Excerpt: ...ments Demanded Thereby in Response to Demands Nos. 1-12, 15-34 & 37-55, and to Provide Privilege Log. (1) Motion for Order Compelling Verification of Inspection Demand Responses by Defendant Southwest Airlines Co. and To Compel Further Responses and the Production of Documents Demanded Thereby in Response to Demands Nos. 1-12, 15-34 & 37-55, and to Provide Privi ege Log is GRANTED in part and DENIED in part. Plamtiff notes that on August 1, 2022,...

Excerpt: ...ley, Eddie Suber, and DOES 1 through 100. The Complaint alleges causes of action for: (1) Violation of California Civil Code 5 1942.4; (2) Tortious Breach of the Warranty of Habitability; (3) Private Nuisance; (4) Business and Professions Code 5 17200, et seq„ (5) Negligence; (6) Breach of Covenant of Quiet Enjoyment; (7) Intentional Infliction of Emotional Distress; (8) Negligence Per Se; (9) Violation of Consumer Legal Remedies Act California...

Excerpt: ...tension of Time to Respond to Form Interrogatories, Set One. (2) Plaintiffs Motion for Extension of Time to Respond to Special Interrogatories, Set One. (3) Plaintiffs Motion for Extension of Time to Respond to Demand for Production of Documents, Set One. (1) GRANTED. Verified Responses shall be due by June 2, 2023 (2) GRANTED. Verified Responses shall be due by June 2, 2023 (3) GRANTED. Verified Responses and mitial document production shall be ...

Excerpt: ...t is inclined to consider the MTQ Moot as the date set in the SDT appears to have passed before it was served (2) The Court offers itselfto preside over a VSC and/or IDC on June 8, 2023 at 1:30 p.m. if the parties are willing to stipulate to the trial judge acting as a settlement officer On October 21, 2022, Petitioner, Alan Elias ("Petitioner"), filed a Writ of Mandate agamst Respondent, West Coast Laboratories, Inc. ("Respondent' or "WCL".) On ...

Excerpt: ...Motion to Compel Arbitration is DENIED. On February 28, 2023, Plaintiff GoSmart Inc. dba Design Support ("Plaintiff') filed the instant action agamst Defendants Tomaro Custom Homes Inc. Oomaro"), Joe Tedeschi aedeschi"), Knickerbocker & Associates ("Knickerbocker), and DOES 1 through 200. Plaintiffs causes of action include: (1) Breach of Written Contract; (2) Breach of Oral Contract; (3) Quantum Meruit; (4) Unjust Enrichment; (5) Intentional Int...

Excerpt: ...an Iraq, LLC, and Rod Zastrow. Plaintiff, GSO International, Inc. Not Set. (1) Demurrer (2) Motion to Quash (1) Mooted or atleast deferred pending MTQ outcome (2) Grant but the Court will hear argument as to whether leave to amend the Complaint could cure the Plaintiffs failure to overcome specially appearing defendants' evidence On December 30, 2022, Plaintiff, GSO International, Inc. ("Plaintiff') filed a four-count Complaint agamst multiple De...

Excerpt: ...etitioner, Nardiello Law Firm filed a motion petitioning this Court to Confirm an Arbitration Award. There was an imtial hearing on this motion on March 14, 2023, where the Court posted a written tentative ruling. Give that defendant is self represented litigant who states he has little if any experience with litigation matters, the Court continued the hearing and set a briefing schedule so Defendant could file any opposing briefs or evidence he ...

Excerpt: ...counsel to represent him in this area as the laws pertaining to these type of claims are detailed and technical, even for lawyers. The Demurrers brief outlines some of the procedural steps that a plaintiff in a child sexual assault case who is now over 40 years of age must follow, and that the self-represented plaintiff here did not follow On December 20, 2022, Plaintiff, Carlos Mestanza ("Plaintiff) filed a complaint agamst Defendant ("Roman Cat...

Excerpt: ...„ an individual; and DOES 1 through 20 Plaintiff, Zouki for America Corporation, a Delaware Corporation. August 7, 2023 (1) Motion to Compel Plaintiff to Produce Native Accounting Documents (1) Motion to Compel Plaintiff to Produce Native Accounting Documents is GRANTED. A verified written response per CCP S 2031.230 is required attesting to the Plaintiffs inability to comply and why. If such a verification is given, Plaintiff should produce th...

Excerpt: ...er Responses to Request for Admission, Set One. (1) Motion for an Order to Compel Plaintiff to Provide Further Responses to Requests for Admission, Set One is mostly DENIED but partly GRANTED. Monetaty sanctions are denied On September 30, 2022, Defendant PWC Enterprises Inc. dba Southeastern Filtration & Equipment Systems ("PWC") notes that It served Plaintiff Requests for Admission, Set One. PWC notes the responses were due on November 1, 2022....

