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: ...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: ...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: ...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 ...