Excerpt: ... Gayane Ambartsumyan; Jonathan Christian Terpanjian, a Minor, by and through his Guardian ad Litem, Gayane Ambartsumyan; Michael Andrew Terpanjian, a Minor, by and through his Guardian ad Litem, Gayane Ambartsumyan. August 22, 2023 (1) Defendant, Eric J. Castleman, M.D. and COR Healthcare Medical Associates' Motion for Summaty Judgment (2) Defendant, Ankush K. Chhabra, M.D.'s Motion for Summary Judgment (3) Defendant, Torrance Memorial Medical Ce...

Excerpt: ...ry 14, 2019, Plaintiff filed this bodily injury action agamst Defendants. Plaintiffs action is a products liability case in which he alleges he suffered a traumatic brain injury resulting in loss of income and permanent loss of earning capacity. In response to Form Interrogatories, Plaintiff disclosed the identity of Larry Pitkin ("Mr. Pitkin") as a witness who Will support his loss of income claim. Nautilus, Inc. ("Defendant) personally served M...

Excerpt: ... the alternative, Summary Adjudication, is DENIED without prejudice to being re-field with Code- compliant original Ps and As. On September 25, 2020, Vatche Cabayan ("Plaintiff) filed a complaint against Petri Entertainment LLC and Warner Davis (collectively "Defendants" for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, and (3) declaratory relief. On December 22, 2020, plaintiff filed a FAC for (1) breach ...

Excerpt: ...e offer by Plamtiffs counsel to depose the Defendants in Palm Desert near their residence where, per defense counsel, they currently reside. Plamtiff filed the Complaint on Februaty 3, 2022. Plaintiff alleges that he and Defendant Alan Boeke were both shopping at a Vons market in Manhattan Beach when they had an argument inside the store. The Complaint further alleges that when Plaintiff exited the store, Defendant Boeke, who was already in his v...

Excerpt: ...urt will hear arguments as to whether the SDT court be ordered modified such that it is made clear to the Ävo banks that only the signature cards for the two specified accounts are bemg sought, and/or that social security numbers must be redacted. But first, Plamtiffwill need to clarify the legitimate discoverable purpose of the signature cards (2) Denied Plamtiffs Dinesh Bharat and Prachi Bharat ("Plaintiffs") allegedly worked as property manag...

Excerpt: ...ord Motor Company, Case No. 8312261ü 1. FACTUAL BACKGROUND On April 1, 2021, Plaintiff Paula Watts ("Plaintiff') alleges that she purchased a used, certified pre-owned 2020 Nissan Altima (the 'Vehicle") and that she entered into an express written contract with Defendant Nissan North America, Inc. ("Nissan") for a new vehicle limited warranty. Plaintiff alleges that the Vehicle has a certain transmission defect Plaintiff further alleges that she...

Excerpt: ... 1 to Defendant Jamie Lu Dominguez Admitted (1) DENIED as to Motion to Deem Requests for Admission Set 1 to Defendant Heather Seyfert (2) DENIED as to Motion to Deem Requests for Admission Setl to Defendant Jamie Lu Dominguez Admitted 1. FACTUAL BACKGROUND FOR BOTH MOTIONS On approximately September 14, 2018, Plaintiff Erica H. Leventhal ("Plaintiff') alleges that she was injured while undergoing physical therapy and that Defendants Physiotherapy...

Excerpt: ...aintiffs First Amended Complaint (1) SUSTAINED; without leave to amend. This action arises out of an alleged fraud committed agamst Elbashier Kheir ("Plaintiff') who responded to an advertisement by Bon Hoa Patrice ("Defendant Patrice") for a housing rental in April of 2022. (First Amended Complaint, hereinafter, "FAC", 10). Defendant Patrice instructed Plaintiff to deposit bvo separate deposits of $2,000 to be made into tvvo Wells Fargo bank acc...

Excerpt: ...BIM Operating Agreement as to causes of action 1-4 and 11, which fall within the ambit of the BIM Operating Agreements ADR clauses beö.veen signatories to that Agreement. Neither side has refused to mediate as the Court reads the exchanges of emails among counsel in the days just before this motion was filed. Causes of action 5-10 appear to be reassertions of creditors claims filed by non-signatories in the currently pending probate case, and ap...

Excerpt: ...Lien and Expunge Notice of Pending Action (1) Defendants Demurrer to Plaintiffs Complaint is SUSTAINED unth 20 days Leave to Amend (2) The Motion to Remove the Mechanics Lien and Expunge the Lis Pendens is GRANTED, without prejudice to being reasserted once the pleading defects are corrected On October 12, 2022, Plaintiff, Morley Construction Company filed a complaint against PCL Construction Services, Inc. ("PCL"), Fidelity and Deposit Company o...