Excerpt: ...ULED but SUSTAINED in part if the parties have not reached the settlement discussed With the Court on May 8, 2023 (2) Defendants Motion to Strike is DENIED (3) CONTINUE On October 17, 2022, Plaintiff, Hillcrest Ventures, LLC ("Plaintiff) filed a Complaint against Defendants, Beverly Hills Glass, Inc, Richard Jastrow, and DOES 1 through 50. The Complaint alleges causes of action for: (1) Breach of Oral and Implied In Fact Contract; (2) Breach of t...

Excerpt: ...and Plaintiff Rafael Torres filed First Amended Complaint ("FAC") against defendants Technion Contractors TCI, Inc. ("TCI"), Suttles Plumbing, Inc. ("Suttles"), and Does 1 through 50, alleging one cause of action for negligence arising out of a construction project for the Los Angeles Unified School District at Paseo Del Rey Elementary School in Playa Del Rey (the "Property"). Defendants were alleged to be negligent in the construction of the gas...

Excerpt: ...D. The deposition wnll go forvvard without regard to when a Second Amended Complaint is filed. On February 5, 2021, Plaintiff Aries Global Logistics, Inc. ("Plaintiff') filed a Complaint against Defendant Valley of the Sun Cosmetics, LLC, and DOES 1 through 50. Plaintiff subsequently DOE'd in Defendants, Ajmal Shehzad and Sofia Shehzad. On September 20, 2022, Plaintiff filed a First Amended Complaint alleging causes of action for: (1) Breach of W...

Excerpt: ...SBs, but the Court can take judicial notice that TSBs are given to NHTSAwhichin turn makes them publicly available. Complaint 1 125 and 126 alleges that "none of this information was available to the public" and that GM "had exclusive knowledge of the defect" and actively concealed information from the public. The Court's tentative is that Plaintiff needs to make further allegations as to GM's failure to disclose what are normally publicly availa...

Excerpt: ...ation or prosecution, with the police file contents being subject to a document preservation order. In the Courts view, the SDT is overly broad, particularly given the lack of a bona fide meet and confer process and given the representations of defense counsel concerning inadvertent or intentional dissemination of the police reports contents previously. Alternatively, an in camera review of the contents of the investigative files might facilitate...

Excerpt: ...dants, Thomas Blackburn and LYFT, Inc. Since then, Defendant, Thomas Blackburn has been dismissed. The Complaint alleges causes of action for (1) Motor Vehicle Negligence; and (2) General Negligence. Plaintiff alleges that on February 11, 2021, she was a passenger in a vehicle driven by a ride-share driver connected to Defendant Lyft when that vehicle was involved in a collision at "Highway 183 at Austin- Bergstrom Intl airport." (Requestfor Judi...

Excerpt: ... Agreement, but if Defendants seek to enforce an unsigned long-form agreement, ARGUE that motion. Defendant has informed the Court that on August 5, 2022, all parties participated in a mediation before Mediator Daniel Quinn. While the case did not resolve at that time, Mr. Quinn continued to facilitate settlement discussions. As a result of which the parties agreed to resolve this matter for $200,000 as follows: Defendant Dorothy Kovich Klein, th...

Excerpt: ...a stand-alone document forthwith after reserving a hearing date through CRS. As a condition of granting the motion, the Court orders Ms. Bao to reimburse Plaintiffs counsel for the costs of the default application, fixed by the Court at S500. The payment by Ms. Bao or her counsel must be made on or before May 31, 2023. On February 1, 2022, Plaintiffs, LAT Group, Inc. and Qiandal Zhao ("Plaintiffs") filed a Complaint agamst Defendants, Manhong Zha...

Excerpt: ...ature recogrized that intervening changes in the law may render an earlier decision erroneous, "[i]f a court at anytime determines that there has been a change of law that warrants it to reconsider a prior order it entered, it may do so on its own motion." (Code Civ. Proc., S 1008(c).) . RECONSIDERATION IS GRANTED ON THE COURT'S OWN MOTION, conditioned on Plaintiff reimbursing Defendant for Defendant's payment any of any arbitration office fee. O...

Excerpt: ...Rambla Pacifico in Malibu, California 90265 (the "Property'). Since the Property is in a brush fire zone, Plamtiffs only option for fire insurance was to purchase it from California Fair Plan ("CFP"), California's fire insurer of last resort Besides purchasing a policy from CFP to insure the Property against the peril of fire (the "CFP Policy"), Plaintiff also purchased a supplemental homeowners' policy from Farmers Insurance Exchange ("Farmers")...

