Excerpt: ...and John Doe 10, an individual (collectively, “Plaintiffs”) NOTICE: OK RELIEF REQUESTED: Defendant demurs to Plaintiffs' entire first amended complaint (“FAC”). Defendant also seeks an order striking several phrases in the FAC as improper, false, and/or irrelevant, in addition to provisions relating to punitive damages. ¿ TENTATIVE RULING: The demurrer is sustained as to Plaintiffs' ninth cause of action, and overruled as to the remainin...

Excerpt: ...entative PAGA claims on behalf of other allegedly aggrieved employees. TENTATIVE RULING: The motion is: (1) moot as to Plaintiff's individual PAGA claims; and (2) deferred as to Plaintiff's remaining representative claims pending the outcome of Adolph v. Uber Technologies, Case No. S27467. BACKGROUND Plaintiff, a former employee of Defendant, brings this Private Attorney General Act (“PAGA”) action in a representative capacity on behalf of th...

Excerpt: ...is is an unlawful detainer action in which Plaintiff seeks to recover from Defendant overdue rent totaling $37,500.00, plus fees. (Compl. ¶ 19.) On 6/1/22, Plaintiff filed its complaint against Defendant. On 9/29/22, Defendant filed its answer. On 1/9/23, the jury trial commenced, and on 1/12/23, the jury returned its verdict for Plaintiff and against Defendant in the total amount of $194,375. The judgment was entered on 1/18/23. On 2/2/23, Defe...

Excerpt: ...st amended complaint (“FAC”) without leave to amend. RECOMMENDED RULING: The demurrer is sustained without leave to amend. BACKGROUND Plaintiffs are members of the LGBTQ community who are registered under the California “Safe at Home” program, as set forth in Government Code section 6205 et seq., which, inter alia, provides survivors of domestic violence with confidentiality in their names and addresses. (FAC ¶¶ 4, 6.) On or about 9/9/2...

Excerpt: ... One. Defendant further requests that the Court order monetary sanctions against Plaintiff in the amount of $760.00. TETATIVE RULING: The motion is granted. Plaintiff is ordered to serve responses to Defendant's RFPs, Set One within 20 days. The Court imposes sanctions against Plaintiff in the amount of $100.00. BACKGROUND Plaintiff alleges that he was injured as a result of a dangerous condition on property associated with Defendant, a homeowner...

Excerpt: ...aintiff seeks a partition by sale of certain real property he co- owns with defendants Myrna Mancia (Plaintiff's ex-wife) and Carlos E. Mancia (Plaintiff's son) (collectively, “Defendants”), located at 12855 Vaughn Street, San Fernando CA 91340. On 5/10/22, Plaintiff filed his complaint against Defendants for the sole cause of action of Partition. On 1/3/23, after this Court set aside Defendant's default, Defendant filed the instant demurrer....

Excerpt: ...d complaint (“SAC”), in addition to Plaintiff's second, third, fourth, and fifth causes of action therein. ¿ TENTATIVE RULING: The demurrer is sustained as to Plaintiff's second cause of action, and overruled as to Plaintiff's third, fourth, and fifth causes of action. Plaintiff is granted 20 days leave to amend. Plaintiff's request for judicial notice is denied. BACKGROUND¿ On 1/24/17, the related action Boston Private & Trust Company v. M...

Excerpt: ...requests that the Court order monetary sanctions against Plaintiff in the amount of $760.00. ¿ TENTATIVE RULING: The motion is granted. Plaintiff is ordered to serve responses to Defendant's Form Interrogatories, Set One within 20 days. The Court imposes sanctions against Plaintiff in the amount of $100.00. ¿ BACKGROUND¿ Plaintiff alleges that he was injured as a result of a dangerous condition on property associated with Defendant, a homeowne...

