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Judge: Rhodes, Randy x
2023.06.05 Motion for Terminating Sanctions 219
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2023.06.05
Excerpt: ...ing Plaintiffs' complaint and monetary sanctions against Plaintiffs and their counsel in the amount of $1,995.00. TENTATIVE RULING: The motion is denied. The Court defers the issue of monetary sanctions. Plamtiffs are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. VVhen e-filing documents, paraes must comply with the "TECHNICAL REQUIREMENTS" which are set forth at page 4, line 4 through page 5,...
2023.06.05 Motion for Summary Judgment 841
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2023.06.05
Excerpt: ...der the Opposition filed by the Defendants because at the time ofposting, the Court had not received the papers. The Opposition was not received until the time of the hearing. This is an expedited proceeding wherein standard filing deadlines are inapplicable. After reading and considering all papers submitted as well as the arguments of counsel, the Court makes the following order: The motion is DENIED. The Court is mindful that we are on the eve...
2023.06.01 Motion for Summary Judgment 841
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2023.06.01
Excerpt: ...three (3) days of this Order, damages in the amount of the fair market rental value of the property. TENTATIVE RULING: The unopposed motion is GuNTED. REQUEST FOR JUDICIAL NOTICE: Plaintiffs request for judicial notice is GuNTED. BACKGROUND This is a commercial unlawful detainer action. Plaintiff contends that on 8/20/18, the parties executed and entered into a commercial lease for the Property for a legal cannabis business. (Complaint 12-13.) Th...
2023.06.01 Demurrer, Motion to Strike to FAC 324
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2023.06.01
Excerpt: ...to the FAC is SUSTAINED. The motion to strike is moot DEFENDANT'S REQUEST FOR JUDICIAL NOTICE: Defendant's request for judicial notice is GRANTED in part as to Exhibit 1, Exhibit 2, and Exhibit 14 pursuant to Evidence Code S 452(d). Defendants request for judicial notice is DENIED as to Exhibits 3-13, 15, and to Exhibits A-C (submitted in Reply). BACKGROUND On 12/7/22, Plaintiffs Nicole Youssef and James Youssef filed this action against Defendan...
2023.06.01 Application for Writ of Possession 582
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2023.06.01
Excerpt: ...e Serial No. SCAXZOC07 L 0202256 with an approximate fair market value of $350,955.00. TENTATIVE RULING: The application for writ of possession is GELAN"TED. BACKGROUND On March 1, 2023, Plaintiff Financial Services Vehicle Trust ("Plaintiff) filed this action against Karen G. Berkibekyan ("Defendant'). The Complaint alleges that Defendant entered into a Motor Vehicle Lease Agreement on March 29, 2021 for a 2020 Rolls Royce Wraith motor vehicle, ...
2023.05.31 Motion to Compel Further Discovery Responses, for Monetary Sanctions 282
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2023.05.31
Excerpt: ...F REQUESTED: An order compelling Defendants to sewe further responses to Plaintiffs Special Interrogatories. Plaintiff further requests that the Court order monetary sanctions against Defendants and their counsel in the amount of $3,375.00. TENTATIVE RULING: The motion is placed off calendar. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil.LWhen e-filing documents, parties must co...
2023.05.31 Motion for Attorney Fees 152
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2023.05.31
Excerpt: ...he amount of $29,236.91. TENTATIVE RULING: The motion is granted in part. Plaintiffs are awarded $20,070.00 in attorney fees and Sl,741.91 in costs. EVIDENTIARY OBJECTIONS: Defendant's evidentiary objection Nos. 1-7 are sustained. Plamtiffs are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil.LWhen e-filing documents, parties must comply with the "TECHNICAL REQUIREMENTS" which are set forth at pag...
2023.05.30 Demurrer, Motion to Strike 390
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2023.05.30
Excerpt: ... strike is denied. Defendant shall file and serve his answer to Plaintiffs fourth amended complaint mthin 30 calendar days. Plaintiffs request for judicial notice is granted. DEMURRER Meet-and-Confer Counsel has satisfied the prelimmaty meet and confer requirements of Code of Civil Procedure section 430.41, subdivision (a). An Plamtiff alleges in his second cause of action that Defendants, including the moving party here, committed neglect and ph...
2023.05.26 Motion for Summary Judgment 981
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2023.05.26
Excerpt: ...adjudication in favor of Bomel and against Plaintiff TENTATIVE RULING: The motion is granted as to Plaintiffs eighth cause of action and denied as to the remaining causes of action. EVIDENTIARY OBJECTIONS: Plaintiffs evidentiary objection Nos. 1 and 2 are overruled. Bomel's evidentiaty objection Nos. 3, 5, 6, 8, 18, and 22 are sustained, and Nos. 11, 12, 13, and 17 are overruled. BACKGROUND This action arises out of Plaintiffs allegation that he ...
