Excerpt: ...n for Leave to File First Amended Petition ¿¿ Tentative Rulings: (1) GRANT ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ This is a traditional writ of mandamus action challenges the City of Redondo Beach's (“Respondent”) recent update to the “housing element” portion of its general plan. The action was brough pursuant to Government Code 65751, et seq. Among other things, the Verified Petition for Writ of Mandate (“Petit...

Excerpt: ...rgical Institute (2) Plaintiff, R&R Surgical Institute ¿¿ TRIAL DATE: Not Set ¿¿ MOTION:¿ (1) Demurrer (2) Demurrer Tentative Rulings: (1) Defendant Anthem's Demurrer is SUSTAINED with 20 days leave to amend (2) Defendant Premera's Demurrer is SUSTAINED with 20 days leave to amend I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ This action arises out of breach of contract cases. Plaintiff, R&R Surgical Institute filed a complaint against Defendan...

Excerpt: ...ies, Set One, Nos. 22- 30 (3) Motion to Compel Further Responses to Requests for Production of Documents, Set One, Nos. 66-76. (4) Monetary Sanctions Tentative Rulings: (1) Motion to Compel Further Responses as to Form Interrogatories, Set One, No. 3.6 is DENIED, without prejudice to it being pursued either in arbitration is the case is ordered to arbitration, or in the litigated case if the future hearing on the pending arbitration motion is den...

Excerpt: ...na Duces Tecum issued on July 28, 2022 ¿ ¿ Tentative Rulings: (1) Assuming the Court is satisfied with Rack Us Up's efforts to resolve this informally with Lithographix, and that moving party can satisfy the Court that “Stephanie” was authorized to accept service by e-mail, the Motion would be GRANTED. ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On May 24, 2017, Plaintiff Donald Green (“Plaintiff”) was working on a stand-up ...

Excerpt: ...ion Pending Completion of the Arbitration of Wu's Cross-Complaint Tentative Ruling: (1) Motion to Compel Arbitration is DENIED, without prejudice. The Court has no evidence that the mediation pre-condition to arbitration per the Stock Repurchase Agreement has been satisfied, and there are ambiguities and conflicting language in the Dispute Resolution provisions as to which the moving party has not met its burden of proof (2) Request for Stay was ...

Excerpt: ...ion ¿ ¿ Tentative Rulings: (1) Summary Adjudication GRANTED as to the first and second causes of action, Denied as to the third and fourth. The Court suggests an alternative resolution for the parties to consider in the Conclusion paragraph of this Tentative Ruling I. BACKGROUND¿¿ A. Factual¿¿ ¿ On March 24, 2022, Plaintiff Financial Services Vehicle Trust, by and through its servicer, BMW Financial Services, NA (“Plaintiff”) filed thi...

Excerpt: ... ARGUED. While the Court is constrained by Felisilda, the evidence submitted by Plaintiff suggests that FCA might be estopped from asserting entitlement to arbitrate if FCA declined to establish or continue giving California customers the option to arbitrate lemon claims (2) Mooted if the Court grants the arbitration motion ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ This is a lemon law action brought by Plaintiff, Melanie (“Plaintiff”) aga...

Excerpt: ...bey Court's Order Dated July 15, 2022. (2) Defense request for continuance pending resolution of arithmetic errors in the sanctison amount ¿ TENTATIVE RULINGS: (1) The Writ of Execution is GRANTED. Plaintiff's Motion for further monetary sanctions against Defendants is denied without prejudice to it being re-filed once collection of the sanctions has been achieved, since those efforts may involve additional attorneys' fees which may well be awar...

Excerpt: ...laintiff Iisha Byas' mother, Ceylon Byas, was an employee of Defendant Property Management Associates, Inc. as an onsite property manager. The property was owned by Defendant Three Rainbows, LLC. Ceylon Byas was allegedly physically attacked by Defendant Sarah Bruce, a tenant at the property. As a result of this attack, Ceylon Byas died. On March 29, 2022, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action for: (1) Ne...

Excerpt: ...lity Company; Mohammad Abdelnaser, R.N., an individual; and DOES 1 through 20 ¿¿ TRIAL DATE: June 5, 2023 ¿ ¿¿ MOTION:¿ (1) Motion to Compel Defendant Prime Healthcare Centinela, LLC to Comply with Plaintiff's Demand for Inspection of Real Property (2) Monetary sanctions ¿ Tentative Rulings: (1) GRANTED in part, with time, place, and manner restrictions as detailed below (2) Monetary sanctions are denied. The was substantial justification ...

