Excerpt: ...nt of $20,074.29 . TENTATIVE RULING: The motion is granted. Plaintiff is awarded $20,074.29 in attorney fees and costs. BACKGROUND Plaintiff brings this action under the Song -Beverly Consumer Warranty Act (Civil Code § 1790 et seq.) for a vehicle he purchased from defendant Second Motor Group of Valencia, LLC on or around 4/2/22, financed by defendant Mercedes -Benz Financial Services USA, LLC , and for which defendant Mercedes -Benz USA, LLC i...

Excerpt: ...D: An order vacating the default judgment entered against Defendant and granting Defendant leave to file her proposed cross -complaint. TENTATIVE RULING: The motion is denied. BACKGROUND This is a contract action in which Plaintiff alleges that on 3/1/18, it entered into a commercial lease agreement with Defendants for certain premises located at 8440 Balboa Blvd., Suite 106, Los Angeles, CA 91325. Plaintiff brings the instant action again st Def...

Excerpt: ...lifornia demur against the third cause of action in Plaintiff's first amended complaint (“FAC”). Defendant Henry Mayo Newhall Memorial Hospital demurs against the entire FAC. TENTATIVE RULING: Both demurrers are sustained with 30 days leave to amend. The Plaintiff's late filed opposition was not considered. BACKGROUND This is a medical malpractice action in which Plaintiff alleges that on 4/26/22, during a colectomy procedure, his doctor, Def...

Excerpt: ...F REQUESTED: Orders compelling each Plaintiff 's further responses to Defendants' Special Interrogatories, Set One, Interrogatory No. 11, within 20 days. Defendants further request monetary sanctions to be imposed against Plaintiffs and their counsel in the total amount of $1,560.80 . TENTATIVE RULING: The motions are denied. The Court imposes $200.00 in monetary sanctions against Defendants and/or their counsel . BACKGROUN D This is a personal i...

Excerpt: ...VE RULING: The motion is denied . REQUEST FOR JUDICIAL NOTICE: Defendant's request for judicial notice is granted as to Exhibits 1 and 2, and denied as to Exhibit 3 . BACKGROUND Plaintiff brings this action under the Song -Beverly Consumer Warranty Act (Civil Code § 1790 et seq.) for a vehicle he purchased on an unspeci�ied date, for which Defendant issued the manufacturer's express warranty. (Compl. ¶¶ 6– 7.) Plaintiff alleges that “the...

Excerpt: ...�Plaintiffs”) NOTICE: OK¿ ¿ RELIEF REQUESTED: Defendants demur to the fourth and fifth causes of action in Plaintiffs' complaint. ¿ TENTATIVE RULING: The demurrer is overruled as to Plaintiffs' fourth cause of action and sustained as to Plaintiffs' fifth cause of action with 30 days leave to amend. BACKGROUND¿ On 7/8/20, Plaintiffs allegedly purchased a vehicle manufactured by Defendant Ford Motor Company (“FMC”), and now bring this act...

Excerpt: ...gatories; Requests for Admission (“RFAs”); and Special Interrogatories. Defendant further requests monetary sanctions against Plaintiff and his counsel in the combined amount of $5,740.00. TENTATIVE RULING: The unopposed motions are granted. Plaintiff is ordered to provide objection -free responses to Moving Defendant's first set of discovery requests within 20 days. Moving Defendant's Requests for Admission, Set One, are deemed admitted. The...

Excerpt: ... TENTATIVE RULING: The demurrer is overruled as to Plaintiffs' third cause of action, and sustained as to the fourth, fifth, seventh and eighth causes of action without leave to amend. Moving Defendant to file an answer to Plaintiff's SAC, as modified, within 30 days. BACKGROUND Plaintiffs bring this action alleging personal injury and monetary damages arising from bedbug bites they sustained in February 2018 while residing at an apartment comple...