Excerpt: ...e of the percent of the class objectmg and how many members of the class were given notice (13 or some other number) and what percentage responded Plamtiff Ulysses A Rivas ("Plaintiff) seeks preliminary approval of the proposed class action settlement, which Defendant City of Manhattan Beach ("Defendant) do not oppose. Subject to court approval, Plaintiff and Defendant have agreed to settle Plaintiffs and the proposed Class Members' claims agains...

Excerpt: ...hould be permitted. Plaintiffs counsel will need to discuss what a proposed amendment would entail (2) Motion to Strike is mooted by the sustaming of the Demurrer (3) The CMC wall be re-scheduled if leave to amend the Complaint is granted On November 9, 2022, Plaintiff, Luis Hernandez, Jr. ("Plaintiff') filed a complaint against Defendant, Del Amo Motorsports ("Defendant"), and DOES 1 through 50. The Complaint alleges causes of action for: (1) Ne...

Excerpt: ...æANTED. 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 alleging causes of action for: (1) Breach of Contract; (2) Common Count; (3) Claim & Delivery, and (4) Conversion. This action arises out of Plaintiffs claim that Defendant did not abide by her lease agreement with South Bay BMW for the use of certain personal propert...

Excerpt: ...sical Therapy Plaintiff Erica H. Leventhal July 7, 2023 (1) Defendant, Jamie Lu Dominguez's Demurrer (2) Defendant, Jamie Lu Dominguez's Motion to Strike (3) Defendants, Heather Seyfett, PT, and Physiotherapy Associates, Inc. dba Select Physical Therapy Demurrer (4) Seyferts Motion to Strike (1) SUSTAINED, with 20 days leave to amend (2) MOOTED by the sustaming of the intentional tort cause of action on which the pumtive damages allegations are p...

Excerpt: ...ns for fraudulent concealment and SUSTAINED without leave to amend as to the first cause of action for battety and the third cause of action for MED. (2) Defendants Motion to Strike is DENIED. On August 7, 2019, Plaintiff first filed a complaint in this case. On lune 7, 2022, Plaintiff Jessica Zazueta ("Plaintiff') filed her First Amended Complaint ("PAC") against Defendants, Wyndham Worldw•lde Corporation; Wyndham Destinations, Inc.; Wingate b...

Excerpt: ...and DENIED in part ARGUE as to the inclusion of Mr. Collins as a defendant in the conversion cause of action. 30 days' leave to amend is granted as to most of the sustained claims, without leave to amend as to the labeled "possession of personal property" and "claim and delivery" claims that are not viable causes of action but instead are remedies. (2) Defendants Motion to Strike is mooted by the sustaining of the fraud cause of action with leave...

Excerpt: ... proceeds were promptly dissipated in the Spring of 2020 to place the moneys out of the reach of creditors On March 1, 2021, Plaintiffs, Jesse Franklin Esphorst an individual, and as successor-in-interest to The Estate of Jesse Eric Esphorst, deceased (Plaintiff) filed this action against Defendants, Tung Ming, Kwan Cheung, Teddyland, LLC, and DOES 1 through 50. This case is the more recently filed oft•vvo related matters, this one involving cl...

Excerpt: ...imited Partnership ("Plaintiff') filed a verified complaint against Pacific Point Fund I, LP ("Defendant") and DOES 1 through 10. The verified complaint alleged a cause of action for promissory estoppel. This cause of action is based on the followmg facts: In September 2020, Borrower LOANCO allegedly took out a business-purpose loan for $1,360,000 from Defendant PPF as first lien secured by the Property. In December 2020, Borrower LOANCO apparent...

Excerpt: ...r Responses to Special Interrogatories, Set One (1) Defendants Motion to Compel Further Responses to Requests for Production, Set One is DENIED (2) Defendants Motion to Compel Special Interrogatories, Set One is GRANTED in part, DENIED in part (3) The motions for monetary sanction are denied On August 6, 2019, Plaintiffs filed their Complaint Plaintiffs' operative First Amended Complaint ("FAC") was filed on January 5, 2021. Plaintiffs allege the...

Excerpt: ...he PAC is due in 20 days On February 5, 2021, Plaintiff Aries Global Logistics, Inc. ("Plaintiff') filed a Complaint against Defendant, Valley of the Sun Cosmetics, LLC, and DOES 1 through 50. Plaintiff subsequently DOE'd in Defendants, Ajmal Shehzad and Sofia Shehzad. On September 20, 2022, Plaintiff filed a First Amended Complaint alleging causes of action for: (1) Breach of Written Contract; (2) Declaratoty Relief; (3) Injunctive Relief; (4) B...

