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,...

Excerpt: ...f action in Plaintiff's complaint. Defendants also seek an order striking Plaintiff's references to punitive damages, attorney fees, statutory damages, restitution of rent, a nd civil penalties from the complaint. TENTATIVE RULING: The demurrer is: (1) Overruled as to Plaintiff's first, second, fourth, sixth, tenth, and eleventh causes of action; (2) Sustained with 30 days leave to amend as to Plaintiff's third and seventh cause of action; and (3...

Excerpt: ...LING: The motion is denied. REQUEST FOR JUDICIAL NOTICE: Defendant's request for judicial notice is granted as to the existence, but not the contents, of Exhibits A –C. Despite having been previously warned to comply with the “TECHNICAL REQUIREMENTS” set forth in the 5/13/19 First Amended General Order Re Mandatory Electronic Filing for Civil, Defendant's counsel has again failed to bookmark the declarations, exhibits and proof of service a...

Excerpt: ...documents produced in response to Plaintiff's Requests for Production of Documents (“RFPs”), Set One. TENTATIVE RULING: The motion is granted in part. The Court enters the proposed protective order without Defendant's modifications: (1) Requiring non-lawyer personnel to sign and execute Exhibit A to the protective order; (2) Removing Paragraph 7f. regarding mock jury participants from the protective order; and (3) All modifications to Paragra...

Excerpt: ...ectively, “Plaintiffs”) NOTICE: OK ¿ RELIEF REQUESTED: Moving Defendant moves to strike references relating to punitive damages and attorney fees from Plaintiffs' complaint. ¿ TENTATIVE RULING: The motion to strike is denied as to Plaintiffs' references to punitive damages and granted as to Plaintiffs' prayer for attorney fees with 30 days leave to amend. BACKGROUND ¿ This is a wrongful death action wherein Plaintiffs are the parents of de...

Excerpt: ... REQUESTED: Defendants demur against Plaintiff's entire complaint. ¿ TENTATIVE RULING: The demurrer is overruled as to Plaintiff's first, third, fourth, and fifth causes of action, and sustained as to Plaintiff's second and sixth causes of action with 30 days leave to amend. BACKGROUND ¿ This is wrongful eviction action in which Plaintiff alleges that she, “her two minor children, and one adult child have resided at 28700 Newhall Ranch Rd., R...

Excerpt: ...ndividual (collectively, “Plaintiffs”) NOTICE: OK RELIEF REQUESTED: An order quashing Plaintiffs' 1/10/24 deposition subpoena for production of business records, propounded and served on non -party deponent Arshud Mahmood, Ph.D., P.E. Defendant also seeks monetary sanctions against Plaintiffs and/or their counsel in the amo unt of $2,310.00. TENTATIVE RULING: The motion is granted. The Court imposes sanctions against Plaintiffs' counsel in th...

Excerpt: ...enied. 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 9/10/19, for which Defendant issued the manufacturer's express warranty. (Compl. ¶¶ 4, 6.) On 5/4/21, Plaintiffs filed their complaint, alleging against Defendant the following causes of action: (1) Violation of Civil Code section 1793.2, subdivision (d); (2) Violation of Civil Code s...

Excerpt: ...es of action, and sustained as to Plaintiff's third cause of action with 30 days leave to amend. BACKGROUND This is a quiet title action in which Plaintiff alleges that in October 2013, he entered into an oral agreement with Defendant, his father, “that the subject property located at 14316 Raven Street, Sylmar, CA 91342 (“Property”) would be purchased in Defendant's name, given Plaintiff's poor credit score, but that despite being in Defen...

Excerpt: ... for Admission (“RFAs”); and Special Interrogatories. Defendant further requests monetary sanctions against Plaintiff in the combined amount of $1,850.00. TENTATIVE RULING: The motions are granted. Plaintiff failed to timely oppose the motions. Plaintiff is ordered to provide objection-free responses to Defendant's first set of discovery requests within 10 days. Defendant's Requests for Admission, Set One, are deemed admitted. The Court impos...

Excerpt: ...tiffs' Special Interrogatories, Set One, specifically: Special Interrogatory Nos. 45–48. Plaintiffs further request monetary sanctions to be imposed against Defendant and its counsel in the amount of $2,207.50. TENTATIVE RULING: The motion is denied. BACKGROUND On 5/3/23, Plaintiffs served their first set of discovery requests on Defendant. (Decl. of Zachary Powell ¶ 3.) On 6/6/23, Defendant served its responses thereto. (Id. at ¶ 4.) On 9/29...