Excerpt: ...TICE: ok¿¿ RELIEF REQUESTED : Orders compelling further deposition testimony from deponents Jose Armando Priego, Alejandro Priego, and Clemente Priego regarding the contents of certain incident reports concerning the subject incident. Plaintiff also seeks monetary sanctions in the total amount of $6,270 .00. TENTATIVE RULING: The Court rules as follows: · Plaintiff's Motion to Compel Deposition Testimony of Jose Armando Priego is denied. · Pl...

Excerpt: ... amended complaint (“FAC). ¿ TENTATIVE RULING: The demurrer is overruled. Defendant to file and serve her answer to Plaintiffs' FAC within 30 days. BACKGROUND¿ This is a quiet title action in which Plaintiffs, a married couple and parents to defaulted defendant Heasuk O, allege that Defendant and Heasuk (collectively, “Defendants”) were in a romantic relationship together since 2004. (FAC ¶¶ 4, 7, 14.) On 9/20/13 , Plaintiffs purchased ...

Excerpt: ...g summary judgment, or, in the alternative, summary adjudication in favor of Plaintiff and against Defendant. TENTATIVE RULING: The unopposed motion is granted. BACKGROUND¿ This is a collections action in which Plaintiff alleges that on 6/24/21, Defendant executed a loan agreement “ in the principal sum of $20,000.00, which was payable in monthly installment payments of $411.58, beginning on August 8, 2021, with one final payment of $411.18, d...

Excerpt: ...ATIVE RULING: The unopposed motion is granted. BACKGROUND This is a collections action in which Plaintiff alleges that on 10/28/19, Defendant United Construction & Landscape Inc. (“UCLI”) “entered into a borrowing relationship with Chase by executing a Line of Credit Note in the amount of $200,000.00 and a Credit Agreement.” (Compl. ¶ 6.) The loan was personally guaranteed by Defendant Jayaratna. ( Id. at ¶ 7.) Plaintiff alleges that �...

Excerpt: ...y (“Defendant”) NOTICE: NOT OK (fails to identify which discovery requests are at issue) RELIEF REQUESTED: Orders compelling Defendant's further responses to the following discovery requests: · Plaintiff's Requests for Production of Documents (“RFPs”), Set Two, Request Nos. 56, 57, and 58. · Plaintiff's RFPs, Set Three, Request Nos. 62 –65, 68 –69, 71 –77, 81, and 83. TENTATIVE RULING: The motions are granted. Defendant to provide...

Excerpt: ...ng Plaintiffs' prayer for punitive damages . TENTATIVE RULING: The demurrer is overruled, and the motion to strike is denied. Defendant shall �ile and serve an answer to Plaintiffs' Complaint within 30 days . 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 12/5/20, for which Defendant issued the manufacturer's express warranty. (Compl. �...

Excerpt: ...plaint; 2. Defendant Albert Gonzalez Jr. demurs to the second and fifth causes of action in Plaintiff's complaint; and 3. Defendants move to strike paragraph 35 from Plaintiff's complaint. TENTATIVE RULING: 1. Defendant Albert Gonzalez Sr.'s demurrer is overruled as to Plaintiff's fourth cause of action, and sustained with 30 days leave to amend as to Plaintiff's second, third, and fifth causes of action; 2. Defendant Albert Gonzalez Jr.'s demurr...

Excerpt: ...T FOR JUDICIAL NOTICE: Diodes' request for judicial notice is granted as to the existence, but not the contents, of Exhibits 1 –22. BACKGROUND This is a toxic tort action in which Plaintiff Tony Laurita was allegedly employed by Cinmark, LLC (“Cinmark”) between 2002 and 2017, during which time he worked at Cinmark's principal place of business at 8933 Quartz Avenue, Northridge, California 91324. (FAC ¶ 3.) Nonmoving defendant Micro Matic U...

Excerpt: ...TED: An order granting summary judgment or, in the alternative, summary adjudication in favor of Moving Defendant and against Plaintiffs. TENTATIVE RULING: The motion is denied. BACKGROUND¿ Plaintiffs allege that on 1/14/22, plaintiff Karey Kibbe (“Karey”) sustained injuries from a slip - and-fall while attending an annual gynecology examination at Moving Defendant's medical facility in Valencia, CA. (Compl. ¶¶ 14 –15.) Plaintiffs allege...

