Excerpt: ...� MOTION:¿ (1) Demurrer¿ (2) Motion to Strike (3) CMC scheduled for August 8, 2023 ¿ Tentative Rulings: (1) SUSTAINED. Plaintiff should be prepared to argue whether he truthfully can amend to overcome the pleading defects discussed below (2) MOOTED (3) DISCUSS. If the tentative stands, and if Plaintiff cannot amend in good faith, there will be no reason to maintain a CMC on calendar. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On February 28...

Excerpt: ...STAINED. Discuss whether Plaintiff can fairly amend to avoid the inconsistencies between the FAC and its incorporated exhibits, discuss the sham pleading argument raised in the Demurrer, and discuss whether Plaintiff can sufficiently amend to overcome the other pleading defects outlined in the Demurrer I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On November 1, 2022, Plaintiff, Reza Abolahrar (“Plaintiff”) filed a Complaint against Defendants, ...

Excerpt: ...led.) (2) Ocean Recovery, LLC (No Opposition filed.) TRIAL DATE: None set MOTION: (1) Defendants, Scottsdale Indemnity Company, Nationwide Mutual Insurance Company, and Scottsdale Insurance Company's Demurrer to SAC (2) Defendant, Sullivan Curtis Monroe Insurance Services, LLC's Demurrer to SAC, with motion to strike (3) Plaintiff's Ex Parte Application for Leave to File Third Amended Complaint (4) Case Management Conference Tentative Rulings: (1...

Excerpt: ...r Production, Requests for Admission, Special Interrogatories and Form Interrogatories. (2) Defendant Lil' Wave's Motion to Compel Requests for Production, Requests for Admission, Special Interrogatories and Form Interrogatories. (3) Request for Sanctions (4) Demurrer to First Amended Complaint ¿¿ Tentative Rulings: (1) Defendant Dodson's Motion to Compel GRANTED. (2) Defendant Lil' Wave's Motion to Compel GRANTED. (3) Sanctions DENIED without ...

Excerpt: ...¿¿ A. Factual¿¿ On October 20, 2022, Plaintiff, American Express National Bank (“Plaintiff”) filed a Complaint against Defendant, Sandi Love. The Complaint alleges a cause of action for Common Count. Plaintiff now files a Motion for Summary Judgment or in the alternative, Motion for Summary Adjudication. ¿¿ B. Procedural¿¿ On February 27, 2023, Plaintiff filed a Motion for Summary Judgment. To date, no opposition has been filed. Plain...

Excerpt: ...Grant Modification of the SDT as detailed in the last paragraph of this ruling I. BACKGROUND¿ ¿ A. Factual¿ Plaintiff Doe filed this action against Defendants Innovative Fertility Center, Mark J. Rispler (collectively “Defendants”), and Does 1-50 on September 9, 2021. On November 15, 2021, Plaintiff filed a First Amended Complaint (“FAC”) against Defendants alleging the following causes of action: (1) Battery; (2) Sexual Battery; (3) M...

Excerpt: ...ive Rulings: (1) Defendant's Motion to Strike is GRANTED According to the Settlement Agreement, the checks will be mailed by first class mail, but how will the Class Notice be sent? Does counsel have dates to propose for the future hearing and mailings, etc. that are left blank? ¿¿ ¿ I. BACKGROUNG A. Factual On OctoNotice, Plaintiff, Mark Sailas, individually, and on behalf of aggrieved employees pursuant to the PAGA, filed a Complaint against...

Excerpt: ...he Plaintiffs are willing to stipulate to continue the trial. Weighing heavily on the Court on this motion is the fact that the motion is being heard two week before trial in a case that was filed in 2019 I. BACKGROUND¿ A. Factual¿ ¿¿ On August 6, 2019, Plaintiffs filed their Complaint. Plaintiffs' operative First Amended Complaint (“FAC”) was filed on January 5, 2021. Plaintiffs allege the following facts: Plaintiffs' decedent was a pede...

Excerpt: ...tative Rulings: (1) GRANTED. However, the Court will take oral argument from COIT as to the existence and evidence supporting an express contractual indemnity agreement between COIT and Safety-Kleen, and will take argument as to whether COIT participated in the settlement discussions with Plaintiffs that led to Safety-Klee's settlement, i.e., did Plaintiffs make a settlement offer to COIT as well? I. BACKGROUND¿ ¿ A. Factual¿ On February 21, 2...

Excerpt: ...iscuss the requested item 2 of the proposed order, given that the Clerks' office somehow accepted Defendants'' Answer for filing after the default had been entered. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On March 9, 2023, Plaintiff, Claire Tehan Ravizza, individually, and as trustee of The Ravizza Family Trust (“Plaintiff”) filed a Complaint against Defendant, Jorge Sanchez, Gabrielle K. Sanchez, and Does 1 through 20. The Complaint al...

