions is GRANTED for $750, payable within 30 days ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿�...

Excerpt: ...Respond to Requests for Production, Set One (2) Motion to Compel Plaintiff to Respond to Form Interrogatories, Set One, and Special Interrogatories, Set One ¿¿ ¿ Tentative Rulings: (1) Motion to Compel RFPs is GRANTED. Monetary sanctions awarded as well, payable by Plaintiff's counsel to defense counsel within 30 days. (2) Motion to Compel SROGs and FROGs is GRANTED. Ditto for the monetary sanctions. ¿¿¿ I. BACKGROUND¿¿¿¿ ¿¿¿¿ A. Fa...

Excerpt: ...e Rulings: (1) CONTINUE hearing on Motion for Contempt (2) Trial date is vacated pending Motion by Plaintiffs' counsel to Withdraw or Proof that Plaintiffs have re-established contact with their counsel of record I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On August 28, 2020, Plaintiff, Earl Brown and Shonte Powers (collectively “Plaintiffs”) filed a Complaint against Mercedes-Benz USA, LLC, and DOES 1 through 10. The Complaint alleges...

Excerpt: ... is OVERRULED. Defendant's Answer is due withing 20 days to the three remaining causes of action, absent stipulation of the parties otherwise (2) Motion to Strike is GRANTED as to the third, fourth, sixth through ninth causes action and as to the addition of a new named party not named as a Doe defendant without having obtained prior leave of court of stipulation of opposing counsel. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On March 1, 2021,...

Excerpt: ... 13, 2024 ¿¿ MOTION:¿ Motion for Terminating Sanctions ¿ Tentative Rulings: (1) Motion for Terminating Sanctions is CONTINUED to October 12, 2023, at 8:30 a.m. in Dept. 8. The Court orders defense counsel to serve Plaintiff with Notice of this tentative ruling, with its WARNING TO PLAINTIFF that the Court will dismiss the lawsuit as a sanction for his failure to comply with the July 12, 2023 order of this Court that Plaintiff provide verified...

Excerpt: ...¿¿ ¿¿ A. Factual¿¿ On December 13, 2022, Plaintiff David A. Ortiz (“Plaintiff”) filed this action against Defendant General Motors LLC (“Defendant”) and Does 1 to 10. This action arises out of Plaintiff's purchase of a 2018 Cadillac CTS-V with an express written warranty from Defendant. B. ¿ Procedural On March 8, 2023, Plaintiff filed its first amended complaint, alleging causes of action for: (1) Violation of Song Beverly Act—B...

Excerpt: ... unexcused failure to comply with a Court order compelling discovery, including his failure to appear for and attend his deposition as ordered July 5, 2023 (2) Plaintiffs' Motion for Order of Contempt is Denied in light of the Court's granting of the other motion, but without prejudice to being renewed depending on future developments. ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ This action involves a self-represented defendant, ...

Excerpt: ...onses to Requests for Production of Documents, Set One is GRANTED (2) Request for Sanctions is GRANTED in the lowered amount of $1,000, payable within 30 days I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On August 2, 2023, Plaintiff, Evelyn J. Ko (“Plaintiff”) filed a Complaint for unlawful detainer against Luke Koster Visser, et al. Defendant, Luke Visser, notes that on August 14, 2023, he propounded discovery to Plaintiff, and that th...

Excerpt: ...rman Scandrick ¿¿ TRIAL DATE: None Set. ¿¿ MOTION:¿ (1) Demurrer¿ (2) Motion to Strike ¿ Tentative Rulings: (1) Defendant's Demurrer is Continued (2) Defendant's Motion to Strike is continued. ¿I. CONTINUANCE DISCUSSION As a preliminary matter, Defendants have violated California Rule of Court 3.1113 (d). “Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages.” (CRC 3.1113...

Excerpt: ...s Motion to Strike is denied ¿¿ The Court has previously overruled the demurrer and denied the motion to strike as to the Second Cause of Action from the second amended complaint. While there are new allegations the Third Amended Complaint (TAC) added to the second cause of action, those new allegations do not create pleading defects subject to demurrer or motion to strike. As to the first cause of action for breach of contract, paragraph 9 of ...

Excerpt: ...e second cause of action. Leave to amend to be discussed 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. After the Court sustained the City's Demurrer to the original Complaint, on July 17, 2023, Plaintiff filed a Second Amended...

Excerpt: ...g exhibits from the declaration ISO the motion ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ This action for breach of contract, negligence, trespass and nuisance was field by Mahmoud Awad against Legion Builders, Inc. and Oscar Davila. The suit essentially alleged unpaid rent arising from a commercial landlord-tenant relationship. No unlawful detainer action was filed because Defendants allegedly vacated, but the amount of unpaid rent....

Excerpt: ...urt requests oral argument as to any precedents regarding a triable issue of fact arising from the length of time an employer delays in disciplining an employee for on the job misconduct, or the effect of a claimed inadequate investigation before the employer discipline the employee who is alleged to have engaged in the misconduct. Further, the Court seek argument or further briefing as to the effect of a law enforcement refusal to provide inform...

Excerpt: ... Further Monetary Sanctions (2) Trial Setting Conference (3) Settlement Conference Scheduling Tentative Rulings: (1) Motion for Terminating and Evidence Sanctions is denied, but Grant $1,00 in further monetary sanctions in addition to the $1,420 past due amount. (2) The Court will discuss its trial calendar with counsel and attempt to find a suitable date in the fourth quarter of 2024 (3) The Court will discuss re-setting an MSC with counsel I. B...