Excerpt: ...eave to File Late Claim Tentative Rulings: (1) GRANTED. The June 7, 2023 Order granting Plaintiff relief from the late claim in Case No. 22TRCP00420 is deemed to be not enforceable against City of Hawthorne in this action because they had no Due Process notice and opportunity to be heard as to that application. Accordingly, if Plaintiff seeks relief from the City's denial of the late claim it will need to bring a new application in this action (o...

Excerpt: ...ed on the continued trial date. I. BACKGROUND¿ ¿ A. Factual¿ ¿¿ On May 18, 2021, Plaintiff, MCool dba Indiemodal Trucking (“Plaintiff”) filed a complaint against Lever Logistics, LLC (“Defendant”), and DOES 1 through 10. On September 17, 2021, Plaintiff filed its First Amended Complaint (“FAC”) alleging causes of action for: (1) Breach of Contract; (2) Open Book Account; (3) Account Stated; and (4) Reasonable Value. Defendants al...

Excerpt: ...arch, 2023 at the hearing on this unopposed motion ¿¿ I. BACKGROUND This case is a wrongful death action by Plaintiff Manuela Sahagun, successor in Interest of Manuela Rodriguez (“Plaintiff”) against Defendant Long Beach Unified School District (LBUSD”), and DOES 1 through 10. On November 4, 2022, Plaintiff filed a motion for trial preference pursuant to Code of Civil Procedure section 36 subdivision (b). To date, no opposition has been f...

Excerpt: ... 1045 (2) Motion to Direct the City of Los Alamitos to Produce Documents Relating to Eddie Gonzalez Pursuant to California Evidence Code Sections 1043 and 1045 (3) Further hearing as to the Motion to direct LBUSD to produce the peace officer personnel records Tentative Rulings: (1), (2) ARGUE. The Court will take oral argument as to whether Officer Gonzalez' personnel file from Los Alamitos or Sierra Madre meets the “materiality” standard for...

Excerpt: ...No One Against Defendant 1900 PHC, LLC (2) Motion to Compel Verified Further Responses, Without Objections, to Requests for Production of Documents, Set No. One against Defendant 1900 PHC, LLC (3) Motion to Compel Further Responses, Without Objections, to Form Interrogatories, Set No. One, Against Defendant Roth Management Group, LLC ¿ Tentative Rulings: (1) Motion to Compel Further Responses Without Objections to Form Interrogatories, Set No On...

Excerpt: ...s as to the parties' agreement to 5-year lease as reflected in exchange of emails, Reto's payment of changed rental amount and Weber Way's acceptance of the changed rental amount demonstrating part performance of the new 5-year lease that was memorialized in an exchange of writings between the parties ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On June 15, 2020, Plaintiff, Weber Way LJM, LLC (“Plaintiff”) filed a complaint against Defendant, ...

Excerpt: ...g to Eddie Gonzalez Pursuant to California Evidence Code Sections 1043 and 1045 Tentative Rulings: (1) Grant in Part. The Court will conduct an in camera review with the LBUSD's custodian of records and a court reporter to determine which if any of the requested documents meet the standards for disclosure. The Court requests argument on the timing of the in camera review, whether a representative of the officer can be present, and whether a prote...

Excerpt: ...emurrer is SUSTAINED as to the product liability allegations with leave to amend. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On June 6, 2022, Plaintiff, Romualdo Quintal III, a minor, by his Guardian Ad Litem, Socorro Cisneros (“Plaintiff”) filed a complaint against Defendants, Big 5 Sporting Goods Corporation and Chi Hsin Impex, Inc. for: (1) General Negligence; (2) Products Liability; and (3) Premises Liability. This action is based o...

Excerpt: ...GROUND¿¿ ¿¿ A. Factual¿¿ ¿ On July 15, 2022, Plaintiff, Kyle E. Rapone (“Plaintiff”) filed this case against Defendants, Carmen H. Imaicela, Carmen Imaicela as Trustee of the Carmen H. Imaicela Living Trust, Karen Y. Castillo, David Sarinana, Sarinana, Inc., Trevor Schneeberger, Douglas Elliman of California, Inc., and DOES 1 through 25 alleging causes of action for: (1) Non-Disclosure of Material Facts; (2) Fraud- Intentional Misrepre...