Excerpt: ...to Plaintiff's complaint within 20 days. BACKGROUND This is a fraud action in which Plaintiff alleges that defendant Vahagn Lusparyan misappropriated Plaintiff's exclusive proprietary information and trade secrets to defame Plaintiff and steal its customers, in violation of his written agreement not to do so. (Compl. ¶¶ 6–7, 9, 15.) On 6/12/23, Plaintiff filed its complaint, alleging against Defendants the following causes of action: (1) Inju...

Excerpt: ...�) NOTICE: OK RELIEF REQUESTED: Orders compelling Defendant to provide further responses to the following discovery requests: · Plaintiff's Form Interrogatories, Set One, No. 4.1. · Plaintiff's Special Interrogatories, Set One, Nos. 2, 3, 4, 8, 9, 10, 20, 21, 31, 32, 35, 39, 40, 41, and 43. · Plaintiff's Requests for Production of Documents (“RFPs”), Set One, Nos. 2, 5, 10, 12, 13, 14, 16, 17, 18, and 22. TENTATIVE RULING: The motions are ...

Excerpt: ...aintiffs' references to punitive damages in the SAC. TENTATIVE RULING: The demurrer is overruled and the motion to strike is denied. Defendant to file its answer to Plaintiffs' SAC within 20 days. REQUEST FOR JUDICIAL NOTICE: Defendant's request for judicial notice is granted. Plaintiffs' request for judicial notice is granted. Defendant is reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-...

Excerpt: ...'s third amended complaint (“TAC”). Moving Defendants also seek an order striking portions of the TAC relating to attorney fees and punitive damages. TENTATIVE RULING: The demurrer is overruled. The motion to strike paragraphs 57 and 70 from Plaintiff's TAC is granted without leave to amend and denied as to the remainder. Moving Defendants to file their Answer to Plaintiff's TAC within 30 days. BACKGROUND On 9/26/23, Moving Defendants filed t...

Excerpt: ...torney fees and punitive damages allegations in the Complaint. TENTATIVE RULING: The demurrer is OVERRULED. The motion to strike is DENIED IN PART and GRANTED IN PART as follows. The request to strike Paragraphs 12, 18, 20, 26, and Plaintiff's Prayer, ¶ 5, “For punitive damages,” is denied. The request to strike Plaintiff's Prayer, ¶ 4, “For attorney's fees,” is granted. Moving Defendants shall file and serve an answer to Plaintiff's co...

Excerpt: ...ESTED: An order waiving Plaintiffs' agreement to arbitrate the instant controversy and resume the litigation of the matter in this Court. TENTATIVE RULING: The motion is denied. Plaintiffs' request for judicial notice is denied. Plaintiffs are reminded that “except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages.” (Cal. Rules of Ct., rule 3.1113(d).) Plaintiffs are further reminded...

Excerpt: ...onetary 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 2/8/23. The Court imposes $591.75 in monetary sanctions against Defendant. BACKGROUND On 8/24/23, Plaintiff filed the inst...

Excerpt: ...to Defendant's first set of Requests for Production of Documents (“RFPs”); Form Interrogatories; Requests for Admission (“RFAs”); and Special Interrogatories. Defendant further requests monetary sanctions against Plaintiff and her counsel in the combined amount of $5,140.00. TENTATIVE RULING: The unopposed motions are granted. Plaintiff is ordered to provide objection-free responses to Defendant's first set of discovery requests within 10...

Excerpt: ...is sustained with 30 days leave to amend. BACKGROUND This is a personal injury action in which Plaintiffs allege that “on approximately October 26, 2022, Plaintiff JOSE [Mesa-Marentes], was injured and suffered damages during a motor vehicle collision with a motor vehicle operated by Defendant Driver BLOBERG (the ‘Crash') at the approximate location of Frazier Mountain Park Road and 550 feet west of Lebec Road in Unincorporated, California, t...

Excerpt: ... order striking Plaintiff's' references to punitive damages and attorney fees from the complaint. TENTATIVE RULING: The unopposed demurrer is sustained, and the unopposed motion to strike is granted. Plaintiff is granted 30 days leave to amend. BACKGROUND This is a breach of contract action in which Plaintiff alleges that Defendant failed to pay him benefits owed for damages to his vehicle caused by a 3/7/22 collision, in breach of the agreed-upo...