2023.05.25 Motion for Terminating Sanctions 045
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2023.05.25
Excerpt: ...swer and re- enters default against him and imposes monetary sanctions agamst him in the amount of S 1,800.00. Plamtiff is reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filmg for Civil. VVhen e-filing documents, parties must comply with the "TECHNICAL REQUIREMENTS" which are set forth at page 4, line 4 through page 5, line 12 of the Courts 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Ci...
2023.05.25 Motion for Summary Judgment 981
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2023.05.25
Excerpt: ...ed. BACKGROUNDi This action arises out of Plaintiffs allegation that he was assaulted by a co-employee, nonmoving defendant loe Fileto on 5/22/19. (Third Amended Complaint ("TAC"), 30.) Fileto allegedly attacked Plamtiffwithout provocation and struck him repeatedly with a shovel while the tvvo were working on the construction of a parking structure at the California State University Northridge campus under the employment of nonmovmg defendant Bom...
2023.05.24 Demurrer, Motion to Strike 638
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2023.05.24
Excerpt: ..., and seventh causes of action in Tomiks Second Amended Cross-Complamt ("SAXC"). TENTATIVE RULING: The demurrer is overruled. The motion to strike is denied. Cross-Defendants to file their answers to Cross-Complainants Second Amended Cross-Complaint within 30 days. BACKGROUND This action arises out of an agreement entered bet•vveen BLK and Tomik for consulting services. Tomik alleges that on 8/25/20, BLK tendered her an offer letter of employme...
2023.05.24 Motion for Leave to File SAC 844
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2023.05.24
Excerpt: ...d complaint ("SAC"). TENTATIVE RULING: The motion is granted. Plaintiffs to file their second amended complaint as authorized below, wnthin 20 days of this hearmg. BACKGROUND Plamtiffs are owners of certain real property located at 23311 Happy Valley Drive, Santa Clarita, California. The property is adjacent to Defendant, Valley Oaks Village Center, a 55+ apartment complex located at 24700 Valley Street, Newhall, California. A number of non-indig...
2023.05.24 Motion to Compel Further Responses 462
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2023.05.24
Excerpt: ...ts ("RFPs"), Set one, Nos. 1, 2, 3, 7, 8, 15, 18, 23, 24, 30, 35, 38, 66, 76, 81, 82, 83, 84, 85, and 89. Plaintiff also requests monetary sanctions agamst Defendant in the amount of $5,940.00. TENTATIVE RULING: The motion is granted. Defendant to provide further code-compliant responses to Plaintiffs first setof RFPs, Request Nos. 1, 2, 3, 7, 8, 15, 18, 23, 24, 30, 35, 38, 66, 76, 81, 82, 83, 84, 85, and 89 within 30 days. The Court imposes sanc...
2023.05.23 Motion to Strike or Tax Costs 772
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2023.05.23
Excerpt: ...RULING: The motion is denied. Defendants' request for judicial notice is granted. BACKGROUNDi On 10/31/22, the jury trial commenced, and on 11/4/22, the jury returned its verdict as to the sole issue of Plaintiffs damages. The juty awarded Plaintiff SO for past economic and non-economic damages, and the judgment was entered on 12/5/22. On 1/3/23, Defendants filed and sewed their Memorandum of Costs (Summary). On 3/1/23, the Court denied Plaintiff...
2023.05.23 Motion for Summary Judgment 802
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2023.05.23
Excerpt: ...endant and against Plaintiffs. TENTATIVE RULING: The motion is granted. REQUEST FOR JUDICIAL NOTICE: Plaintiffs' request for judicial notice is denied. EVIDENTIARY OBJECTIONS: Plamtiffs' evidentiaty objections are overruled. Defendant's evidentiary objections to the Declaration of Nicki Zvick Nos. 1, 3, 4, and 10 are sustained. Defendant's evidentiaty objections to the Declaration of Shay Yavor Nos. 1, 3, 4, and 9 are sustained. BACKGROUNDi This ...
2023.05.19 Demurrer 565
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2023.05.19
Excerpt: ...K RELIEF REQUESTED: Moving Defendant demurs to the first, third, fourth, fifth, sixth, and seventh causes of action in Plaintiffs first amended complaint ("PAC"). TENTATIVE RULING: The demurrer is sustained without leave to amend as to Plaintiffs first, third, and seventh causes of action, and sustained with 20 days leave to amend as to Plaintiffs fourth, fifth, and sixth causes of acti on. Plaintiff is reminded to review the 5/3/ 19 First Amende...