Excerpt: ... an individualized basis; (2) dismissing the representative PAGA claims on behalf of other allegedly aggrieved employees; and (3) staying further proceedings in this action pending the outcome of arbitration. TENTATIVE RULING: The motion is granted in part. Plaintiff is ordered to submit his individual PAGA claim to arbitration pursuant to the arbitration agreement. The Court defers the issue of dismissal of Plaintiff's representative claims pend...

Excerpt: ...red on 12/5/22, on the jury's special verdict, and to enter judgment notwithstanding the verdict on issue of damages in favor of Plaintiff, or, in the alternative, for a new trial on the issue of damages or additur. TENTATIVE RULING: Plaintiff's motion is denied. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQ...

Excerpt: ... Request for Production of Documents (“RFPs”), Set One. Plaintiff also requests monetary sanctions against Defendant in an amount to be determined. Defendant requests in opposition sanctions against Plaintiff in the amount of $1,750.00. TENTATIVE RULING: Plaintiff's motion is denied. The Court imposes sanctions against Plaintiff in the amount of $750.00. The parties are again reminded to review the 5/3/19 First Amended General Order Re Mandat...

Excerpt: ... demur to Plaintiff's entire first amended complaint (“FAC”). Defendants also seek an order striking Plaintiff's first, second, and third causes of action, and any references to punitive damages and attorney fees. ¿ TENTATIVE RULING: Defendants' motion to strike is granted without leave to amend. The demurrer and request for judicial notice are moot. BACKGROUND¿ Plaintiff owns/owned certain real property located at 12436 Longacre Ave, Grana...

Excerpt: ... ¿ TENTATIVE RULING: The motion is granted. Moving Defendant is reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When 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 Court's 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil (particularly bookmarking declarations and exhibi...

Excerpt: ...ranted. BACKGROUND This action arises out of Plaintiff's allegation that he was assaulted by a co-employee, defendant Joe Fileto on 5/22/19. (Third Amended Complaint (“TAC”), ¶ 30.) Fileto allegedly attacked Plaintiff without provocation and struck him repeatedly with a shovel while the two were working on the construction of a parking structure at the California State University Northridge campus under the employment of defendant Bomel Cons...

Excerpt: ...mplaint (“SAC”). TENTATIVE RULING: The demurrer is overruled. REQUESTS FOR JUDICIAL NOTICE Moving Defendant's Request for Judicial Notice (RJN) is granted. Plaintiff's RJN is granted. I. BACKGROUND This quiet title action arises out of a dispute over certain property located at 28212 Kelly Johnson Parkway, Santa Clarita, California 91355 (the “Subject Property”). Title to the Subject Property is vested in Plaintiff. Defendant Krupe Indust...

Excerpt: ...he Gesner L. Martin Living Trust v. Sayra Alvarado et al. (Case No. 20CHCV00303) (“Alvarado Action”). TENTATIVE RULING: The motion is denied. BACKGROUND Instant Action On 3/24/20, Plaintiff entered into a month-to-month lease agreement with Defendant for certain premises located at 11967 Adelphia Street, Pacoima, California 91331. According to Plaintiff, Defendant took “premature possession” of the premises on 3/28/20, and blocked Plainti...

Excerpt: ...th, sixth, seventh, and eighth causes of action against Tobo in the City's First Amended Cross-Complaint (“FAXC”). TENTATIVE RULING: The motion is denied. EVIDENTIARY OBJECTIONS: None. REQUEST FOR JUDICIAL NOTICE: Tobo's Request for Judicial Notice (RJN) is granted. The City's RJN is granted. BACKGROUND On an unspecified date in 1989, Manuel Santana purchased certain property at 24522 Spruce Street in Santa Clarita. The property is identified...

Excerpt: ...LING: The motion is granted. BACKGROUND Plaintiffs bring this action under the Song-Beverly Consumer Warranty Act (Civil Code § 1790 et seq.) for a vehicle they purchased on or around 3/20/14, for which Moving Defendant provided the manufacturing warranty. Plaintiffs allege that certain vehicle defects manifested during the warranty period “including but not limited to, the electrical system; the engine; the transmission.” (Compl. ¶ 15.) On...

