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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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, ...