Excerpt: ...of 2023 and a possible case management order to modify the usual time periods under the Discovery Act including the time for demand and exchange of experts. The Court will continue the trial into 2024 on proof in a later motion that she is not making herself available for deposition or IME I. BACKGROUND¿¿ A. Factual¿¿ ¿ On December 21, 2022, Plaintiff, Shirley Ogle (“Plaintiff”) filed a Complaint against Defendant, Wo Choi (“Defendant�...

Excerpt: ...tative Rulings: (1) Motion for Order to Compel Further Responses to Plaintiff's Requests for Production of Documents, Set One I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On November 5, 2023, Plaintiff, DSG International, LLC (“Plaintiff”) filed a Complaint against Defendant, General Motors, LLC, and DOES 1 through 50. The Complaint alleges causes of action for: (1) Violation of Civil Code Section 1793.2 (d); (2) Violation of Civil Code...

Excerpt: ...ttachment ¿¿ Tentative Rulings: (1) GRANTED, assuming the defense has no objection to the $95,000 figure. I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On July 22, 2022, Plaintiff, S.F.I. Ltd., L.P. d/b/a Figueroa Business Center (“Plaintiff”) filed a Complaint against Defendants Exulaser, Inc. and Martin Diego Garcia, and DOES 1 through 20. The Complaint alleges causes of action for: (1) Breach of Written Contract; and (2) Common Coun...

Excerpt: ...�¿ ¿¿ A. Factual¿¿ ¿¿ On February 3, 2023, Plaintiff, Alejandro 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. The Complaint is based on a September 29, 2022 purchase by Plaintiff of a 2021Honda Accord with correspon...

Excerpt: ...(1) GRANTED with 20 days leave to amend. I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On May 26, 2023, Plaintiff, Lambe B. Papoulias (“Plaintiff”) filed a Complaint against Defendants, Volkswagen Group of America, Inc. and County-Wide Rambler, Inc. dba Volkswagen of Garden Grove, and DOES 1 through 10. The Complaint alleges causes of action for: (1) Violation of Song-Beverly Act – Breach of Express Warranty; (2) Violation of Song-Beverly Act ...

Excerpt: ...g date of the daughter of one of trial counsel, such as late April of early May 2023. Permit Matrix to bring its MSJ to be scheduled off that continued trial date ¿¿ Matrix' ex parte application to continue the trial was initially heard on August 4, 2023. At that time, the Court indicated its intention to continue the trial, but to enable interested parties to submit declarations or briefs bearing on two issues: when the new trial date should b...

Excerpt: ...ttorneys' Fees is GRANTED. The Code Enforcement letter from the City does not change the Court's previous tentative ruling. (2) The Plaintiffs' Motion to tax the expert witness “costs” is GRANTED as the Court finds the Section 998 Offer to be unreasonable in the global view of the context of this litigation at the time the offer was made. ¿¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On June 27, 2023, this Court entered Judgment in Defendant,...

Excerpt: ...ability or eat or drink without difficulty. ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On April 3, 2023, Plaintiff, Brian Whitaker (“Plaintiff”) filed a Complaint against Defendant, Allynn 2 Inc., and DOES 1 through 50. The Complaint alleges the following causes of action: (1) Violation of the Unruh Civil Rights Act; and (2) Violation of the California Disabled Persons Act. The Complaint is based on the fact that Allynn 2 Inc. owned “The Bake...

Excerpt: ... A. Factual¿¿ ¿ On April 28, 2023, Plaintiffs, Juan Lemus and Charmain Agravante-Lemus filed a Complaint against Defendants, Robin Taporco, Jerelyn Taporco, and DOES 1 through 100. The Complaint alleges causes of action for: (1) Breach of Oral Contract; (2) Negligent Misrepresentation; and (3) Fraudulent Misrepresentation. On June 7, 2023, Defendants brought a Cross-Complaint against Plaintiffs, alleging causes of action for: (1) Breach of Ora...

Excerpt: ...l entertain oral argument as to whether venue would be more appropriate in Fresno County, Plaintiffs' residence, than Los Angeles County, and whether the balance of public and private interests would change were other parties such as those with Nevada domiciles or principal places of business were added as defendants ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On June 5, 2023, Plaintiffs, Michael Boggs and Christina Cohan (collectively “Plaintiffs...

Excerpt: ...ri & Algorri, LLP in the amount of $7,500. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On June 1, 2022, Plaintiff, Voyager Indemnity Insurance Company (“Plaintiff”) filed this action against Defendants, Smiley Sean and Ramsey Sean as surviving heirs of Mark S. Sean, deceased (collectively “Defendants”). On July 20, 2022, Plaintiff filed a First Amended Complaint (“FAC”) alleging a cause of action for Declaratory Relief. This action ...

Excerpt: ...s to whether additional leave to amend should be granted. (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 (“FAC”) alleging causes of action for: (1) Negligence; and (2) Negligent Entrustme...

Excerpt: ...berto Munoz ¿¿ TRIAL DATE: None set.¿ ¿¿ MOTION:¿ (1) Demurrer¿ (2) Motion to Strike ¿ Tentative Rulings: (1) Defendants' Demurrer is SUSTAINED (2) Motion to Strike is MOOTED ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On April 3, 2023, Plaintiffs, Graciela Munoz and Roberto Munoz (collectively, “Plaintiffs”) filed a Complaint against Defendants, Easton Dowe Jones, as an individual and trustee of the Easton and Hana Jones Family Tru...