Excerpt: ...sentative PAGA claims on behalf of other allegedly aggrieved employees. TENTATIVE RULING: The motion is granted in part. Plaintiff is ordered to submit his individual PAGA claim to arbitration pursuant to the arbitration agreement. The Court defers the issue of dismissal of Plaintiff's representative claims pending the outcome of Adolph v. Uber Technologies, Case No. S27467. BACKGROUND Plaintiff, a former employee of Defendant, brings this Privat...

Excerpt: ...ices to Anahit Nazaretyan and Garnik Hakobyan; (2) Defendant/Defendant's counsel to produce the deponents to appear for their depositions; and (3) sanctions against Defendant and/or Defendant's counsel in the total amount of $5,723.30. TENTATIVE RULING: The motions are granted. Defendant is ordered to accept service of the deposition subpoenas/notices on behalf of Anahit Nazaretyan and Garnik Hakobyan, and produce the witnesses to be deposed with...

Excerpt: ...p Call Center, LLC. a California limited liability company; Rapid Phone Center, LLC., a California limited liability company; Global Naturals Manufacturing, Inc., a California corporation; GSCM Ventures, Inc., a California corporation; Pacific Naturals, Inc., a California corporation; Nextgen Marketplace, Inc., a California corporation; Rapid Fulfillment, LLC., a California limited liability company; Online Shipping Insurance Services, Inc., a Ca...

Excerpt: ...“Defendants”) NOTICE: ok¿ RELIEF REQUESTED: An order granting summary judgment against defendants Lemus and Lopez, and default court judgment against defendant Platinum, in favor of Plaintiff on its Complaint. Alternatively, Plaintiff moves for summary adjudication of issues. TENTATIVE RULING: The motion is continued. BACKGROUND This is a collections action wherein Plaintiff is a corporation that provides workers' compensation and employers'...

Excerpt: ...e further responses to Defendant's Form Interrogatories, Set One. Defendant further requests that the Court order monetary sanctions against Plaintiff in the amount of $6,660.00. TENTATIVE RULING: The motion is granted. Plaintiff is ordered to serve supplemental responses to Defendants' Form Interrogatories, Set One within 20 days. The Court imposes sanctions against Plaintiff in the amount of $500.00. Defendant is reminded to review the 5/3/19 F...

Excerpt: ...fendants also seek an order striking portions of the complaint relating to certain monetary damages sought. TENTATIVE RULING: The demurrer is OVERRULED as to Plaintiff's first, fifth, seventh, and eighth causes of action, and SUSTAINED as to Plaintiff's third, fourth, and sixth causes of action, with 20 days leave to amend. Defendants' motion to strike is GRANTED as to the portions of the complaint pertaining to pre-foreclosure monetary relief, a...

Excerpt: ...in 10 days of this hearing. Additionally, Defendant requests sanctions against Plaintiff and/or Plaintiff's counsel in the amount of $5,115.00. TENTATIVE RULING: The motion is granted. Plaintiff is ordered to produce its Person Most Qualified to be deposed and to produce the documents specified in the deposition notice, on or before 1/31/23. The Court defers the issue of sanctions at this time. BACKGROUND: Plaintiff is the governing homeowners' a...

Excerpt: ...s further request that the Court order monetary sanctions against Plaintiff in the amount of $3,500.00. TENTATIVE RULING: The motion is granted. Plaintiff is ordered to serve responses to Defendants' Form Interrogatories, Set One within 20 days. The Court imposes sanctions against Plaintiff in the amount of $1,000.00. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing ...

Excerpt: ...determination of its settlement with Plaintiff, or, alternatively, 60 days leave to complete further discovery as to Plaintiff's alleged damages.¿ TENTATIVE RULING: The motion is denied. Moving Defendant's evidentiary objections are overruled. BACKGROUND This indemnity action arises out of underlying claims for construction defects and delays. Nonparty Beach Home Life, LLC filed a demand for arbitration against Plaintiff Forza Construction Inc. ...

