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

Excerpt: ...onses to Requests for Production of Documents, Set One is GRANTED (2) Request for Sanctions is GRANTED in the lowered amount of $1,000, payable within 30 days I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On August 2, 2023, Plaintiff, Evelyn J. Ko (“Plaintiff”) filed a Complaint for unlawful detainer against Luke Koster Visser, et al. Defendant, Luke Visser, notes that on August 14, 2023, he propounded discovery to Plaintiff, and that th...

Excerpt: ...rman Scandrick ¿¿ TRIAL DATE: None Set. ¿¿ MOTION:¿ (1) Demurrer¿ (2) Motion to Strike ¿ Tentative Rulings: (1) Defendant's Demurrer is Continued (2) Defendant's Motion to Strike is continued. ¿I. CONTINUANCE DISCUSSION As a preliminary matter, Defendants have violated California Rule of Court 3.1113 (d). “Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages.” (CRC 3.1113...

Excerpt: ...s Motion to Strike is denied ¿¿ The Court has previously overruled the demurrer and denied the motion to strike as to the Second Cause of Action from the second amended complaint. While there are new allegations the Third Amended Complaint (TAC) added to the second cause of action, those new allegations do not create pleading defects subject to demurrer or motion to strike. As to the first cause of action for breach of contract, paragraph 9 of ...

Excerpt: ...e second cause of action. Leave to amend to be discussed I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ 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. After the Court sustained the City's Demurrer to the original Complaint, on July 17, 2023, Plaintiff filed a Second Amended...

Excerpt: ...g exhibits from the declaration ISO the motion ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ This action for breach of contract, negligence, trespass and nuisance was field by Mahmoud Awad against Legion Builders, Inc. and Oscar Davila. The suit essentially alleged unpaid rent arising from a commercial landlord-tenant relationship. No unlawful detainer action was filed because Defendants allegedly vacated, but the amount of unpaid rent....

Excerpt: ...urt requests oral argument as to any precedents regarding a triable issue of fact arising from the length of time an employer delays in disciplining an employee for on the job misconduct, or the effect of a claimed inadequate investigation before the employer discipline the employee who is alleged to have engaged in the misconduct. Further, the Court seek argument or further briefing as to the effect of a law enforcement refusal to provide inform...

Excerpt: ... Further Monetary Sanctions (2) Trial Setting Conference (3) Settlement Conference Scheduling Tentative Rulings: (1) Motion for Terminating and Evidence Sanctions is denied, but Grant $1,00 in further monetary sanctions in addition to the $1,420 past due amount. (2) The Court will discuss its trial calendar with counsel and attempt to find a suitable date in the fourth quarter of 2024 (3) The Court will discuss re-setting an MSC with counsel I. B...