Excerpt: ...for Admission Admitted (2) Request for Sanctions ¿ ¿ Tentative Rulings: (1) Plaintiff's Motions to Compel responses are GRANTED. (2) Plaintiff's Motion to Deem Requests for Admissions as Admitted is GRANTED. (3) Plaintiff's Request for Sanctions is GRANTED in the amount of $1,500. ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On June 21, 2021, Plaintiff, Dyck-O'Neal, Inc. (“Plaintiff”) brought this action against Defendant, E...

Excerpt: ...otion for Preliminary Approval of Class Action and PAGA Settlement ¿ ¿ Tentative Rulings: (1) Defendant's Motion for Preliminary Approval to Strike is GRANTED. However, the Court request that class counsel assist in locating the proposed class notice at the hearing, such as by screen sharing or by transmitting the same through the Court's exhibit portal at [email protected]. ¿¿ ¿ I. BACKGROUNG On July 12, 2021, Plaintiff, Roberto Rivera (...

Excerpt: ...r¿ ¿ Tentative Rulings: (1) Defendant Demurrer is DENIED¿ ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On May 26, 2022, Plaintiff, Christina Marie New (“Plaintiff”) filed this action against Defendants, Providence Health System – Southern California dba Providence Little Company of Mary Medical Center, Torrance, Mia Je Naee Sanders, and Does 1 through 100. Plaintiff alleged the following causes of action: (1) Medical Battery; (2) Int...

Excerpt: ...ment or, in the Alternative, Summary Adjudication (2) Implicit application for substantive amendment to first cause of action for nuisance, labeled a proposed “Amendment to Complaint” ¿ ¿ Tentative Rulings: (1) Motion for Summary Adjudication is GRANTED as to the 2 nd and 3rd causes of action for breach of contract, but DENIED full MSJ and DENIED MSA as to the 1st cause of action for private nuisance (2) Granted on certain conditions ¿¿ �...

Excerpt: ...otion to Compel Respondent/Defendant City of Redondo Beach to Provide Further Responses to Requests for Production of Documents, Set One ¿¿ Tentative Rulings: (1) Grant in Part. Sanctions are denied. ¿¿ ¿¿ 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 ...

Excerpt: ...stina Seals (“Plaintiff”) filed a Complaint against Wal-Mart Associates, Inc., and DOES 1 through 50 for the following causes of action: (1) Discrimination on the Basis of Race; (2) Harassment on the Basis of Race; (3) Retaliation for opposing Discrimination and Harassment on the Basis of Race; (4) Failure to Prevent Discrimination, Harassment, and Retaliation; (5) Violation of the California Family Rights Act; (6) Interference with Exercise ...

Excerpt: ...rer is sustained without leave to amend as to the FEHA causes of action, i.e., the 1 st, 2 nd, 3 rd, 4 th, and 6 th causes of action, and sustained with leave to amend as to the 5 th and 7 th causes of action if Plaintiff's counsel represents that a timely Government Code tort claim was filed but was mistakenly not alleged. (2) Defendant's Motion to Strike is mooted by the Court's sustaining of the Demurrer (3) RFJN is granted as to the 3 DFEH do...

Excerpt: ...e., that “the District's administrators had a duty to use reasonable measures to protect Doe from foreseeable injury caused by Farr's intentional conduct.” (Doe v. Lawndale Elementary School Dist. (2021) 72 Cal.App.5th 113, 126.) The California Supreme Court previously held that “the duty of care owed by school personnel includes the duty to use reasonable measures to protect students from foreseeable injury at the hands of third parties ac...

Excerpt: ...idual defendant Leahy. (2) Demurrer is mooted by granting of motion to quash I. BACKGROUND¿ ¿ A. Factual¿ ¿¿ On August 3, 2021, Plaintiff, Hotel Emporium, Inc. (“Plaintiff”) filed a Complaint against American Hotel Register Company (“American”), Linda Leahy, Angela Korompilas, and DOES 1 through 20. The Complaint alleges the following causes of action: (1) Breach of Oral Contract; (2) Unjust Enrichment; (3) Goods Sold and Delivered; ...