Excerpt: ...or Attorneys' Fees and Costs Tentative Rulings: (1) GRANTED, and because of the Trope issue the Court awards 50% of the requested $33,253 or $16,626.50 in attorneys' fees to the non‐attorney defendants as an equitable allocation between the attorney co‐defendants and the non‐attorney co‐defendants who prevailed on the anti‐SLAPP motion. $344.05 in costs are awarded as well. I. BACKGROUND¿ ¿ Plaintiff Garry Cassidy, individually and do...

Excerpt: ... of Request for The Production of Documents (2) Motion to Compel Defendant to Respond to Set One of Special Interrogatories (3) Monetary sanction for each motion ¿ ¿ Tentative Rulings: (1) Motion to Compel Defendant to Respond to Set One of Request for The Production of Documents is GRANTED. (2) Motion to Compel Defendant to Respond to Set One of Special Interrogatories is GRANTED. Defendant to provide verified answers to the interrogatories wi...

Excerpt: ...hearing date specified on its cover page ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ 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. Upon discovery that Dasho II was not the true owner of the subject property, Plaintiff filed a First Amended Complaint on June 14, 2022. The FAC removed Dasho II, LLC and added the c...

Excerpt: .... BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ This action involves a self-represented defendant who has filed no documents in this case other than his Answer over a year ago. Plaintiffs are investors in various businesses established by Defendant, Michael Ball (“Defendant”) memorialized in written contracts, wherein Defendant is appointed manager of the investments upon an agreement to provide Plaintiffs with unfettered access to the Busi...

Excerpt: ...ve Ruling: (1) ARGUE ¿¿ ¿ 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 arises out of an auto ...

Excerpt: ...ave to amend as to the statutory claim ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On October 11, 2022, Plaintiff, Elbashier M. Kheir (“Plaintiff”) filed this action against Defendants, Bon Hoa Patrice, Wells Fargo, Eric Doe, and DOES 1 through 10. The Complaint alleges cases of action for: (1) Breach of a Written Contract; (2) Unlawful Conversion; (3) Money Had & Received; (4) Theft by False Pretense; (5) Money Laundering; (6) Negligenc...

Excerpt: ...ulings: (1) GRANTED ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On July 23, 2021, Plaintiffs, Omar Shaheed and Ishiaketi Tims (collectively, “Plaintiffs”) filed a complaint against Defendants, Travelodge Hotels, Inc., Wyndham Hotels & Resorts, Inc., Sanjay Patel, and DOES 1 through 20. On December 23, 2021, Plaintiffs filed a first amended complaint. On May 18, 2022, Plaintiff filed a Second Amended Complaint alleging causes of action fo...

Excerpt: ...l Plaintiff, Avakian Engineering, Inc.'s and Marine Gasparian's Further Verified Responses to Requests for Production of Documents, Set One; Requests for Monetary Sanctions (2) Motion to Compel Plaintiff, Marine Gasparian's Further Verified Responses to Form Interrogatories, Set One; Requests for Monetary Sanctions (3) Motion to Compel Plaintiff Avakian Engineering, Inc.'s Further Verified Responses to Form Interrogatories, Set One; Requests for ...

Excerpt: ...sts ¿ Tentative Rulings: (1) Plaintiff's Motion for Attorney's Fees and Costs is GRANTED in the amount of $19,750. (2) Defendants' Motion to Tax Costs is GRANTED in part, but the largest amount claimed for the plaintiff's court reporter in an audio recorded limited jurisdiction trial needs to be ARGUED ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On October 5, 2022, the Court signed and entered judgment in favor of Plaintiff, with a written ...

Excerpt: ...'s counsel as to whether any further amendment could be made given this second demurrer after the demurrer to the original complaint was sustained as to some of the same causes of action ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On October 1, 2021, Plaintiff filed this action. On October 11, 2022, Plaintiff filed an First Amended Complaint (“FAC”) against Defendants, Sophie Adams aka Sophia Adams, Sofie Adams, Sophie Psychic Services d...

Excerpt: ...DING PARTY: Plaintiff, John Doe. ¿ TRIAL DATE: April 29, 2024 ¿ MOTION:¿ (1) Motion for Order Staying the Taking of Dean Dammann's Deposition and Quashing the Deposition Notice (2) Motion for Protective Order Tentative Rulings: (1) DENIED (2) DENIED, but the Court will consider ARGUMENT as to a different character of protective order to accommodate the health and age of the witness, such as taking breaks every 30 minutes, limiting the total du...