Excerpt: ...was injured as a 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 the instant demurrer. On 12/27/22, Plaintiff filed his opposition. On 12/30/22, Defendant filed its reply. II. ANALYSIS Meet‐and‐Confer Before filing its demurrer, “the...

Excerpt: ...ded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When 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 Court's 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil (particularly bookmarking declarations and exhibits). (CRC 3.1110(f)(4).) Failure to comply with these requirements in ...

Excerpt: ...y file his opposition papers to Responding Defendant's motion for summary judgement, which are attached to the motion, within 10 days of this hearing. Responding Defendant's request for attorney fees is denied. BACKGROUND On 3/7/19, Plaintiff purchased a townhouse in Northridge, California, for investment purposes. (Compl., ¶ 2). However, defendants allegedly failed to disclose that renting the property was prohibited for the first two years of ...

Excerpt: ...�SAC”). TENTATIVE RULING: The demurrer is overruled. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When 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 Court's 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil (particularly bookmarking declarations and ...

Excerpt: ...t Plaintiffs. TENTATIVE RULING: The motion is granted. Defendants must separately file the Cross-Complaint. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When 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 Court's 5/3/19 First Amended General Order Re Mandatory Electronic Filing ...

Excerpt: ...ned with 30 days leave to amend. Defendant's request for judicial notice is granted as to Exhibits A, C, and D, and denied as to Exhibit B. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When 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 Court's 5/3/19 First Amended General Order...

Excerpt: ...w the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When 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 Court's 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil (particularly bookmarking declarations and exhibits). (CRC 3.1110(f)(4).) Failure to comply with these requirements in the future m...

Excerpt: ... Defendants; and (b) compelling Plaintiffs' claims against Moving Defendants to be submitted to mediation and, if not resolved, to binding arbitration. TENTATIVE RULING: The motion is granted, and the action is stayed pending the outcome of arbitration. Moving Defendants' request for judicial notice is granted. BACKGROUND Plaintiffs are members of the LGBTQ community who are registered under the California “Safe at Home” program, as set forth...

Excerpt: ...Moving Defendants and against Plaintiffs as to Plaintiff's complaint and Defendant/Cross-Complainant James He's cross-complaint. TENTATIVE RULING: The motion is denied. EVIDENTIARY OBJECTIONS: Moving Defendants' objections to Plaintiff's Undisputed Material Fact numbers 32, 39, 41, and 42 are sustained. REQUEST FOR JUDICIAL NOTICE: Moving Defendant's Request for Judicial Notice (RJN) is granted as to Exhibits 1–18 and 21. Defendant's RJN is den...

Excerpt: ... amount of $2,355.00. TENTATIVE RULING: Plaintiff's motion is granted. Defendants are ordered to make the subject equipment available for inspection within 30 days of this order. The Court imposes sanctions against Defendants in the amount of $1,000.00. BACKGROUND This action arises out of three business loans extended by Plaintiff to defendant Topolewski America, Inc. (the “Company”). Plaintiff allegedly entered into three separate loan agre...

Excerpt: ...ed complaint (“FAC”). Moving Defendants also seek an order striking portions of the FAC relating to attorney fees and punitive damages. TENTATIVE RULING: The demurrer is SUSTAINED as to the third and fourth causes of action in Plaintiff's FAC, with 30 days leave to amend. The demurrer is OVERRULED as to Plaintiff's second cause of action. Moving Defendants' motion to strike is GRANTED. I. BACKGROUND On 7/10/21, Plaintiff agreed to purchase 20...

Excerpt: ...s' 10/20/22 Deposition Subpoena for Production of Business Records, directed to CT Corporation System, and for monetary sanctions and expenses in the amount of $3,525.00 against Plaintiffs and their attorney. TENTATIVE RULING: Moving Defendant's motion to quash is denied. Moving Defendant's motion for protective order and request for sanctions are denied. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Elect...