Excerpt: ...rrer (3) Granted I. BACKGROUND¿ It is readily apparent from the demurrer, motion and briefs before the Court that counsel for the opposing parties are familiar with each other from other litigation involving disability access discrimination. At the outset, then, the Court will advise both sides that it has tried several such cases, including ones involving construction-related architectural barriers, and including two filed by high- frequency li...

Excerpt: ...ions ¿ Tentative Rulings: (1) Plaintiffs' Motion to Compel Responses to Questions at Deposition is GRANTED, but defendant is given the option of a brief follow-up deposition or giving a verified statement attesting to the name and contact information of the accountant. (2) Plaintiffs' Request and Defendant's cross-request for Sanctions are Denied ¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ This action is for wages unpaid to the resident man...

Excerpt: ... Leave to File a Cross-Complaint is GRANTED; (2) To the extent the responding parties on this motion deem it proper to file a motion to compel arbitration, to disqualify counsel, or to refer any matters to the State Bar for claimed ethics violations, those issues are not ripe for the Court to consider at this time ¿¿ I. BACKGROUND¿ ¿ A. Factual¿ On July 23, 2020, Plaintiff Bergamon, Inc. (“Plaintiff”) filed the instant action against Def...

Excerpt: ...that resulted in the death of Plaintiff Jesse Franklin Esphorst's son. At the time of the underlying incident, Ming was the owner of real property located at 3805 Palos Verdes Drive, in Rolling Hills Estates, California (hereinafter “Subject Property”). The property was purchased in 2016 for $3,080,000. In 2020, in the time period between Ming's criminal conviction and sentencing, the subject property was sold to Defendant Teddyland LLC for a...

Excerpt: ...ntative Rulings: (1) Defendant Malhotra's Demurrer is SUSTAINED. The Court will take argument as to whether Plaintiffs' counsel believes an amendment could cure the statute of limitations issue given the fact that the self- represented plaintiffs neglected to include Doe allegations and a basis for later naming Dr. Malhotra as a Doe Defendant until after the one- year statute had run (2) the RFJN is granted as to items 1-4, but is denied as to it...

Excerpt: ... first and fourth causes of action. (The caption of the Cross-Complaint lists a trade libel cause of action but it is apparently subsumed under the first cause of action for defamation.) Cross-Defendant's Demurrer is otherwise OVERRULED. (2) The Court intends to conduct a CMC to gauge an outline of expected discovery and ADR prospects. I. BACKGROUND¿ ¿ On August 16, 2021, Plaintiff DTI Services, Inc. filed a Complaint for: (1) Fraud; (2) Theft ...

Excerpt: ...hort-form good faith settlement application provided insufficient basis for the Court to grant Westwood's application once HH filed an expert declaration in its challenge to the good faith application. Westwood settled for $20k, and per Clinch-on's 11/3/22 short-form application it settled for $30k in the face of a lawsuit seeking over $350k. The Court is concerned that it lacks declarations from all affected parties who are seeking a good faith ...

Excerpt: ..., Zouki for America Corporation, a Delaware Corporation ¿ TRIAL DATE: February 14, 2023 ¿ ¿ MOTION:¿ (1) Defendants' Motion to Compel (“MTC” Further Responses to Special Interrogatories, Set One; and (2) Defendants' MTC Further Responses to Requests for Production of Documents (“RFP”), Set One Tentative Rulings: (1) Defendants' MTC further responses to Special Interrogatories 57 and 58 is DENIED, ON CONDITIONS; and (2) Defendants' MTC...

Excerpt: ...reasons, Plaintiff's Motion to Compel Further Responses is mostly GRANTED as detailed below. (2) The Protective Order sought by both parties will be GRANTED in the form of the Plaintiff's version of the proposed protective order as revised by LMU, and specifically as revised to provide for masking of the true identifies of the students. The Court further orders that LMU shall create a list marked “Confidential” pursuant to the protective orde...

Excerpt: ...ourth Cause of Action for Breach of Oral Contract, Plaintiffs voluntarily dismissed that cause of action from the Complaint. This action arises out of a dispute in which Plaintiffs are asserting a right to a view from the second floor of their home over the property owned by Defendants Clark and Sherry Hsu (“The Hsus”). Plaintiffs, the Hsus and the Wangs are members of the Palos Verdes Homeowner's Association. (“PVHA”). The PVHA and its m...