Excerpt: ...eave to File Late Claim Tentative Rulings: (1) GRANTED. The June 7, 2023 Order granting Plaintiff relief from the late claim in Case No. 22TRCP00420 is deemed to be not enforceable against City of Hawthorne in this action because they had no Due Process notice and opportunity to be heard as to that application. Accordingly, if Plaintiff seeks relief from the City's denial of the late claim it will need to bring a new application in this action (o...

Excerpt: ...ed on the continued trial date. I. BACKGROUND¿ ¿ A. Factual¿ ¿¿ On May 18, 2021, Plaintiff, MCool dba Indiemodal Trucking (“Plaintiff”) filed a complaint against Lever Logistics, LLC (“Defendant”), and DOES 1 through 10. On September 17, 2021, Plaintiff filed its First Amended Complaint (“FAC”) alleging causes of action for: (1) Breach of Contract; (2) Open Book Account; (3) Account Stated; and (4) Reasonable Value. Defendants al...

Excerpt: ...arch, 2023 at the hearing on this unopposed motion ¿¿ I. BACKGROUND This case is a wrongful death action by Plaintiff Manuela Sahagun, successor in Interest of Manuela Rodriguez (“Plaintiff”) against Defendant Long Beach Unified School District (LBUSD”), and DOES 1 through 10. On November 4, 2022, Plaintiff filed a motion for trial preference pursuant to Code of Civil Procedure section 36 subdivision (b). To date, no opposition has been f...

Excerpt: ... 1045 (2) Motion to Direct the City of Los Alamitos to Produce Documents Relating to Eddie Gonzalez Pursuant to California Evidence Code Sections 1043 and 1045 (3) Further hearing as to the Motion to direct LBUSD to produce the peace officer personnel records Tentative Rulings: (1), (2) ARGUE. The Court will take oral argument as to whether Officer Gonzalez' personnel file from Los Alamitos or Sierra Madre meets the “materiality” standard for...

Excerpt: ...No One Against Defendant 1900 PHC, LLC (2) Motion to Compel Verified Further Responses, Without Objections, to Requests for Production of Documents, Set No. One against Defendant 1900 PHC, LLC (3) Motion to Compel Further Responses, Without Objections, to Form Interrogatories, Set No. One, Against Defendant Roth Management Group, LLC ¿ Tentative Rulings: (1) Motion to Compel Further Responses Without Objections to Form Interrogatories, Set No On...

Excerpt: ...s as to the parties' agreement to 5-year lease as reflected in exchange of emails, Reto's payment of changed rental amount and Weber Way's acceptance of the changed rental amount demonstrating part performance of the new 5-year lease that was memorialized in an exchange of writings between the parties ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On June 15, 2020, Plaintiff, Weber Way LJM, LLC (“Plaintiff”) filed a complaint against Defendant, ...

Excerpt: ...g to Eddie Gonzalez Pursuant to California Evidence Code Sections 1043 and 1045 Tentative Rulings: (1) Grant in Part. The Court will conduct an in camera review with the LBUSD's custodian of records and a court reporter to determine which if any of the requested documents meet the standards for disclosure. The Court requests argument on the timing of the in camera review, whether a representative of the officer can be present, and whether a prote...

Excerpt: ...emurrer is SUSTAINED as to the product liability allegations with leave to amend. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On June 6, 2022, Plaintiff, Romualdo Quintal III, a minor, by his Guardian Ad Litem, Socorro Cisneros (“Plaintiff”) filed a complaint against Defendants, Big 5 Sporting Goods Corporation and Chi Hsin Impex, Inc. for: (1) General Negligence; (2) Products Liability; and (3) Premises Liability. This action is based o...

Excerpt: ...GROUND¿¿ ¿¿ A. Factual¿¿ ¿ On July 15, 2022, Plaintiff, Kyle E. Rapone (“Plaintiff”) filed this case against Defendants, Carmen H. Imaicela, Carmen Imaicela as Trustee of the Carmen H. Imaicela Living Trust, Karen Y. Castillo, David Sarinana, Sarinana, Inc., Trevor Schneeberger, Douglas Elliman of California, Inc., and DOES 1 through 25 alleging causes of action for: (1) Non-Disclosure of Material Facts; (2) Fraud- Intentional Misrepre...