Excerpt: ...eave to Amend as to four of the five causes of action, without leave to amend as to the fifth (2) Defendants Motion to Strike Plaintiffs Complaint is mooted On November 1, 2022, Plaintiff, Mauricio E. Valencia ("Plaintiff') filed a Complaint agamst Defendants, Bank of America N.A., Ruben Curhuamaca, and Sogla and Associates, Inc.. The Complaint alleges causes of action for: (1) Fraud; (2) Money Wire Fraud; (3) Breach of Fiduciary Duties; (4) Negl...

Excerpt: ...ENIED as to Defendant Global United Solutions, Inc. The corporation has not validly appeared in this case because the Answer filed on behalf of the individual and the corporation was submitted and signed exclusively by Mr. Silva in per, but corporations are required to be represented by counsel in order to lawfully appear in California courts. Therefore, the corporation was not properly sewed by mail With the RFAs since there is no lawful appeara...

Excerpt: ... Contempt (1) Granted. The Court Sets a Hearing in 30 days on the Order to Show Cause re Contempt, with the intention of giving Mr. Duncan the intewening four weeks to prepare and submit the Court-ordered Concept Plan for removal of the encroachments as a fact in mitigation of what appears to be a conscious and deliberate disregard for a lawful order of the Court Waiting for Mom to pass away is nota sufficient excuse for further delay in addressi...

Excerpt: ...TRIAL DATE: February 26, 2024 ¿¿ MOTION:¿ (1) Plaintiff's Special Motion to Strike Defendant, Chi Hsin Impex, Inc.'s Cross- Complaint (2) Plaintiff's Special Motion to Strike Defendant Big 5 Corp's Original Cross- Complaint ¿ Tentative Rulings: (1) The anti-SLAPP motion as to Chi Hsin Impex is denied. ¿ (2) The anti-SLAPP motion as to Big 5 is mooted by Big 5's filing of its First Amended Cross-Complaint before the anti-SLAPP motion was file...

Excerpt: ...� Plaintiff filed his original Complaint on February 18, 2022 and listed Dasho II, LLC as a Defendant and a subject property located at 8525 S Sepulveda Blvd., Los Angeles, CA 90045. Defendants Susana Kechedzian and Trendsetters Plus Inc. have no relation to Dasho II, LLC or to the aforementioned subject property. Defendants assert that this confusion began as a result of this mistake made by the Plaintiff himself. Plaintiff has since filed a Fir...

Excerpt: ...Second Alleged Causes of Action without leave to amend. As to the Third Cause of Action, the Court will consider one final attempt to amend as discussed below. The Court strongly encourages the parties and especially counsel to consider a refund- based settlement before engaging in another round of pleading motions. The Court is mindful that depositions are scheduled to occur the day after this hearing and the Court is NOT inclined to consider fu...

Excerpt: ... individually ¿¿ TRIAL DATE: August 22, 2023 ¿¿ MOTION:¿ (1) Motion to Quash ¿ Tentative Rulings: (1) Grant, but if defense counsel will not agree to accept service on Mr. Rechnitz' behalf, the Court will consider a motion to serve by publication in light of plaintiff's reasonably diligent efforts to effect service at multiple addresses they found for him ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On February 22, 2022, Plaintiff Barba...

Excerpt: ...parte application to continue the MSJ hearing again, which the Court will entertain before oral argument on this Tentative Ruling I. BACKGROUND¿¿ A. Factual¿¿ ¿ Plaintiff Erin Hughes (“Plaintiff”) is the owner of 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 (“C...

Excerpt: ...Granted, as detailed below. Responsive documents and a verified further response to be provided by March 31, 2023 ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual Plaintiff served Defendant with Requests for Production, Set Three. This discovery motion consisted of one request, Request No. 111, which requested: Please IDENTIFY and produce all DOCUMENTS submitted by YOU (Hyundai Motor America/HMA) to the National Highway Transportation [sic] Safety Admi...

Excerpt: ...ACKGROUND¿ A. Factual¿ ¿¿ Plaintiff Rafael Torres filed First Amended Complaint (“FAC”) against defendants Technion Contractors TCI, Inc. (“Technion”), Suttles Plumbing, Inc. (“Suttles”), and Does 1 through 50, alleging one cause of action for negligence. The FAC alleges the following: defendants developed, built, or otherwise controlled Paseo Del Rey Elementary School at 7751 Paseo Del Rey, Playa Del Rey, CA 90293 (the “Propert...