Excerpt: ... to the Estate of Timothy Swihart, Deceased (collectively, “Plaintiffs”) NOTICE: OK RELIEF REQUESTED: Moving Defendants demur to the second, third, and fourth causes of action in Plaintiffs' complaint. Moving Defendants also seeks an order striking Plaintiffs' references to punitive damages and attorney fees from the complaint. TENTATIVE RULING: The demurrer is sustained as to Plaintiffs' second and fourth causes of action and overruled as to...

Excerpt: ...”), Set Two, Nos. 11–15 (as to Defendant David M. Robinson) and Nos. 34–49 (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 $2,310.00. TENTATIVE RULING: The motions are granted. Defendants to provide further code-compliant responses to Plaintiff's second set of RFPs, Request Nos. 11–15 (as to Defendant David M...

Excerpt: ...der compelling Plaintiff to provide further responses to Moving Defendant's Form Interrogatories, Set One, No. 12.2. Moving Defendant further requests that the Court order monetary sanctions against Plaintiff and her counsel in the amount of $3,472.35. TENTATIVE RULING: The motion is granted. Plaintiff is ordered to serve further responses to Moving Defendant's Form Interrogatories, Set One, No. 12.2, within 20 days. The Court imposes sanctions a...

Excerpt: ...LING: The demurrer is overruled. Defendants to file their answer to Plaintiff's complaint within 30 days. BACKGROUND This is a nuisance action brought by Plaintiff, the County of Los Angeles, on behalf of itself and the public, against Defendants, who own and operate certain real property located at 13025 Sierra Highway, Santa Clarita, CA 91390 and 13036 Chrisco Street, Santa Clarita, CA 91390. Plaintiff alleges that it has received numerous neig...

Excerpt: ...cuments (“RFPs”), Set One. Plaintiffs further request monetary sanctions to be imposed against Defendant and its counsel in the amount of $3,541.75. TENTATIVE RULING: The motion is denied. The Court imposes sanctions against Plaintiffs' counsel in the amount of $300.00. Plaintiffs 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 “TEC...

Excerpt: ...��70 within 10 calendar days. Plaintiff further requests monetary sanctions to be imposed against Defendant and its attorneys in the amount of $3,180.50. TENTATIVE RULING: The motion is granted. Defendant to provide further code-compliant responses to Plaintiff's first set of RFPs, Request Nos. 1–70 within 30 days. The Court imposes sanctions against Defendant in the amount of $790.00. The parties are reminded to review the 5/3/19 First Amended...

Excerpt: ...DICIAL NOTICE: Defendant/Cross-ComplainanYs request for judicial ANALYSIS legal Standard notice is granted. The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., S 436, subd. The court may also strike all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an ...

Excerpt: ...: Defendant General Motors, LLC (“Defendant”) NOTICE: ok¿¿ RELIEF REQUESTED: Orders compelling Defendant to provide further responses to the following discovery requests within ten calendar days: · Plaintiff's Form Interrogatories, Set One, Nos. 15.1 and 17.1; · Plaintiff's Requests for Production of Documents, Set One, Nos. 1, 2, and 4–17; · Plaintiff's Requests for Admission, Set One, Nos. 1, 3, 4, 5, 8, and 12; and · Plaintiff's Sp...

Excerpt: ...ING: The unopposed motion is granted. Defendant to separately file its FAXC within 20 days of this hearing. 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...

Excerpt: ...ing Defendants also move to strike various provisions contained therein. TENTATIVE RULING: The demurrer is overruled, and the motion to strike is denied. Moving Defendants shall file and serve an answer to Plaintiff's complaint within 30 days. BACKGROUND This is a contractual fraud action in which Plaintiff alleges that he and nonmoving defendant Sam Churukian were the sole shareholders of nonmoving defendant American Cigar Smoke, LLC (the “Com...

Excerpt: ...entitled to a judgment against Defendant in the amount of $52,597.45. Plaintiff 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 decla...

Excerpt: ...verruled. Moving Defendant to file and serve its answer to Plaintiffs' FAC within 30 days. REQUEST FOR JUDICIAL NOTICE: Moving Defendant's request for judicial notice is denied. 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 ...

