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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ... 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: ... 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: ...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...