Excerpt: ...ooted by the belated service of supplemental responses to the RFA's? If so, the motion to compel will be mooted but the monetary sanctions of $750 are payable within 30 days. Ifnot the motion will be granted. 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 pedestrian operating a wheelchair who w...

Excerpt: ... the Court can take judicial notice that TSBs are given to NHTSA which in turn makes them publicly available. Complaint 126 and 127 alleges that "none ofthis information was available to the public" and that GM 'had exclusive knowledge of the defect" and actively concealed information from the public The Court will entertam argument as to whether Plaintiff needs to make further allegations as to GM's failure to disclose TSBs to NHTSA and whether ...

Excerpt: ...PT, Inc. Since then, Defendant, Thomas Blackburn has been dismissed. Complaint alleges causes of action for: (1) Motor Vehicle Negligence; and (2) General Negligence. Plaintiff alleges that on February 11, 2021, she was a passenger in a vehicle driven by Defendant when it was involved in a collision at "Highway 183 at Austin-Bergstrom Intl airport." (Request for Judicial Notice, ("RIN"), Exhibit ("Ex.") 1, (Complaint), pp. 4-5.) Notably, Plaintif...

Excerpt: ...CMC and conduct it immediately after the Demurrer hearing On December 1, 2023, Plaintiffs, Sergio Hernandez and Oscar Enriquez filed an unverified Complaint against Defendants, Jose Carlos Regalado, Kenneth M. Frittz, KW International, Incu and DOES 1 through 25. The Complaint alleges causes of action for: (1) Motor Vehicle; and (2) General Negligence. The Complaint notes that on December 11, 2020, Plaintiffs, Sergio Hernandez and Oscar Enriquez ...

Excerpt: ...i ¿¿ TRIAL DATE: None Set. ¿¿ MOTION:¿ (1) Motion to Stay Action on Grounds of Inconvenient Forum ¿ Tentative Rulings: (1) DENIED On March 10, 2023, this Court continued the hearing on the defense motion to stay or the representation by defense counsel that a “more robust” showing could be made addressing the Court's concerns. In Defendants' supplemental briefing, they provide a proposed Indiana Declaratory Relief Action Complaint to be...

Excerpt: ... property located at 2145 Rambla Pacifico in Malibu, California 90265 (the “Property”). Since the Property is in a brush fire zone, Plaintiff's only option for fire insurance was to purchase it from California Fair Plan (“CFP”), California's fire insurer of last resort. Besides purchasing a policy from CFP to insure the Property against the peril of fire (the “CFP Policy”), Plaintiff also purchased a supplemental homeowners' policy fr...

Excerpt: ...minating Sanction is GRANTED. The Court will grant a default judgment for plaintiff and schedule a prove-up hearing for the monetary award sought. I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On February 3, 2023, this Court granted Plaintiff's motions to compel responses to Form Interrogatories, Special Interrogatories, Request for Production of Documents, and Requests for Admission. The Court ordered Defendant Roquemore to provide verified responses, w...

Excerpt: ... Daniel Curtis Investments, LLC ¿ TRIAL DATE: Not Set ¿ MOTION:¿ (1) Motion to Compel Further Responses by Plaintiff to Defendant's Form Interrogatories (2) Motion to Compel Further Responses by Plaintiff to Defendant's Requests for Admission Tentative Rulings: The Court will order an additional verified further response to the RFOGs. The Court intends to have Plaintiff excise much of the preamble to each of the further responses to Form Inter...

Excerpt: ... Factual¿¿ ¿ On October 18, 2022, Plaintiffs Michael Trenery and Noble Witcher (collectively “Plaintiffs”) filed a complaint against Defendant, Brandon Xavier Calhoun (“Defendant”) and DOES 1 through 25 alleging causes of action for: (1) Negligence and (2) Negligence Per Se. This action is based on the allegations in Plaintiffs' complain that on April 2, 2022, Calhoun knowingly and consciously got behind the wheel of his vehicle while ...

Excerpt: ...mie Lu Dominguez sued as DOE 1, TRIAL DATE: July 7, 2023 ¿¿¿ MOTION:¿ (1) Plaintiff's Motion to Compel Jamie Lu Dominguez to Special Interrogatories, Set One. (2) Plaintiff's Motion to Compel Jamie Lu Dominguez to Respond to Demand for Production of Documents, Set One. (3) Plaintiff's Motion to Compel Jamie Lu Dominguez to Respond to Demand for Production of Documents, Set Two. ¿¿ Tentative Rulings: (1) Denied, as per previous rulings and g...