Excerpt: ...for Admission Admitted (2) Request for Sanctions ¿ ¿ Tentative Rulings: (1) Plaintiff's Motions to Compel responses are GRANTED. (2) Plaintiff's Motion to Deem Requests for Admissions as Admitted is GRANTED. (3) Plaintiff's Request for Sanctions is GRANTED in the amount of $1,500. ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On June 21, 2021, Plaintiff, Dyck-O'Neal, Inc. (“Plaintiff”) brought this action against Defendant, E...

Excerpt: ...otion for Preliminary Approval of Class Action and PAGA Settlement ¿ ¿ Tentative Rulings: (1) Defendant's Motion for Preliminary Approval to Strike is GRANTED. However, the Court request that class counsel assist in locating the proposed class notice at the hearing, such as by screen sharing or by transmitting the same through the Court's exhibit portal at [email protected]. ¿¿ ¿ I. BACKGROUNG On July 12, 2021, Plaintiff, Roberto Rivera (...

Excerpt: ...r¿ ¿ Tentative Rulings: (1) Defendant Demurrer is DENIED¿ ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On May 26, 2022, Plaintiff, Christina Marie New (“Plaintiff”) filed this action against Defendants, Providence Health System – Southern California dba Providence Little Company of Mary Medical Center, Torrance, Mia Je Naee Sanders, and Does 1 through 100. Plaintiff alleged the following causes of action: (1) Medical Battery; (2) Int...

Excerpt: ...ment or, in the Alternative, Summary Adjudication (2) Implicit application for substantive amendment to first cause of action for nuisance, labeled a proposed “Amendment to Complaint” ¿ ¿ Tentative Rulings: (1) Motion for Summary Adjudication is GRANTED as to the 2 nd and 3rd causes of action for breach of contract, but DENIED full MSJ and DENIED MSA as to the 1st cause of action for private nuisance (2) Granted on certain conditions ¿¿ �...

Excerpt: ...otion to Compel Respondent/Defendant City of Redondo Beach to Provide Further Responses to Requests for Production of Documents, Set One ¿¿ Tentative Rulings: (1) Grant in Part. Sanctions are denied. ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ This is a traditional writ of mandamus action challenges the City of Redondo Beach's (“Respondent”) recent update to the “housing element” portion of its general plan. The action ...

Excerpt: ...stina Seals (“Plaintiff”) filed a Complaint against Wal-Mart Associates, Inc., and DOES 1 through 50 for the following causes of action: (1) Discrimination on the Basis of Race; (2) Harassment on the Basis of Race; (3) Retaliation for opposing Discrimination and Harassment on the Basis of Race; (4) Failure to Prevent Discrimination, Harassment, and Retaliation; (5) Violation of the California Family Rights Act; (6) Interference with Exercise ...

Excerpt: ...rer is sustained without leave to amend as to the FEHA causes of action, i.e., the 1 st, 2 nd, 3 rd, 4 th, and 6 th causes of action, and sustained with leave to amend as to the 5 th and 7 th causes of action if Plaintiff's counsel represents that a timely Government Code tort claim was filed but was mistakenly not alleged. (2) Defendant's Motion to Strike is mooted by the Court's sustaining of the Demurrer (3) RFJN is granted as to the 3 DFEH do...

Excerpt: ...e., that “the District's administrators had a duty to use reasonable measures to protect Doe from foreseeable injury caused by Farr's intentional conduct.” (Doe v. Lawndale Elementary School Dist. (2021) 72 Cal.App.5th 113, 126.) The California Supreme Court previously held that “the duty of care owed by school personnel includes the duty to use reasonable measures to protect students from foreseeable injury at the hands of third parties ac...

Excerpt: ...idual defendant Leahy. (2) Demurrer is mooted by granting of motion to quash I. BACKGROUND¿ ¿ A. Factual¿ ¿¿ On August 3, 2021, Plaintiff, Hotel Emporium, Inc. (“Plaintiff”) filed a Complaint against American Hotel Register Company (“American”), Linda Leahy, Angela Korompilas, and DOES 1 through 20. The Complaint alleges the following causes of action: (1) Breach of Oral Contract; (2) Unjust Enrichment; (3) Goods Sold and Delivered; ...

Excerpt: ...rrer (3) Granted I. BACKGROUND¿ It is readily apparent from the demurrer, motion and briefs before the Court that counsel for the opposing parties are familiar with each other from other litigation involving disability access discrimination. At the outset, then, the Court will advise both sides that it has tried several such cases, including ones involving construction-related architectural barriers, and including two filed by high- frequency li...