Excerpt: ...endants' Demurrer is DENIED I. BACKGROUND ¿ ¿ A. Factual ¿ On November 17, 2020, Plaintiff DRAKK Holdings, LLC (“DRAKK”) filed this action against Defendant, PSIP SN Vermont, LLC (“PSIP”). On September 29, 2021, Plaintiff filed a Second Amended Complaint (“SAC”) alleging cases of action for: (1) Specific Performance/Express Written Contract; (2) Specific Performance/Promissory Estoppel; (3) Specific Performance/Breach of Implied Co...

Excerpt: ..., a California professional corporation. RESPONDING PARTY: Plaintiff, Garry Cassidy doing business as Garry Cassidy Construction TRIAL DATE: None set MOTION: (1) Special Motion of Defendants to Strike the Sixth and Seventh Causes of Action in the Second Complaint (2) Request for Judicial Notice Tentative Rulings: (1) Deny based on prong 2 of the 2-step anti-SLAPP analysis. “Lawyers argue for a living. Some do more than argue.” (Falcon Brands,...

Excerpt: ...ration Motion to Expunge Several Lis Pendens, or in the Alternative, Require an Undertaking The Court considered the moving, opposition, and reply papers, including various declarations, exhibits, objections to evidence, and the parties' briefs. TENTATIVE RULING The Court will entertain oral argument as to several points identified below, and then will take the motion under submission. Although the motion has been pending for some time, this case...

Excerpt: ...ground On June 24, 2021, Plaintiff Lennette Johnson filed this action against Defendant Kevin Chambers. The Complaint asserts causes of action for (1) assault; (2) battery; (3) defamation; (4) slander; (5) malicious prosecution; (6) perjury; (7) intentional infliction of emotional distress. On 6/3/22, Mr. Chambers moves pursuant to Code of Civil Procedure section 391 for an order declaring Plaintiff a vexatious litigant and requiring Plaintiff to...

Excerpt: ...RESPONSES TO DFPS, DEEM OBJECTIONS WAIVED, AND REQUEST FOR SANCTIONS 4. MOTION TO DEEM RFAS ADMITTED, DEEM OBJECTIONS WAIVED, AND REQUEST FOR SANCTIONS 5. DEFENDANT'S MOTION FOR RELIEF FROM DEEMED ADMISSIONS AND FROM DEEMED WAIVER OF OBJECTIONS MOVING PARTY: Plaintiff, Iman Peykar (except as to Motion for Relief) RESP. PARTY: Defendant, BMW of North America, LLC (same exception) TENTATIVE RULINGS: 1. Plaintiff's Motion to Compel (MTC) Responses t...

Excerpt: ...ITH LEAVE TO AMEND as to the first cause of action for breach of contract, OVERRULED as to the second c/a for nuisance and third c/a for unfair competition, and SUSTAINED WITHOUT LEAVE TO AMEND as to the fifth cause of action for failure to return security deposit.¿ (2) Set Trial and FSC Dates, discuss ADR options, and secure time estimates from both counsel as to duration of trial and expected completion of discovery ¿ I. BACKGROUND ¿ ¿ A. F...

Excerpt: ...ly within 5 days OPPOSITION: Yes, filed October 11, 2022 REPLY: None filed as of October 24, 2022 I. INTRODUCTION This action arises out of a residential eviction or unlawful detainer (UD) case based on non-payment of rent. On September 26, 2022, Plaintiff filed a Complaint against Defendants. On October 7, 2022, Defendants filed this motion to strike Plaintiff's Complaint in its entirety, indicating a hearing date of November 9, 2022. On October...

Excerpt: ... Judgment is GRANTED. Defendant's proposed Answer is deemed filed and served as of October 25, 2022. If both parties are present, the Court also will conduct a Trial Setting Conference. OPPOSITION: None filed as of October 24, 2022 [ ] Late [X] None REPLY: None filed as of October 24, 2022 [ ] Late [X] None ANALYSIS: ¿ Background This is a case involving an unlawful detainer arising from Defendant Miranda Emerson's (“Defendant”) alleged fail...