Excerpt: ...ile FAC (2) Motion for Trial Preference ¿ Tentative Rulings: (1) Plaintiff's Motion for Leave to Amend and File FAC is to be ARGUED, especially why the intentional tort allegations were not included in the original pleading (2) Plaintiff's Motion for Trial Preference is GRANTED, with a trial date of November 13, 2023 and an FSC on November 1, 2023. (3) The Court will discuss with counsel a Case Management Order to address the truncated time in w...

Excerpt: ...¿ On February 23, 2023, Plaintiffs, Somaya G. Ishaq and Spectre Holdings, LLC (“Plaintiff”) filed a Complaint against Defendant, Tesla Motors, Inc., and DOES 1 through 10. The Complaint alleges causes of action for: (1) Violation of Civil Code § 1793.2(d); (2) Violation of Civil Code § 1793.2(b); (3) Violation of Civil Code section 1793.2(a)(3); (4) Breach of Express Written Warranty – Civil Code § 1791.2 (a), Section 1794; and (5) Brea...

Excerpt: ...s are limited to the terms of the signed "short-form" mediator settlement agreement. Defendants are to submit a proposed order consistent with this Tentative Ruling unless the Court is persuaded otherwise by oral argument at the hearing . BACKGROUNDé A. Factuali This lawsuit alleging bodily injury and emotional distress damages arises from a long-term tenancy where Plaintiff rented an apartment in Hermosa Beach allegedly owned by Defendant Dorot...

Excerpt: ...the parties in this and the related matter before this Court have filed a variety of motions so that the Court is well acquainted with the two lawsuits and the allegations. Secondarily, the Court is disappointed that what is essentially a pleading motion has been filed many years after suit was filed, as to matters that might well have been addressed by demurrer or by a few specifically targeted contention interrogatories. The opposition papers a...

Excerpt: ...ity to amend as the Opposition raises several issues which are susceptible of amendment if Plaintiff can overcome the claim-presentation defect. (2) Defendants' Motion to Strike is MOOTED. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On March 18, 2021, Plaintiff, Alan Hall (“Plaintiff”) filed a Complaint against Defendant, City of Lawndale (“Defendant”). On February 8, 2022, Plaintiff filed a First Amended Complaint (“FAC”). On Octob...

Excerpt: ...djudication by Defendant JBT (2) MSJ as to individual Defendants Orquiola and Banda ¿ Tentative Ruling: (1) ARGUE. Even though the motion is unopposed, the Court's review of Defendants' evidence may raise a triable issue of fact as to what discipline and suspension policies applied to Plaintiff, and whether he did or did not violate them. While the motion characterizes the FAC as a claim for termination in violation of public policy, the Court r...

Excerpt: ...Tentative Rulings: (1) Plaintiff's Application for Writ of Possession is GRANTED. I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On February 23, 2023, Plaintiff, VW Credit Inc., a corporation dba VW Credit Leasing LTD, filed a Complaint against Defendants Deloria Brendell King aka Deloria B. King aka Deloria King, an individual, Krash Collision LLC, Korman Redd, Sr., aka Korman Redd individually and dba Krash Collision, California Department ...

Excerpt: ...TCV48987 – June 10, 2024 22STCV17938 – Not Set. ¿ MOTION:¿ (1) Motion to Consolidate Tentative Rulings: (1) GRANT in part. The Court in its discretion finds good cause to consolidate the two cases for discovery purposes but not for trial ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ This motion involves two cases. First, Case No. 20STCV48987, Smiley Sean and Ramsey Sean, as surviving heirs of Mark S. Sean, deceased v. Samantha N. Herasme, et al....

Excerpt: ... Discuss which DFP categories remain in dispute (2) GRANT I. BACKGROUND¿ ¿ A. Factual¿ ¿¿ On February 9, 2022, Plaintiff Carlo A. Coppola (“Plaintiff”) filed a complaint against Defendant Luxe H2O, incorporated (“Luxe”) and DOES 1 through 100 for the following causes of action: (1) negligence; (2) breach of contract; and (3) breach of express warranty. This matter involves allegations of construction defects and damages to Plaintiff'...

Excerpt: ...o the deposition; deferred as to the production of documents at deposition. The Court will order Plaintiff's counsel by July 14, 2023 to offer at least three weekdays in the months of July or August when Dr. Lavi can be deposed (2) Monetary sanctions GRANTED in the reduced amount of $2,100, based on plaintiff's counsel's failure to meet and confer in good faith. Sanctions are awarded solely against Mr. McCreary, are expressly discovery sanctions,...