Excerpt: ... Johnson's (“Plaintiff”) former counsel served Plaintiff with “Notice of Order Granting Motion to be Relieved as Counsel and Hearing on Motion to Declare Vexatious Litigant; Motion to Consolidate; Case Management Conference; OSC Failure to Prosecute, Failure to File Proof of Service” (the “Notice”). Mr. Douglas notes he provided all parties with notice that on August 24, 2022, this Court granted his Motion to be Relieved as Counsel fo...

Excerpt: ...he sustaining of the Demurrer. 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”) alleging causes of action for: (1) Violation of Subdivision(D) of Civil Code section 1793.2; (2) Violation of Subdivision(B) of Civil Code section 1793.2; (3) Violation of Subdivision (A)(3) of Ci...

Excerpt: ...2, Plaintiff filed an unlawful detainer or UD Complaint against Defendants, Avetis Hekimyan, and DOES 1 through 10. However, Defendant denies being served personally, by substitution, or by posting and mailing. Defendant asserts no knowledge of the summons and complaint, nor that anyone was attempting to serve him until Thursday, February 23, 2023, when Defendant arrived home to his primary residence located at 16 Narscissa Drive, Rancho Palos Ve...

Excerpt: ...murrer to Plaintiffs Writ of Mandate is OVERRULED. (2) The Motion to Strike is GRANTED in part as to tvvo ofthe identified allegations, and DENIED as to the rest. (3) The REIN is DENIED On October 21, 2022, Petitioner, Alan Elias ("Petitioner"), filed a Writ of Mandate agamst Respondent, West Coast Laboratories, Inc. ("Respondent' or "WCL".) On Februaty 14, 2023, Petitioner filed an Amended Writ of Mandate. ("AWOM".) Petitioner requested in his A...

Excerpt: ...ial Council form complaint for bodily injury arising out of a motor vehicle collision. On January 23, 2023, Plaintiff filed a First Amended Complaint ("FAC") alleging causes of action for: (1) Motor Vehicle Negligence; and (2) General Negligence against Defendant, City of Los Angeles ("City"). The FAC is based on the followmg alleged facts: On July 21, 2022, defendants owned, operated, entrusted and controlled an unspecified vehicle that was negl...

Excerpt: ... is GRANTED On June 21, 2022, Plaintiff, 31 Horses Incorporated filed a complaint against Defendants, Virginia Gamble, Genevieve Cooley, and DOES 1 through 1. The Complaint alleged causes of action for: (1) Failure to Pay Promissory Note; and (2) Fraud. Defendant, Virginia Gamble, admits in her declaration that she was personally served with the summons along with the complaint on July 5, 2022. (Gamble Decl„ 2.) However, she further notes that ...

Excerpt: ...Jamie Lu Dominguez sued as DOE 1, July 7, 2023 (1) Motion to Compel Jamie Lu Dommguez to Respond to Form Interrogatories, Set One. (1) Plaintiffs Motion to Compel Jamie Lu Dominguez to Respond to Form Interrogatories, Set One. Is DENIED. Since the parties declined the Courts invitation to stipulate to a resolution of this and other pending discovety motions that raise the same issues as the RFA motions last week the Court will consider making an ...

Excerpt: ...amend as to RR Financial Services, butthe case may proceed as to remaining Defs. The Court also notes that Rolls Royce Financial's demurrers have been previously sustained to the first, second, and third amended complaints, all with leave to amend being granted. On October 26, 2020, Plaintiffs Avakian Engineering. Inc„ and Marine Gasparian (collectively "Plaintiffs") filed this action against Rolls-Royce Motor Cars NA, LLC, Rolls-Roy:e Cars Fin...

Excerpt: ... (1) Specially Appearmg Defendant Le'mar Marshall's Motion to Compel Arbitration is DENIED. On July 5, 2022, Plaintiff Strategic Funding Source, Inc. d/b/a Kapitus ("Plaintiff') filed a verified complaint against Defendants Lemar Marshall a/k/a Le'Mar Marshall and Marshall Horizons LLC (Collectively, "Defendants") for an alleged breach of a business loan agreement ("Agreement") entered into by Marshall Horizons as a borrower and by Mr. Marshall a...

Excerpt: ...hinks she might be able to further allege before deciding whether one last chance to amend will be granted. On November 2, 2022, Plaintiff Persona310 ("Plaintiff') filed this action against Defendant, City of Hawthorne ("Defendant"). On December 16, 2022, Plaintiff filed its First Amended Complaint On February 9, 2023, Plamtiff filed a Second Amended Complaint ("SAC") alleging causes of action for: Breach of Contract. Defendant now demurs to the ...