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,...

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...

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...

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...

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, ...

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...

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...

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...

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 ...

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...

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...

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...

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...

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...

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...

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 ...

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...

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 ...

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...

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...

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...

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...

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...

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...

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 ...

Excerpt: ...nt to provide further responses to Plaintiffs Request for Production of Documents, Set 3, Nos. 67-79. Plaintiff also requests monetary sanctions against Defendantin the amount of S2,822.50. REQUEST FOR JUDICIAL NOTICE: Defendant's request for judicial notice is GRANTED. TENTATIVE RULING: The motion is granted in part. Defendant is ordered to reproduce responsive documents Bates stamped SOWERS 00146-00371, 00546-00585, 002163-002197 with business ...

Excerpt: ...TATIVE RULING: The demurrer is overruled as to Plaintiffs first cause of action and sustained as to Plamtiffs second and third causes of action with 20 days leave to amend. The motion to strike is denied in part, and moot in part BACKGROUNDi Plamtiff alleges that on or around 6/1/22, Defendant stole Plaintiffs 2015 Chew Silverado ("Subject Vehicle"). (Compl. 4—5.) Plaintiff allegedly recovered possession of the Subject Vehicle in October 2022 w...

Excerpt: ...mended complaint ("FAC"). Defendant also seeks an order striking Plaintiffs' prayer for pumtive damages. TENTATIVE RULING: The demurrer is overruled, and the motion to strike is denied. Defendants shall file and serve an answer to Plaintiffs' complaint wnthin 30 days. BACKGROUND: On 5/4/18, Plaintiffs allegedly purchased a vehicle manufactured by Defendant, and now bring this action under the Song-Beverly Consumer Warranty Act (Civil Code 5 1790 ...

Excerpt: ...omplaint Defendant also seeks an order strikmg Plaintiffs' prayer for punitive damages. TENTATIVE RULING: The demurrer is overruled, and the motion to strike is denied. Defendants shall file and serve an answer to Plaintiffs' complaint wnthin 30 days. BACKGROUNDi On 7 /17/22, Plaintiffs allegedly purchased a vehicle manufactured by Defendant, and now bring this action under the Song-Beverly Consumer Warranty Act (Civil Code 5 1790 et seq.), alleg...

Excerpt: ...ty action wherein Plaintiff alleges that a defective ventriculoperitoneal brain shunt device ("CERTAS valve") was placed in her, which later caused her to develop hydrocephalus and bram injuries. (Compl. 11.) On 8/27/19, Plaintiff filed her complamt against defendants Providence Health System Southern California; Providence Holy Cross Medical Center; DePuy Synthes Products, Inc.; Integra LifeSciences Corporation; and Johnson & Johnson, Inc„ ass...

Excerpt: ...rsons acting under, in concert with, or for them from engaging in, committmg or performing directly or indirectly the following act during the pendency of this action: construction of an Accessory Dwelling Unit ("ADU") on the real properV owned by Defendants located at 21925 Placentos Boulevard, Newhall, California 91321. TENTATIVE RULING: Plaintiffs request for a preliminary injunction is denied. REQUEST FOR JUDICIAL NOTICE: Plaintiffs request f...

Excerpt: ... days leave to amend, and overruled as to the remaining causes of action. Defendant is 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, line 12 of the Courts 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil (particularly bookmarking declar...

Excerpt: ...uses of action. BACKGROUND Plamtiff is a medical patient who alleges that in or around October 2013, his treating physician, nonmoving defendant Gregory Castillo, MD ("Castillo"), sexually assaulted Plaintiff during a standard physical examination at Defendants medical care center in Valencia, CA (Compl. 41—43.) On 11/22/22, Plaintiff filed his complaint against both Defendants, alleging the following causes of action: (1) Sexual Battery; (2) S...

Excerpt: ... in its favor and against Plaintiff Stefanie Gabler. RULING: The unopposed motion is granted. On August 27, 2019, Plaintiff Stefanie Gabler filed this action against multiple defendants, including Moving Defendant Providence Holy Cross Medical Center (“PHCMC”), asserting a cause of action for medical negligence, which arose from an injury she discovered and underwent surgery for on September 5, 2016. In the Complaint, plaintiff alleges that P...

Excerpt: ...emptory Challenge to Judicial Officer (CCP § 170.6). RULING: The motion for reconsideration is denied. Background On December 8, 2022, Plaintiff Southern California Nevada Conference United Church of Christ (“Plaintiff,” also referred to as “Conference” in the Complaint) filed this action against Defendants The Congregational Church of Chatsworth (the “Church”), Does 1 through 10 (i.e., all persons unknown claiming any right, title, ...

Excerpt: ...ranty 3. Violation of the Song-Beverly Act Section 1793.2 4. Fraud – Fraudulent Inducement – Fraudulent Concealment RELIEF REQUESTED IN MOTION TO STRIKE: An order striking the request for punitive damages. RULING: The demurrer is sustained with 20 days leave to amend as to the 4 th cause of action. The motion to strike is denied as moot. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiffs Luis Alberto Becerra Gutierrez ...

Excerpt: ...zalez; Jackeline Gonzalez (a minor); and Nathaly Gonzalez (a minor) (collectively, “Plaintiffs”) NOTICE: OK RELIEF REQUESTED: Defendants demur to Plaintiffs' entire complaint. Defendants also seek an order striking provisions of the complaint relating to punitive damages and attorney fees. TENTATIVE RULING: The demurrer is sustained. The motion to strike is granted. Plaintiffs are granted 20 days leave to amend the complaint to cure the defec...