Excerpt: ...sustained with 20 days leave to amend. BACKGROUND On 9/12/23, Moving Defendant filed the instant demurrer to Plaintiff's FAC. On 10/25/23, Plaintiff filed their opposition. On 10/31/23, Moving Defendant filed its reply. ANALYSIS Moving Defendant again¿demurs to Plaintiff's third cause of action on the bases that Plaintiff fails¿to allege facts sufficient to¿state¿a cause of action for negligent repair, and the claim is barred by the economic ...

Excerpt: ...amount of $23,846.23. TENTATIVE RULING: The motion is granted in part. Plaintiff is awarded $15,666.23 in attorney fees and costs. The request for a “judgment” is denied. The parties or party may file a separate request for a judgment, or the parties may file a stipulated judgment consistent with the Court's ruling. EVIDENTIARY OBJECTIONS: Defendants' evidentiary objections are overruled. Plaintiff is reminded to review the 5/3/19 First Amend...

Excerpt: ... (2) monetary sanctions against Yamin and M&Y in the amount of $1160.56. TENTATIVE RULING: The motion is granted in part. Nonparty deponent M&Y Personal Injury Lawyers is ordered to produce any additional documents and/or communications in connection with Plaintiff's claims in the instant action, by delivering a true, legible, and durable copy of the business records described in the 7/10/23 Deposition Subpoena for Production of Business Records,...

Excerpt: ... RELIEF REQUESTED: Moving Defendant demurs to the third and fourth causes of action in Plaintiff's complaint. ¿ TENTATIVE RULING: The demurrer is overruled. Moving Defendant to file and serve its answer to Plaintiff's complaint within 30 days. BACKGROUND¿ This is a childhood sexual assault action in which Plaintiff alleges that in 1994, when he was 15 years old, he was sexually assaulted by nonmoving defendant Doe 4, who was Plaintiff's youth g...

Excerpt: ...quests for Admission (“RFAs”), Set One, propounded on Defendant, be admitted. Plaintiff further requests that the Court order monetary sanctions against Defendant in the amount of $360.00. TENTATIVE RULING: The unopposed motion is granted. The Court deems each of Plaintiff's RFAs, Set One as admitted. The Court imposes sanctions against Defendant in the amount of $360.00. Defendant is reminded to review the 5/3/19 First Amended General Order ...

Excerpt: ...TIVE RULING: The demurrer is sustained with 30 days leave to amend. BACKGROUND On 3/29/23, Plaintiff filed its first amended complaint (“FAC”), alleging the same causes of action against Defendant. On 4/28/23, Defendants filed their answer and cross-complaint, alleging (1) Malicious Prosecution; and (2) Breach of the Implied Covenant of Good Faith and Fair Dealing. On 7/21/23, Plaintiff filed the instant demurrer against Defendants' cross-com...

Excerpt: ...nsome and oppressive insofar as they are repetitive, duplicative, cumulative, and expensive, and that Plaintiff is excused from responding to them. TENTATIVE RULING: The motion is denied. Plaintiff is ordered to serve her responses to all outstanding discovery requests propounded by Defendant within 30 days. The Court imposes monetary sanctions against Plaintiff in the amount of $100.00, payable within 60 days. Defendant is reminded to review the...

Excerpt: ...at 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 complamt against Defendant in a related case, LASC Case No. 22CHCV01431 ("Cho I"). On 6/23/23, the Court sustained Defendant's demurrer against Plaintiffs first amended complaint mthout leave to amend. On 6/26/23, Plaintiff filed the instant complaint against Defendant On 7/31/23, Defendant filed the i...

Excerpt: ...of Documents (“RFPs”), Set One, Nos. 1–3, 7–9, 12, 18, 20, 24, 26, 32, 37, 40, 43, 46, 50, 52, 58, 63, 66, 69, 70, 73, 81, 88, 93, 95, 96, 105, 113–119, and 123 within 10 calendar days. TENTATIVE RULING: The motion is granted. Defendant to provide further code-compliant responses to Plaintiffs' first set of RFPs, Request Nos. 1–3, 7–9, 12, 18, 20, 24, 26, 32, 37, 40, 43, 46, 50, 52, 58, 63, 66, 69, 70, 73, 81, 88, 93, 95, 96, 105, 1...