Excerpt: ...Factual¿¿ On October 24, 2022, Plaintiffs James Soroka and Lisa Soroka (collectively “Plaintiffs”) filed this complaint against Defendant, Bank of America, N.A. (“Defendant”). The complaint alleges causes of action for: (1) Violation of Civil Code § 2923.5; (2) Violation of Civil Code § 2924(a)(1); (3) Violation of Civil Code § 2923.6(c); (4) Violation of Civil Code § 2923.7; (5) Violation of Civil Code § 2924.9; (6) Violation of C...

Excerpt: ...� A. Factual¿¿ ¿¿ This is a lemon law action brought by Plaintiff, Maximo Marrufo (“Plaintiff”) against Defendant, Nissan North America, Inc. (“Nissan”), and DOES 1 through 10. The case arises out of Plaintiff's purchase of a 2019 Nissan Leaf (“Subject Vehicle”) from Gardena Nissan in Gardena, California. Plaintiff alleges that Nissan breached its warranty obligations as set forth in the “2019 Leaf Warranty Information Booklet�...

Excerpt: ...intiff's verified Complaint ¶21 asserts an oral agreement by PPF to refrain from any foreclosure sale “until such time as the title issue was resolved either by court action or by the parties.” Were PPF to provide a declaration and/or exhibits bearing on whether there was any such agreement, and were plaintiff given fair opportunity to respond, the Court would then be in a better position to evaluate the likelihood of success on the merits a...

Excerpt: ...tative Rulings: (1) SUSTAINED with 20 days leave to amend. (2) The Motion to Strike is mooted by the Court's ruling on the Demurrer ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ Plaintiff filed the Complaint on September 22, 2021. The First Amended Complaint was filed on December 20, 2021. On May 31, 2022, the Court sustained a demurrer to Plaintiff's First Amended Complaint with leave to amend. On May 31, 2022, Plaintiff filed a Second Amended C...

Excerpt: ...22 (2) Request for Monetary Sanctions ¿ ¿ Tentative Rulings: (1) GRANTED. Moving party to discuss at the hearing which calls of the SDT remain outstanding so a suitable order can be crafted (2) Denied without prejudice ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On May 24, 2017, Plaintiff Donald Green (“Plaintiff”) was working on a stand-up forklift at his place of employment at Lithographix, Inc. (“Lithographix”) when he al...

Excerpt: ...fter which the duty to file a release of the mechanics lien and the dismissal of all parties including Reg8Plaza would be triggered. The evidence before the Court is that the settlement payments were not made, a condition precedent to dismissing Reg8 and to releasing the mechanics lien. Given the withdrawal of BMI's motion to enforce, and its CMC statement indicating that the settlement had cratered, the Court will hear from Reg8 as to whether ev...

Excerpt: ...MSA are raised as to whether Bruce and Terry Huff and Dominic Rouzaud were LuAnn Development's “employees” or “independent contractors” per jury instruction CACI 3704 and/or 3706, whether the Huff's work on the remodel project did or did not require a contractor's license, and whether LuAnn Development was or was not “required” to maintain unemployment insurance given the manner in which workers were utilized on the project. I. BACKGR...

Excerpt: ...rer is overruled in part, and sustained in part (2) Granted ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On October 19, 2022, Plaintiffs filed their First Amended Complaint (“FAC”) against South Bay Center SPE, LLC, QIC Properties US, Inc, QIC US Management, Inc, CBRE, Inc, CBRE Group, Inc, L Catterton Real Estate, and DOES 1 through 20. Plaintiffs allege the following causes of action: (1) Breach of Written Contract; (2) Breach of Implied Cov...

Excerpt: ...ruled in part, sustained in part (2) Defendant's Motion to Strike is granted in part, denied in part A more detailed tentative ruling will be issued in advance of the February 28, 2023 hearing once the CBRE motions are fully briefed. On the Court's own motion, the hearings on the SBC Defendants' demurrer and motion to strike are continued to February 28. ¿ At the outset, the Court notes that different defendants have different demurrers to the s...

Excerpt: ...o the Court will refrain from detailing here its overview of the parties' familiarity with each other and the Court's perspective on disability access cases involving high-frequency litigants. A. Factual¿ ¿¿ On December 29, 2022, Plaintiff filed a Second Amended Complaint (“SAC”) against Manhattan Place, Inc. (“Defendant”), and DOES 1 through 10 for violations of the Unruh Civil Rights Act. Defendant is alleged to be the owner of a sho...