Excerpt: ...ce is denied. I. BACKGROUND Plaintiff alleges that he was injured by the content of the film “Avatar: The Way of Water” (“Avatar 2”), which he viewed on 12/16/22. On 12/19/22, Plaintiff filed his complaint against Defendant, an entertainment trade association. On 2/3/23, Defendant filed the instant demurrer. On 2/14/23, Plaintiff filed his opposition. On 3/30/23, Defendant filed its reply. II. ANALYSIS Meet‐and‐Confer Before filing it...

Excerpt: ...erefore dismissed. I. BACKGROUND Plaintiff alleges that he was injured as a result of a dangerous condition on property associated with Defendant, a homeowner's association. On 10/11/22, Plaintiff filed his original complaint, alleging against Defendant the sole cause of action for dangerous condition on property. On 11/29/22, Defendant filed a demurrer to Plaintiff's original complaint, which the Court granted on 1/18/23 with 30 days leave to am...

Excerpt: ...endant's requests for judicial notice (RIN) are granted. BACKGROUND On 3/7/19, Plaintiff purchased a townhouse located at 18505 Mayall Street #D, Northridge, California 91324 from Defendant for investment purposes. (Compl., 2). However, defendants allegedly failed to disclose that renting the property was prohibited for the first fivo years of ownership and restricted thereafter. (Compl., 1, 26.) On 3/4/21, Plaintiff filed his complaint against d...

Excerpt: ... Plaintiffs entire first amended complaint ("PAC"). Defendants also seek an order striking provisions of the PAC relating to punitive damages and attorney fees, and Plaintiffs fourth cause of action. TENTATIVE RULING: The demurrer is sustained as to the fourth cause of action in Plaintiffs PAC, and overruled as to the first second, and third causes of action. The motion to strike is denied. Plaintiff is granted 20 days leave to amend the FAC to c...

Excerpt: ...further requests that the Court order monetary sanctions against Plaintiff in the amount of $1,701.50. TENTATIVE RULING: The motion is granted. The Court deems each of Defendant's RFAs, Set One as admitted. The Court imposes sanctions against Plaintiff in the amount of $500.00. The parties 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 "...

Excerpt: ...Defendants. TENTATIVE RULING: The motion is granted. Cross-Complainant to submit its default judgment package agamst Cross-Defendants within 10 days. BACKGROUND This action arises out of a construction project for residential home renovations that was to be performed at the property located at 11457 Delano St„ North Hollywood, California 91606. However, the project was abruptly abandoned after significant payments had been made under the contra...

Excerpt: ...eminded 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, line 12 of the Courts 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil (particularly bookmarking declarations and exhibits). (CRC Failure to comply with these requirements in the future may r...

Excerpt: ...ys leave to amend. The demurrer is overruled as to Plaintiffs eighth cause of action. Plaintiffs request for judicial notice is denied. BACKGROUND This action arises out of three business loans extended by Plaintiff to Moving Defendant Plaintiff allegedly entered into three separate loan agreements with Movmg Defendant on 7 /26/19, 5/14/20, 11-19.) Plamtiff alleges that Movmg Defendant breached the loan and securiv agreements among other things, ...

Excerpt: ... arbitration. TENTATIVE RULING: The motion is granted. REQUEST FOR JUDICIAL NOTICE Defendants' request for judicial notice is denied. Plaintiff's request for judicial notice is granted. BACKGROUND Plaintiff brings this action under the Song-Beverly Consumer Warranty Act (Civil Code § 1790 et seq.) for a used vehicle he purchased on or around 9/29/20, for which defendant Mercedes-Benz USA, LLC (“MBUSA”) provided the manufacturing warranty. De...

Excerpt: ...th causes of action, with 20 days leave to amend. The demurrer is overruled as to Plaintiff's eighth cause of action. Plaintiff's request for judicial notice is denied. BACKGROUND This action arises out of three business loans extended by Plaintiff to nonmoving defendant Topolewski America, Inc. (the “Company”). Plaintiff allegedly entered into three separate loan agreements with the Company on 7/26/19, 5/14/20, and 7/12/21, each secured by v...

Excerpt: ...result of a dangerous condition on property associated with Defendant, a homeowners association. On 10/11/22, Plaintiff filed his complaint, alleging against Defendant the sole cause of action for dangerous condition on property. On 11/29/22, Defendant filed its demurrer, which the Court sustained on 1/18/23 with leave to amend. On 1/18/23, Plaintiff filed his first amended complaint (“FAC”), On 1/20/23, Plaintiff filed the instant motion. On...

Excerpt: ...king a provision of the complaint relating to punitive damages. ¿ TENTATIVE RULING: The demurrer is sustained as to Plaintiffs' third, fourth, fifth, seventh and eighth causes of action, and overruled as to the second cause of action. The motion to strike is denied. Plaintiffs are granted 20 days leave to amend the complaint to cure the defects set forth herein. BACKGROUND¿ Plaintiffs bring this action alleging personal injury and monetary dama...

Excerpt: ...e second amended complaint (“SAC”). TENTATIVE RULING: The demurrer is overruled. Moving Defendant's Request for Judicial Notice (RJN) is granted as to Nos. 1, 4, 6, 7, 9, and 15, and denied as to Nos. 2, 3, 5, 8, 11, and 14. At the outset, both D's demurrer and RJN are somewhat unintelligible – with regard to the RJN, D has not made any argument that any of the materials attached thereto should be judicially noticed. Moreover, the exhibits ...