Excerpt: ...ESPONDING PARTY: Defendants, Jay H. Zimmerman and Thomas B. Zimmerman ¿¿¿ TRIAL DATE: March 18, 2024 ¿¿¿ MOTION:¿ (1) Motion to Compel Further Responses and to Compel Defendant, Jay H. Zimmerman's Production of Documents to Requests for Production, Set One (2) Request for Sanctions Tentative Rulings: (1) ARGUE (2) DEFER ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On April 11, 2022, plaintiff David R. Zimmerman, in his indi...

Excerpt: ...e management order to address the truncated time in which to conduct pleading motions, discovery, expert designations and depositions, and trial preparation. The Court will consider ordering shortened statutory deadlines (e.g., 20 days rather than 30 for discovery responses and prohibition on discovery extensions longer than 10 days without a stip and Court order, etc.), Court-enabled setting of motion hearing dates to avoid CRS system delays for...

Excerpt: ... Set Aside (2) Defendant, Century 21 Peak's Motion to Set Aside Tentative Rulings: (1) GRANTED (2) GRANTED ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On March 17, 2023, Plaintiff, Jan L. Franklin (“Plaintiff”) filed a Complaint against Defendants, Coast to Coast Group, LLC, a California Limited Liability Company, Brenda Mendoza, an individual, Revision Investments, LLC, a California Limited Liability Company, Erasmo Reyes, an individual, Peak R...

Excerpt: ...y Rojas, to Respond to Request for Production of Documents, Set One (3) Request for Sanctions Tentative Rulings: (1) Defendant's Motion to Compel Plaintiff, Ely Rojas, to Respond to Form Interrogatories, Set One is GRANTED. (2) Defendant's Motion to Compel Plaintiff, Ely Rojas to Respond to Request for Production of Documents, Set One is GRANTED. (3) Request for Sanctions is denied WITHOTU PREJUDICE. PLANTIFFS ARE GIVEN NOTICE THAT FAILURE TO COM...

Excerpt: ...The Court will discuss discovery status, what the claimed defect or defects might be in this case, and a possible trial date in early 2025 ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On April 3, 2023, Plaintiff, William Jones (“Plaintiff”) filed a Complaint against Defendants, Hyundai Motor America, Win Chevrolet Inc., d/b/a Win Hyundai Carson, and DOES 1 through 10. The Complaint alleges causes of action for: (1) Violation of Song-Beverly ...

Excerpt: ...anctions Tentative Rulings: (1) Motion to Compel Further Responses to Requests for Production, Set One is GRANTED in part, subject to protective order, and subject to relevant time period as to be argued at the hearing. (2) Request for Monetary Sanctions is DENIED. ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On December 15, 2022, Plaintiff, Maria Cristina Angulo-Alcaraz (“Plaintiff”) filed a Complaint against Defendant, Ford ...

Excerpt: ...agement Conference Tentative Rulings: (1) Motion to Compel Further Responses to Requests for Production, Set One is GRANTED, subject to oral argument as to exactly what additional documents are to be produced (2) Plaintiff's Request for Monetary Sanctions is DENIED. (3) The Court will discuss future scheduling after the hearing on the motion ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On December 7, 2022, Plaintiff, Desislava Col...

Excerpt: ... 2023, Plaintiff, Gardner Management Inc. (“Plaintiff”) filed a Complaint against Defendants, Zvika Golan and Eriko Golan (collectively “Defendants”). The verified Complaint is for a residential unlawful detainer, alleging failure to pay rent. Defendants now file a demurrer. B. Procedural¿¿¿ ¿¿ On June 26, 2023, Defendants filed this demurrer. On July 19, 2023, Plaintiff filed an opposition. On July 25, 2023, Defendants filed a reply...

Excerpt: ...t for Attorneys' Fees and Costs Tentative Rulings: (1) Plaintiff's Motion to Approve Proposition 65 Settlement and Stipulated Consent Judgment is GRANTED (2) Request for Attorneys' Fees and Costs is GRANTED but reduced to the $31,500 amount agreed upon I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On February 3, 2023, Plaintiff, Calsafe Research Center, Inc (“Plaintiff”) filed a Complaint against Defendant, Louisville Vegan Jerky Co., LLC. (“D...

Excerpt: ...uled. Sufficient allegations have been presented. Whether Plaintiff can prove those allegations is a separate issue to be decided at trial or on a future dispositive motion I. BACKGROUND¿ ¿ A. Factual¿ ¿¿ 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 ...

Excerpt: ...nce of or reference to suicide: Tent: 402 Hearing MIL P-2 To Exclude Reference of or Reference to Defendants' Lack of Insurance, Weak Financial Condition, and status as a “Mom and Pop” Business: GRANT in part, DENY in part MIL P-4 to Exclude Evidence of or Reference to the Absence of Prior Similar Accidents: DENY, but defense will need to lay adequate foundation before such evidence is presented to the jury MIL P-5 to Exclude Evidence of or R...

Excerpt: ...Form Interrogatories, Special Interrogatories, Requests for Production of Documents, and Requests for Admission, Set Two and Motion for genuineness and truth of any matters specified in Defendants' Requests for Admission be deemed admitted. (2) Request for Sanctions (3) Stipulation pending to continue trial into 2024 Tentative Rulings: (2) The MTCs are MOOTED by the tardy responses served on June 12, 2023, less than a week after the motions were ...