Excerpt: ...ession of Plaintiff's deposition is ordered, with LMU being granted up to five additional hours of questioning, not including breaks or within the day recesses such as for lunch. ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On February 17, 2022, John Doe (“Plaintiff”) filed this action. On March 16, 2022, Plaintiff filed a First Amended Complaint against Defendants, Loyola Marymount University (“LMU”) and Michael Mozilo (�...

Excerpt: ...unt of $322,898.75. If Plaintiffs plan to appeal the fee award, the Court will stay the order to pay pending appeal. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On June 27, 2023, this Court entered Judgment in Defendants' favor. Defendants Clark and Sherry Hsu now file a motion for attorneys' fees as prevailing parties. B. Procedural¿¿ ¿ On June 9, 2023, Defendant Hsu filed a Motion for Attorneys' Fees. On June 22, 2023, Plaintiffs filed ...

Excerpt: ...ainst Mr. Ball Tentative Rulings: (1) GRANTED, and at Plaintiff's option whether the deposition will be conducted in person or remotely (2) GRANTED Monetary sanctions in the amount of $1,500, payable to Plaintiff's counsel on or before August 4, 2023 ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ This action involves a self-represented defendant. Plaintiffs are investors in various businesses allegedly established by Defendant, Mich...

Excerpt: ...ed below. The Court's edits to the May 9, 2023 Amended Judgment were intended to correct an internal inconsistency in the document. If Plaintiff believes the edits need to be corrected in order to reflect the parties' intent, the Court will vacate the May 9 Amended Judgment and await a second amended judgment. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On May 9, 2023, this Court signed off on a proposed Amended Judgment against all Defendants ...

Excerpt: ...anic's Lien and Expunge Notice of Pending Action (3)Defendants, PCL and City's Motion for Attorneys' Fees Tentative Rulings: (1) Demurrer to SAC is SUSTAINED (2) Motion to Remove Mechanic's Lien and Expunge Notice of Pending Action is GRANTED (3) City's Motion for Attorneys' Fees is GRANTED in the amount of $20,000 I. BACKGROUND¿ ¿ A. Factual¿ ¿¿ On October 12, 2022, Plaintiff, Morley Construction Company filed a complaint against PCL Constr...

Excerpt: ...e alternative, Summary Adjudication ¿ Tentative Rulings: (1) ARGUE as to the First, Second, and Third Causes of action, in light of the issues noted by the Court as to the duty to conduct a title search and Plaintiff's actual or constructive notice of the SCE's easement before Plaintiff contracted with Defendant, and GRANTED as to the Fourth cause of action. I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On March 29, 2022, Plaintiff, Onni Contractin...

Excerpt: ...on ¿ Tentative Rulings: (1) DENIED, but the Court will entertain oral argument on specific points identified below. The Court tentatively finds that the First Amended Complaint DOES relate back to the original Complaint because the gravamen of the FAC's allegations against the moving defendant here is the negligent operation and movement of a motor vehicle, and the original complaint alleged negligent operation of a vehicle as a cause of the dec...

Excerpt: ...¿¿ ¿¿ A. Factual¿¿ ¿¿ On January 13, 2022, Plaintiff, State Farm General Insurance Company (“State Farm”) filed a Complaint against Defendant, Kohler Co. (“Kohler”) stating causes of action for: (1) Negligence; (2) Strict Products Liability; and (3) Breach of Implied Warranties. On March 7, 2023, Kohler filed a Cross-Complaint against Cross-Defendants, Al Garcia's Plumbing, Heating, and Air Conditioning, Inc., Ashai Construction &...

Excerpt: ...ent with a 1542 waiver in exchange for a dismissal with prejudice, but the Court cannot enforce a claimed oral agreement (before the mediator rather than before the court) on what appears to be a material term requiring plaintiffto bear responsibility for resolving medical or legal liens. . BACKGROUNDé A. Factuali This lawsuit alleging bodily injury and emotional distress damages arises from a long-term tenancy where Plaintiff rented an apartmen...

Excerpt: ...he parties according to principles of equity as authorized by Code of Civil Procedure § 872.140 to account for court costs and for deferred rulings on applications for contempt for Mr. Kunkel's obstreperous conduct during the litigation. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On February 21, 2020, Judge Deidre Hill entered an Interlocutory Judgment. Pursuant to the Judgement, it was ordered that the subject property be sold, and sale p...