Excerpt: ...ions ¿ Tentative Rulings: (1) Plaintiffs' Motion to Compel Responses to Questions at Deposition is GRANTED, but defendant is given the option of a brief follow-up deposition or giving a verified statement attesting to the name and contact information of the accountant. (2) Plaintiffs' Request and Defendant's cross-request for Sanctions are Denied ¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ This action is for wages unpaid to the resident man...

Excerpt: ... Leave to File a Cross-Complaint is GRANTED; (2) To the extent the responding parties on this motion deem it proper to file a motion to compel arbitration, to disqualify counsel, or to refer any matters to the State Bar for claimed ethics violations, those issues are not ripe for the Court to consider at this time ¿¿ I. BACKGROUND¿ ¿ A. Factual¿ On July 23, 2020, Plaintiff Bergamon, Inc. (“Plaintiff”) filed the instant action against Def...

Excerpt: ...that resulted in the death of Plaintiff Jesse Franklin Esphorst's son. At the time of the underlying incident, Ming was the owner of real property located at 3805 Palos Verdes Drive, in Rolling Hills Estates, California (hereinafter “Subject Property”). The property was purchased in 2016 for $3,080,000. In 2020, in the time period between Ming's criminal conviction and sentencing, the subject property was sold to Defendant Teddyland LLC for a...

Excerpt: ... first and fourth causes of action. (The caption of the Cross-Complaint lists a trade libel cause of action but it is apparently subsumed under the first cause of action for defamation.) Cross-Defendant's Demurrer is otherwise OVERRULED. (2) The Court intends to conduct a CMC to gauge an outline of expected discovery and ADR prospects. I. BACKGROUND¿ ¿ On August 16, 2021, Plaintiff DTI Services, Inc. filed a Complaint for: (1) Fraud; (2) Theft ...

Excerpt: ...ntative Rulings: (1) Defendant Malhotra's Demurrer is SUSTAINED. The Court will take argument as to whether Plaintiffs' counsel believes an amendment could cure the statute of limitations issue given the fact that the self- represented plaintiffs neglected to include Doe allegations and a basis for later naming Dr. Malhotra as a Doe Defendant until after the one- year statute had run (2) the RFJN is granted as to items 1-4, but is denied as to it...

Excerpt: ...hort-form good faith settlement application provided insufficient basis for the Court to grant Westwood's application once HH filed an expert declaration in its challenge to the good faith application. Westwood settled for $20k, and per Clinch-on's 11/3/22 short-form application it settled for $30k in the face of a lawsuit seeking over $350k. The Court is concerned that it lacks declarations from all affected parties who are seeking a good faith ...

Excerpt: ..., Zouki for America Corporation, a Delaware Corporation ¿ TRIAL DATE: February 14, 2023 ¿ ¿ MOTION:¿ (1) Defendants' Motion to Compel (“MTC” Further Responses to Special Interrogatories, Set One; and (2) Defendants' MTC Further Responses to Requests for Production of Documents (“RFP”), Set One Tentative Rulings: (1) Defendants' MTC further responses to Special Interrogatories 57 and 58 is DENIED, ON CONDITIONS; and (2) Defendants' MTC...

Excerpt: ...reasons, Plaintiff's Motion to Compel Further Responses is mostly GRANTED as detailed below. (2) The Protective Order sought by both parties will be GRANTED in the form of the Plaintiff's version of the proposed protective order as revised by LMU, and specifically as revised to provide for masking of the true identifies of the students. The Court further orders that LMU shall create a list marked “Confidential” pursuant to the protective orde...

Excerpt: ...ourth Cause of Action for Breach of Oral Contract, Plaintiffs voluntarily dismissed that cause of action from the Complaint. This action arises out of a dispute in which Plaintiffs are asserting a right to a view from the second floor of their home over the property owned by Defendants Clark and Sherry Hsu (“The Hsus”). Plaintiffs, the Hsus and the Wangs are members of the Palos Verdes Homeowner's Association. (“PVHA”). The PVHA and its m...

Excerpt: ...endants' Demurrer is DENIED 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 (“SAC”) alleging cases of action for: (1) Specific Performance/Express Written Contract; (2) Specific Performance/Promissory Estoppel; (3) Specific Performance/Breach of Implied Co...