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: ...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...