Excerpt: ...non-jury trial. The Court has posted Courtroom Information including the form of Trial Setting Order it uses for civil trials. The parties should come to the CMC prepared to discuss a trial date, ADR options, a discovery plan, and whether a dispositive motion is contemplated. Background On March 1, 2021 Plaintiffs Donnie Ray Muldrow (“Muldrow”) and Precession Business Consulting (“PBC”), LLC (“Plaintiffs”) filed a Complaint alleging c...

Excerpt: ... by Plaintiff/Cross-Defendant Conjunction Junction LLC (“Cross-Defendant”), with no street address but designated as APN 7572-016-024 (“CJ Parcel”). The second parcel is owned by Defendant/Cross-Complainant Ashley Erin Ellison, as Trustee of The Porter Trust (“Cross-Complainant”) with a street address of 1 Pomegranate Road, Rancho Palos Verdes, California 90275 (“Porter Parcel”). On September 22, 2021, Cross-Defendant commenced th...

Excerpt: ...d by Plaintiff/Cross-Defendant Conjunction Junction LLC (“Cross-Defendant”), with no street address but designated as APN 7572-016-024 (“CJ Parcel”). The second parcel is owned by Defendant/Cross-Complainant Ashley Erin Ellison, as Trustee of The Porter Trust (“Cross-Complainant”) with a street address of 1 Pomegranate Road, Rancho Palos Verdes, California 90275 (“Porter Parcel”). On September 22, 2021, Cross-Defendant commenced t...

Excerpt: ...e to a Sargon hearing and objections to specific questions at trial. If the latter, the Court would be inclined to grant the MIL. Analysis: Plaintiff's Complaint alleges 3 causes of action, the 3rd of which is negligence by the defendant The Terraces HOA. An essential element of any negligence c/a is breach of the relevant standard of care which the Complaint alleges. Plaintiff's MIL argues that Mr. Racobs' opinion as to the HOA standard of care ...

Excerpt: ...uld pursue recovery of its attorney's fees which were many multiples of the monetary damages claimed and proven. Cambria obtained the net monetary recovery and the greater relief in the action on the contract, making it the prevailing party for both attorney's fees and costs. Discussion As noted over two decades ago by the California Supreme Court, “the fee setting inquiry in California ordinarily begins with the ‘lodestar,' i.e., the number ...

Excerpt: ... steps to investigate or otherwise respond to behaviors observed by Ms. Doe's fellow students on school grounds or during school-related after-school programs. The parties should be prepared to argue whether a reasonable jury could draw an inference of the District's constructive knowledge of “grooming” behavior from the other students' testimony combined with Farr's and Plaintiff's testimony, plus Dr. Fraisse's opinion testimony as to the st...

Excerpt: ... Court to act as a “13th Juror” and weigh credibility and inferences. However, here the 13th juror is not convinced that the jury clearly should have reached a different result. 1. “The powers of a trial court in ruling on a motion for new trial are plenary. The California Supreme Court has held that the trial court, in ruling on a motion for new trial, has the power ‘to disbelieve witnesses, reweigh the evidence, and draw reasonable infe...

Excerpt: ...f public policy. The context of the claimed adverse employment decisions is TMMC's enforcement of its determination to mandate that all the Hospital's employees obtain COVID-19 vaccinations. Plaintiffs allege that they sought exemption from the Hospital's vaccination policy due to sincerely held religious beliefs and their religious creed protected by the California Constitution Art. I, §4 and by Government Code § 12940(a), but the Hospital rej...

Excerpt: ...when he was represented by counsel served evasive responses to four sets of written discovery, responses as to which Judge Hill granted motions to compel and ordered payment of monetary sanctions. On 5/5/22, Plaintiff now representing himself served meager but sworn responses to the four sets of discovery. Those meager responses are challenged by Defendant's pending motion for terminating sanctions, discussed more fully below. Also pending is a m...

Excerpt: ...r relief on page 18 line 13. Curiously, the MTS is not joined with a demurrer regarding the sufficiency of the allegations of fact to support a claim for punitive damages. The Court notes at the outset that the FAC alleges 9 causes of action with over 120 separately numbered paragraphs, and that the MTS seeks to address allegations beginning with ¶ 107 on page 15 of the First Amended Complaint. ¶ 107 is contained in the 7 th cause of action und...