Excerpt: ...enied. Plaintiff's request to submit the matter to binding arbitration is denied. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When 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 Court's 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil (particularly bo...

Excerpt: ...preclude evidence and/or reference to punitive damages and Defendants' financial condition during the liability phase of trial. TENTATIVE RULING: The motion is off calendar. BACKGROUND This is an action by the owner of a condominium unit against the homeowners' association (HOA), the HOA's counsel, and others. The operative Second Amended Complaint, filed on 9/9/20, contains the following causes of action: (1) breach of governing documents, (2) b...

Excerpt: ...pelling Defendant to sit for her deposition within 30 days from the date of this hearing. TENTATIVE RULING: The motion is denied in part. Defendant is ordered to appear for the taking of her deposition on or before 2/3/23. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page ...

Excerpt: ...d. Plaintiff's pregnancy proceeded normally until Defendant became concerned with her high blood pressure and increased risk of stroke. In August 2016, Defendant recommended on three separate occasions that Plaintiff undergo induction, and she ultimately agreed to be induced on August 15 if she had not gone into labor by that date. On the evening of August 14, Plaintiff went into labor, and went to the hospital early the next morning. By the time...

Excerpt: ...aint. TENTATIVE RULING: The demurrer is sustained with 20 days leave to amend. BACKGROUND This action arises out of the alleged breach of two contracts entered into between Plaintiff and Defendants, wherein Plaintiff was to provide computer networking services to Moving Defendant, with the assistance of non-moving defendant Cabling Solutions Group, LLC (“CSG”) as its subcontractor. (Compl. ¶ 8.) Plaintiff alleges that Defendants thereafter d...

Excerpt: ...e”). TENTATIVE RULING: The motion is denied. Plaintiff is awarded $1,000.00 in attorney fees. EVIDENTIARY OBJECTIONS: Defendant's evidentiary objections, numbered 2, 4, and 5, to the Declaration of Jeffrey B. Endler, are sustained. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set for...

Excerpt: ...nied. EVIDENTIARY OBJECTIONS: Plaintiff's evidentiary objections to the deposition transcript of Dale Rodin, numbered 2 and 5, are sustained. Plaintiff's evidentiary objections to the declaration of Aram Touloumdjian, numbered 4–6, 11– 13, 18, 23–24, 26, 28, 31–32, 35, 39, and 45, are sustained. Plaintiff's evidentiary objection number 21 is overruled. Plaintiff's evidentiary objections to the declaration of Defendant, numbered 1, 4, 7, 1...

Excerpt: ...nternational LLC. TENTATIVE RULING: Defendant's motion for summary judgment is granted. REQUEST FOR JUDICIAL NOTICE Defendant's Request for Judicial Notice (RJN) is granted as to Exhibits 1–13. Defendant's RJN is denied as to Exhibits 14–15. Plaintiff's RJN is granted as to Exhibits 1–42 and 47, and denied as to Exhibits 43–44 and 48–51. Defendant's objections to Plaintiff's RJN Exhibits 43–44 and 48–51are sustained. Defendant's obj...

Excerpt: ...d civil action. TENTATIVE RULING: The motion is denied. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil.¿When 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 Court's 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil (particularly bookmarking declarations an...

Excerpt: ...efendants' motion to quash service of process is denied. Defendants' request to dismiss the action for inconvenient forum is denied. Plaintiff's request for judicial notice is granted. BACKGROUND This action arises out of three business loans extended by Plaintiff to 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 secure...

Excerpt: ...it to binding arbitration before Hon. Charles G. Rubin. RECOMMENDED RULING: Plaintiff's motion is DENIED. BACKGROUND This is an action in which Plaintiff sues her ex-husband, defendant Richard Fuess, and his sister, defendant Mary Kinzel for quiet title. Plaintiff alleges that she held title to certain real property located at 42135 San Francisquito Canyon Road, Santa Clarita, CA 91390 (the “Property”). (Compl. ¶ 12.) The Property was purcha...