Excerpt: ...l¿¿ ¿ On December 22, 2023, Plaintiff, Ingrid Majorie Lockwood (“Plaintiff”), filed a Complaint against Defendants, City of Gardena, GTrans, LLC, and DOES 1 through 50. On March 20, 2023, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action for: (1) Negligence; (2) Negligent Supervision, Hiring, or Retention; and (3) Discrimination in Violation of the Americans with Disabilities Act. City of Gardena (“City”) ...

Excerpt: ... Gallagher and Co. Insurance Brokers of California, Inc.), and Kathryn Bowen RESPONDING PARTY: Plaintiffs, Keith Feder M.D., and Keith S. Feder, M.D., Inc. ¿¿ TRIAL DATE: None Set. ¿¿ MOTION:¿ (1) Demurrer¿ ¿ Tentative Rulings: (1) Defendant's Demurrer is SUSTAINED with 20 days leave to amend. ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On March 23, 2023, Plaintiffs, Keith Feder, M.D., and Keith S. Feder, M.D., Inc. (“Plaintiffs”) file...

Excerpt: ... against Dimitria Jenkins, and DOES 1 through 10. The Complaint alleges causes of action for: (1) Intentional Infliction of Emotional Distress; (2) Nuisance; (3) Negligence; and (4) Wrongful Eviction. Defendant, Dimitria Jenkins now files a Motion to set aside and vacate both the entry of default entered on September 9, 2022, and the $40,520 judgment entered on December 9, 2022. B. Procedural On May 2, 2023 Defendant Jenkins filed this Motion to ...

Excerpt: ...efendant's Motion to Compel Plaintiff, Marlin Marroquin, to Respond to Request for Production of Documents, Set One (3)Defendant's Motion to Compel Plaintiff, Elsy Rojas, to Respond to Form Interrogatories, Set One (4) Defendant's Motion to Compel Plaintiff, Elsy Rojas, to Respond to Request for Production of Documents, Set One Tentative Rulings: (1), (2), (3), and (4) Continue to August 1, 2023 at 8:30 a.m., Inglewood Dept. 8. That would be thre...

Excerpt: ...ent ¿ Tentative Rulings: (1) Defendant's Demurrer to the “Intentional Tort” cause of action is Sustained, with 20 days leave to amend (2) Defendant's Motion to Strike is mooted by the sustaining of the Demurrer, but counsel should consider Dawes and Taylor in drafting a possible Second Amended Complaint and a possible motion to strike that pleading (3) The CMC is continued to August 29, 2023 at 8:30 a.m. ¿ I. BACKGROUND¿¿ ¿¿ A. Factual�...

Excerpt: ...finds the settlement to be in good faith within the parameters set forth in Tech‐Bilt and its progeny. The Motion to Contest the good faith of the settlement is DENIED, (2) In as much as Mr. Berger has filed this motion on behalf of both PFS and Mr. Arciga, and has indicated his office never filed the required proof of service of the Court's 1/20/23 Order granting Mr. Berger's motion to be relieved as counsel, the Court on its own motion VACATE...

Excerpt: ...st 7, 2023 ¿¿ MOTION:¿ (1) Motion for Summary Judgment, or in the alternative, Summary Adjudication ¿ Tentative Rulings: (1) CONTINUE (2) The Court will consider an oral motion by Plaintiff under Code of Civil Procedure section 473(b) for relief from the mistaken failure to use the required language for declarations to be admissible as if they were affidavits signed before a notary, and a brief continuance of the hearing to allow proper decla...

Excerpt: ...eady on a second amended complaint and defendants previously demurred on statute of limitations grounds. The Demurrer to the fraud claim is overruled ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On August 12, 2021, Plaintiffs filed their Complaint. Plaintiffs allege that Plaintiffs and Defendant entered into a settlement agreement in Case No. YC072026, but Defendant breached the settlement agreement. On July 5, 2022, Plaintiffs filed a First ...

Excerpt: ...finds the settlement to be in good faith within the parameters set forth in Tech‐Bilt and its progeny. The Motion to Contest the good faith of the settlement is DENIED, (2) In as much as Mr. Berger has filed this motion on behalf of both PFS and Mr. Arciga, and has indicated his office never filed the required proof of service of the Court's 1/20/23 Order granting Mr. Berger's motion to be relieved as counsel, the Court on its own motion VACATE...

Excerpt: ...eady on a second amended complaint and defendants previously demurred on statute of limitations grounds. The Demurrer to the fraud claim is overruled ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On August 12, 2021, Plaintiffs filed their Complaint. Plaintiffs allege that Plaintiffs and Defendant entered into a settlement agreement in Case No. YC072026, but Defendant breached the settlement agreement. On July 5, 2022, Plaintiffs filed a First ...