2023.05.18 Motion to Compel Arbitration 552
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2023.05.18
Excerpt: ...o submit their claims to arbitration; and (2) staymg this action pending the outcome of the arbitration. TENTATIVE RULING: The motion is denied. Defendants request for judicial notice is granted. BACKGROUND Plamtiffs bring this action under the Song-Beverly Consumer Warranty Act (Civil Code S 1790 et seq.) for a vehicle they purchased on or around 1/22/17, for which Defendant issued the manufacturer's express warranty. (Compl. 4, 14.) Plaintiffs ...
2023.05.16 Demurrer 230
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2023.05.16
Excerpt: ...intiffs entire complaint TENTATIVE RULING: The demurrer is overruled. Defendant shall file and sewe an answer to Plaintiffs complaint within 30 days. REQUEST FOR JUDICIAL NOTICE: Defendants request for judicial notice is granted. Plaintiffs request for judicial notice is granted. EVIDENTIARY OBJECTIONS: Plaintiffs evidentiary objections are overruled. BACKGROUND Factual This is a quiet title action wherein Plaintiff is a religious organization op...
2023.05.15 Motion to Compel Arbitration 453
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2023.05.15
Excerpt: ...or the consumer protection and warranty laws of the State of California." (Compl. 5.) Plamtiffs further allege that Defendant had actual knowledge of a transmission defect in the same model of vehicle as that purchased by Plaintiffs and continued to knowmgly market and sell/lease vehicles equipped with the defect while concealing the existence of those defects from consumers such as On 12/20/22, Plaintiffs filed their complaint alleging against D...
2023.05.15 Motion for Judgment on the Pleadings 883
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2023.05.15
Excerpt: ...s well as personal properw." (Ibid.) On 4/26/22, Plaintiff filed her complaint against Defendants, alleging a sole cause of action for General Negligence. On 7 /13/22, Defendants filed their answer. On 9/7 /22, Defendants filed their original motion for judgment on the pleadings based on the premise that Plaintiffs action is time-barred by the applicable statute of limitations. On 10/5/22, Plaintiff filed her opposition. On 10/20/22, Defendants f...
2023.05.10 Motion to Strike 136
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2023.05.10
Excerpt: ...ah Madrigal (a mmor) (collectively, "Plaintiffs") NOTICE: 0K RELIEF REQUESTED: Defendant moves to strike all references to punitive damages in Plaintiffs' complaint. TENTATIVE RULING: The motion is denied. Defendant shall file and serve an answer to Plaintiffs' complaint within 30 days of this hearing date. BACKGROUNDi This is a landlord-tenant dispute in which Plaintiffs, tenants of certain property located at 20900 W. Costa Brave, No. 39-204, S...
2023.05.10 Motion for Summary Judgment 369
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2023.05.10
Excerpt: ...ting summary judgment in favor of Movmg Defendant and agamst Plaintiffs.i TENTATIVE RULING: The unopposed motion is granted. BACKGROUND This is a wrongful death and survival action brought by Plaintiffs, individually, as heirs to decedent Sonia Martinez ("Decedent"), and as co-executors of Decedent's estate. On 5/21/20, Decedent was struck by a vehicle and sustained fatal injuries while she was crossing Pico Canyon Road in the unincorporated area...
2023.05.09 Motion to Strike 082
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2023.05.09
Excerpt: ...an, an individual (collectively, "Plaintiffs") NOTICE: 0K RELIEF REQUESTED: Defendants move to strike the prayer for punitive damages in Plaintiffs' first amended complaint ("FAC"). TENTATIVE RULING: The motion is denied. Defendants shall file and serve an answer to Plaintiffs' FAC within 30 days of this hearing date. BACKGROUNDi This is a personal injury action in which Plaintiffs were the driver and passenger of a Chevrolet vehicle which was al...
2023.05.08 Demurrer 093
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2023.05.08
Excerpt: ...econd cause of action in Plaintiffs complaint. TENTATIVE RULING: The demurrer is OVERRULED. BACKGROUNDi Plamtiffs allege that on 1/14/22, plaintiff Karey Kibbe ("Karen sustained injuries from a slip- and-fall while attending an annual Unecology examination at defendant Facey Medical Group's ("Face" medical facility in Valencia, CA. (Compl. 14-15.) Plaintiffs allege that Karey/s injuries were caused by Defendants' "failure to provide a step, step ...

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