Excerpt: ... 2019, Plaintiff filed this action against Defendants. Plaintiff's action is a products liability case in which he alleges he suffered a traumatic brain injury resulting in loss of income and permanent loss of earning capacity. In response to Form Interrogatories, Plaintiff disclosed the identity of Larry Pitkin (“Mr. Pitkin”) as a witness who will support his loss of income claim. Nautilus, Inc. (“Defendant') personally served Mr. Pitkin a...

Excerpt: ...er leave to amend should be given as to the contract claim (2) Defendant's Motion to Strike is mooted by the sustaining of the Demurrer ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On August 12, 2021, Plaintiffs filed their Complaint. Plaintiffs allege the following facts. Plaintiffs and Defendant entered into a settlement agreement in Case No. YC072026. Defendant breached the settlement agreement. On July 5, 2022, Plaintiffs filed a First Am...

Excerpt: ...� TRIAL DATE: Not Set; CMC on 4/20/23 ¿¿ MOTION:¿ (1) Demurrer¿ Tentative Rulings: (1) Sustained with 20 days leave to amend ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On October 10, 2022, Plaintiffs, Tracie Love and E.B.J.T Enterprise, LLC (collectively, “Plaintiffs”) filed a complaint against Jerome L. Dodson, as Trustee of the Jerome L. Dodson Trust of 2012; Asset Default Management, Inc, Lil'Wave Financial, Inc., dba Superior Lo...

Excerpt: ...ive Rulings: (1) Motion to Compel in-person Deposition is GRANTED, for a date to be discussed during the hearing. The deposition will occur after 2/28/23. (2) Monetary sanctions are DENIED 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 ...

Excerpt: ...CKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On July 5, 2022, Plaintiff, Ellen Rudolph (“Plaintiff”) filed a complaint against Defendant, General Motors, and DOES 1 through 10. On October 24, 2022, Plaintiff filed a First Amended Complaint (“FAC”). The FAC alleges causes of action for: (1) Violation of Civil Code section 1793.2(d); (2) Violation of Civil Code section 1793.2(b); (3) Violation of Civil Code section 1793.2(a)(3); (4) Breach of The Im...

Excerpt: ...led to carry its burden of proving a valid arbitration agreement. I. BACKGROUND¿ ¿ A. Factual¿ On July 7, 2022, Plaintiff, Rhonda Mims (“Plaintiff”) filed an action against Defendant South Bay Home Care, Inc.'s (“Defendant”) stating causes of action for Violation to California Labor Code § 2698, et seq., including: (1) Failure to pay overtime; (2) Failure to provide meal periods; (3) Failure to provide rest periods; (4) Failure to pay...

Excerpt: ...breach of contract (2) Request for Monetary Sanctions (3) CMC to be conducted ¿ Tentative Rulings: (1) Overruled. Defendant shall Answer within 20 days (2) Sanctions request is denied. (3) The Court will set a trial and FSC dates in early 2024. Counsel should have their calendars ready during the CMC ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On July 6, 2021, Plaintiffs filed their Complaint. On February 22, 2022, Plaintiffs filed the First A...

Excerpt: ...dication ¿ Tentative Rulings: (1) GRANT Summary Judgment I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On April 1, 2021, Tess Hernandez, a minor by and through her Guardian ad Litem, Brittney Lopez (“Plaintiff”) filed a complaint against Shereen Beverly, M.D.; Shreen Beverly, M/D/, Inc., and Providence Little Company of Mary Medical Center for causes of action for Medical Malpractice and Vicarious Liability. The complaint alleges that Britney L...

Excerpt: ... (1) CONTINUED, Pending several elements of further meeting and conferring the Court intends to order after hearing oral argument ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual Plaintiff served Defendant with Requests for Production, Set Three. This discovery motion consisted of one request, Request No. 111, which requested: Please IDENTIFY and produce all DOCUMENTS submitted by YOU (Hyundai Motor America/HMA) to the National Highway Transportation [...

Excerpt: ... considerable law and motion activity in these related cases, including extensive briefing and evidence bearing on a motion to disqualify Mr. Menke and his firm as trial counsel, Mr. Wu's motion for leave to file a Cross-Complaint arising out of his sale of shares in Bergamon, pending discovery motions, and the joint motion of Bergamon, Liew, Hsu and Jiang to compel arbitration of Wu's cross-complaint based on the arbitration clause in the Stock ...