Excerpt: ...t (“Plaintiff”) NOTICE: NOT OK (misstates the date of the underlying Court ruling) ¿ RELIEF REQUESTED: Reconsideration of the Court's 2/6/24 Order denying Defendant's motion for terminating and monetary sanctions against Plaintiff. ¿ TENTATIVE RULING: The motion is denied. BACKGROUND¿ On 3/24/20, Plaintiff entered into a month- to-month lease agreement with Defendant for certain premises located at 11967 Adelphia Street, Pacoima, Californi...

Excerpt: ...atories, Set One, Nos. 1 –10 (as to Defendant David M. Robinson) and Nos. 1 –12 (as to Defendant Jay William Smith), within 10 calendar days. Plaintiff further requests monetary sanctions to be imposed against each Defendant and their counsel in the amount of $1,560.00. TENTATIVE RULING: The unopposed motions are granted in part. Defendants to provide further code- compliant responses to Plaintiff's first set of Special Interrogatories, Inter...

Excerpt: ...ICE: NOT OK (fails to identify which discovery requests are at issue) RELIEF REQUESTED: Orders compelling Defendant's further responses to the following discovery requests: · Plaintiff's Requests for Admission (“RFAs”), Set One, Request No. 3. · Plaintiff's Requests for Production of Documents (“RFPs”), Set One, Request Nos. 4, 19, 21–24, 28–30, 33–38, 43– 46, 49, 52, 54– 56, 61, 63, 75, 79, and 81. TENTATIVE RULING: Plaintiff...

Excerpt: ...complaint (“TAC”). ¿ TENTATIVE RULING: The demurrer is sustained with 30 days leave to amend. REQUEST FOR JUDICIAL NOTICE: Defendant's request for judicial notice is granted as to Exhibit A and denied as to Exhibit B. Plaintiff's request for judicial notice is denied. BACKGROUND On 11/9/23, Defendant filed the instant demurrer. On 2/23/24, Plaintiff filed her opposition. On 2/29/24, Defendant filed its reply. ANALYSIS Defendant demurs to eac...

Excerpt: ...t Defendants Gary G. Topolewski (“Topolewski”) and Topolewski America Inc. (“TAI””) (collectively “Defendants”), as well as DOES 1 through 250, inclusive, arising from Defendants defaulting o n various loans issued by Plaintiff. On July 6, 2022, Plaintiff filed a complaint against Defendants. On January 18, 2023, Defendants filed and served a Case Management Statement in which Defendants requested a jury trial. (01/18/23 Case Manage...

Excerpt: ... deposed. Plaintiff also requests monetary sanctions to be imposed against Defendant and its counsel in the amount of $1,641.75. TENTATIVE RULING: The unopposed motion is granted. Defendant is ordered to produce its Person(s) Most Knowledgeable and Custodian of Records to be deposed, and to produce the documents specified in the deposition notice, on or before 4/4/24. The Court imposes $525.00 in mon etary sanctions against Defendant. BACKGROUND ...

Excerpt: ...g Defendants demur against Plaintiffs' entire complaint. TENTATIVE RULING: The demurrer is overruled. BACKGROUND This is a wrongful death action wherein Plaintiffs are the parents of decedent Christopher Hawley (“Decedent”). Plaintiffs allege that on 6/23/22, Decedent visited Six Flags Magic Mountain amusement park, located at 26101 Magic Mountain Parkway in Valencia , California, and rode the X2 rollercoaster, after which he sustained a brai...

Excerpt: ...es, within 10 days, to Plaintiffs' Requests for Production of Documents (“RFPs”), Set One, Nos. 1, 3, 7, 17, 23–25, 37– 45, 50–53, 58 –59, 68, 76, 78 –79, 86, and 91 –94. Plaintiffs also request monetary sanctions against Defendant in the amount of $3,160.00. TENTATIVE RULING: The motion is granted. Defendant to provide further code -compliant responses to Plaintiffs' first set of RFPs, Request Nos. 1, 3, 7, 17, 23 –25, 37–45,...