Excerpt: ...require counsel appearing on this hearing to appear BY VIDEO, not by telephone, to discuss the issues noted in this Tentative Ruling during the hearing (2) The Court is setting cases for trial in the Fall of 2024 I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On October 19, 2022, Gail Chelebian (“Plaintiff”) filed a complaint against General Motors LLC (“GM”). On January 12, 2023, Plaintiff filed a First Amended Complaint (“FAC”) ...

Excerpt: ...entative Rulings: (1) Motion for Judgment on the Pleadings is GRANTED, as the Third and Fourth Causes of Action --as currently alleged against Defendant Post -- would be time barred, and the 5 th cause of action fails to state a claim. But the Court will grant 20 days' leave to amend the 3 rd and 4th causes of action based on the “discovery rule” contentions raised in the Opposition brief and to address the Ixchel rule. Plaintiff has abandone...

Excerpt: ...aw requires greater factual specificity when a Lemon Law plaintiff seeks to include a fraud, fraudulent concealment, or 17200 injunction cause of action in a Song-Beverly Act case (2) Defendants' Motion to Strike is MOOTED by the sustaining of the Demurrer ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On March 28, 2023, Plaintiff, Vivianne Jean Cole (“Plaintiff”) filed a Complaint against Subaru of America Inc., Subaru Pacific, and DOES 1 thr...

Excerpt: ...rtificates, WMalt Senes 2007-0k Not Set. (1) Demurrer (1) OVERRULED. On May 26, 2023, Plaintiff U.S. Bank NA Successor Trustee to Bank of America, NA successor in interest to LaSalle Bank NA, as trustee, on Behalf of the Holders of the Washmgton Mutual mortgage Pass-Through Certificates, WMALT senes 2007-0A3 ("Plaintiffs") filed a Complaint against Vili Ioane, John B. Lockhart and Pele L Lockhaft, and DOES 1 through X, inclusive. The Complaint al...

Excerpt: ...D (2) Motion for Attorneys Fees GRANTED in the amount of $24,990.50, and costs of suit totaling Sl,541.50. On March 24, 2022, Plaintiff Financial Services Vehicle Trust by and through its servicer, BMW Financial Services, NA ("Plaintiff) filed this action against Defendant, DOE A ("Defendant") alleging causes of action for: (1) Breach of Contract; (2) Common Count; (3) Claim & Delivery; and (4) Conversion. This action arises out of Plaintiffs cla...

Excerpt: ...of exemption is mooted by the vacating of the default judgment On July 12, 2022, Plaintiff, Angelo Colon filed a Complaint against Dimitria Jenkins, and DOES 1 through 10. The Complaint alleges causes of action for: (1) Intentional Infliction of Emotional Distress; (2) Nuisance; (3) Negligence; and (4) Wrongful Eviction. Defendant, Dimitria Jenkins now files a Motion to set aside and vacate both the entry of default entered on September 9, 2022, ...

Excerpt: ...ts (1) ARGUE On September 7, 2021, Plaintiff filed this action against Defendant for Breach of Contract and Was te. Plamtiff asserts that on April 11, 2022, it propounded a Demand for Inspection to Defendant, seeking 10 categories of duuments. Plaintiff asserts that Defendant served a June 15, 2022 written response verified by Mr. Davidson that it would produce the documents, but did not produce any documents. Plaintiff notes that It advised Defe...

Excerpt: ...session, custody or control" of the two facilities as to which access is being sought Being an mvestor in an LLC that uses the warehouse facility is not sufficient This action involves an self-represented defendant. Plaintiffs are investors in various businesses established by Defendant, Michael Ball ("Defendant) in which Defendant is appointed manager of the investments upon an agreement to provide Plaintiffs With unfettered access to the Busine...

Excerpt: ...c limitations on the scope of the SDT and on use of the MBPD records, and particularly the ability of the parties to enter into a protective order. The Court intends to balance the legitimate discovety interests of the plaintiff and the legitimate privacy interests of the Defendant in a way that shields Defendant from unwarranted dissemination of music compositions that are subject to Non-Disclosure Agreements and tax records privileged from disc...

Excerpt: ...is GRANTED, subject to reimbursement to Ms. Perez of her security deposit plus interest since March 24, 2023 (2) Defendants Motion to Set Aside Judgment is DENIED.L On September 20, 2022, Plaintiff filed a filed a claim for Unlawful Detainer against Defendants, Rachel Merya Perez and Jesse Garza Perez. On January 30, 2023, the parties filed an Unlawful Detainer Stipulation for Judgment Plamtiff filed a Motion to Dismiss, and Plaintiff filed a Mot...