Excerpt: ...¿ ¿¿ A. Factual¿¿ Plaintiff filed his original Complaint on February 18, 2022 and listed Dasho II, LLC as a Defendant and a subject property located at 8525 S Sepulveda Blvd., Los Angeles, CA 90045. Defendants Susana Kechedzian and Trendsetters Plus Inc. assert that they have no relation to Dasho II, LLC or to the aforementioned subject property. Defendants assert that this confusion began as a result of this mistake made by the Plaintiff hi...

Excerpt: ...ce ¿ Tentative Rulings: (1) Sustained, with leave to amend the Contract claim only (2) Granted (3) Rulings on each Request are in the body of this Tentative ¿¿ Overview: Plaintiff's lawsuit, now on its amended complaint, essentially seeks monetary damages from the City for a lengthy delay in processing applications for a business license. Many, if not most- public agencies around the country have faced delays in everything from construction pe...

Excerpt: ...sue with all parties defendant served by the March 16, 2023 date of the CMC. I. BACKGROUND A. Factual On July 8, 2022, Plaintiff, Ocean Recovery, LLC (“Plaintiff”) filed a complaint against Sullivan Curtis Monroe Insurance Services, LLC, and Scottsdale Indemnity Company (collectively “Defendants”). On July 13, 2022, Plaintiff filed an amended complaint. The complaint alleges a cause of action for breach of contract. Although the contract ...

Excerpt: ...aint Tentative Rulings: (1) DENIED, in light of very recent service of responses to the RFAs. (2) GRANTED, monetary sanctions int eh amount of $350 are ordered payable by Plaintiffs and/or their counsel within 30 days (3) OFF CALENDAR as there is no Second Amended Complaint to Demur to I. BACKGROUND¿ ¿ A. Factual¿ On December 10, 2020, Plaintiffs Juan Ramirez and Alondra Ramirez brought this action against Defendants Get Lucky Capital, LLC (�...

Excerpt: ...parate Property Trust dated September 13, 2010 TRIAL DATE: None set MOTION: (1) Demurrer to First Amended Complaint (2) Motion to Strike Meet and Confer Declaration of Ms. Amboss Tentative Rulings: (1) Defendants' Demurrer is OVERRULED. (2) Motion to Strike the Amboss Declaration is DENIED, but is not considered by the Court for the 2/2/23 hearing as it clearly is in reference to a discovery dispute, not the Demurrer I. BACKGROUND A. Factual On M...

Excerpt: ...1) Defendant's Demurrer is OVERRULED in part and SUSTAINED in part. (2) Defendant's Motion to Strike is GRANTED in part and DENIED in part. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On August 7, 2019, Plaintiff first filed a complaint in this case. On June 7, 2022, Plaintiff, Jessica Zazueta (“Plaintiff”) filed her First Amended Complaint (“FAC”) against Defendants, Wyndham Worldwide Corporation; Wyndham Destinations, Inc.; Wingate by...

Excerpt: ...ve Damages ¿ Tentative Rulings: (1) Plaintiff's Motion for Leave of Court to File Second Amended Complaint for Punitive Damages is DENIED. ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On September 10, 2021, plaintiff Tony Talbert filed a complaint. The operative pleading is the First Amended Complaint and asserts causes of action for (1) dental malpractice, (2) lack of informed consent, (3) battery, (4) intentional misrepresentat...

Excerpt: ...ial to 9/5/23, 9/25/23, or 1/8/24, but deny the request to extend all discovery and motion dates. Discuss what discovery remains that has not been propounded, and discuss scheduling the deposition of Plaintiffs whether in Texas of California¿ I. BACKGROUND¿¿¿ A. Factual¿¿¿ This action is an individual action for wages unpaid to the resident managers of a motel complex owned by Avadesh Bhagat. Defendants contend that Plaintiffs are owed not...

Excerpt: ... further responses to the subject discovery Discussion On October 26, 2022, this Court issued a minute order requiring Defendant to provide substantive, verified responses to all four sets of discovery that are the subject of these motions, and to produce responsive documents identified in those responses, no later than November 28, 2022. Plaintiff asserts that Defendant did not comply with the Court's order. Instead, Plaintiff asserts that on No...

Excerpt: ...re-brief the case in compliance with the page limits required by the Rules of Court, (b) Defendant will re-submit objections that comply with CRC 3.1454(b), and (c) Plaintiff satisfies the Court that evidence exists to support an opposition but further discovery is needed to present such evidence per CCP § 437c(h). The Trial would also need to be continued. Counsel should have their calendars ready to discuss these matters I. BACKGROUND¿¿ ¿¿...