Excerpt: ...nt within 30 days. 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 exhibits). (CRC 3.1110(f)(4).) Failure ...

Excerpt: ...a. Overruled as to Defendant's second cause of action; b. Sustained as to Defendant's fifth, seventh, and eighth causes of action without leave to amend; and c. Sustained as to Defendant's first, third, fourth, and sixth causes of action with 30 days leave to amend. Plaintiffs 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 R...

Excerpt: ...TATIVE RULING: The demurrer is sustained without 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. (SAC ¶ 8.) Plaintiff alleges that Defendants thereafter directly contracte...

Excerpt: ...��Defendants”) RESPONDING PARTY: Plaintiffs Lorena Arredondo and Martin Arredondo (collectively, “Plaintiffs”) NOTICE: OK¿ ¿ RELIEF REQUESTED: An order granting summary judgment in favor of Defendants and against Plaintiffs. TENTATIVE RULING: The motion is granted. REQUEST FOR JUDICIAL NOTICE: Defendants' request for judicial notice is granted as to Exhibit Nos. 1–4, 6–8, and 11–15, and denied as to Exhibit Nos. 5, 9–10, and 16–...

Excerpt: ...f alleges nonpayment of rent on 9400 Corbin Ave., Unit 302, with an outstanding balance in excess of $34,000 as of the date of the complaint. RULING: Overruled. Defendant Willie Ellis, in pro per, challenges the complaint for unlawful detainer on grounds that the operative pleading relies on an improper 3-Day Notice to Pay Rent or Quit in that the notice lacks an option to “cure the breach.” Defendant relies on the lease agreement itself lack...

Excerpt: ...itration. TENTATIVE RULING: The motion is denied. REQUEST FOR JUDICIAL NOTICE: Defendant's request for judicial notice is granted as to Exhibits 1 and 3 and denied as to Exhibit 2. Plaintiffs' request for judicial notice is granted as to Exhibits A, B, C, and F, and denied as to Exhibits D and E. BACKGROUND Plaintiffs bring this action under the Song-Beverly Consumer Warranty Act (Civil Code § 1790 et seq.) for a vehicle they purchased on or aro...

Excerpt: ...n is granted. Plaintiff's counsel is ordered to pay compensatory attorney fees and costs to Defendant and/or Defendant's counsel in the amount of $700.00. Despite having been previously warned to comply with the “TECHNICAL REQUIREMENTS” set forth in the 5/13/19 First Amended General Order Re Mandatory Electronic Filing for Civil, the parties have again failed to properly bookmark the declarations, exhibits and proofs of service attached to th...

Excerpt: ... Plaintiff's entire complaint. ¿ TENTATIVE RULING: The demurrer is overruled. Defendants are ordered to file and serve their answers to Plaintiff's complaint within 30 days of this hearing date. BACKGROUND¿ Plaintiff alleges that on 12/7/22, it entered into a legal services agreement with Defendant Jay William Smith to represent Plaintiff in Los Angeles Superior Court Case No. 19STCV08264. (Compl. ¶ 5.) Plaintiff alleges that all communication...

Excerpt: ...ronic 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 may result in papers being rejected, matters being placed of...

Excerpt: ...wer to Plaintiff's FAC within 30 days of this hearing date. BACKGROUND This is a personal injury action in which Plaintiff alleges that on 4/9/21, she was a passenger in a parked United States Postal Service (“USPS”) truck when it was struck by a 2018 Ford commercial- grade van owned by Defendant and driven by nonmoving Defendant Moses Garcia within the scope and course of his employment with Defendant. (FAC p. 5.) Plaintiff alleges that she ...

Excerpt: ... date as early as the matter may be heard. TENTATIVE RULING: The motion is denied. Plaintiff's evidentiary objections are sustained. Defendants 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 Mand...

Excerpt: ...ended complaint (“FAC”). TENTATIVE RULING: The demurrer is overruled. Moving Defendant is ordered to file and serve its answer to Plaintiff's FAC within 30 days of this hearing date. REQUEST FOR JUDICIAL NOTICE: Moving Defendant's request for judicial notice is granted as to Exhibits 1 and 2, and denied as to Exhibits 3, 4, and 5. BACKGROUND Plaintiff alleges that in June 2021, he entered a contract with defendants for installation of a solar...

Excerpt: ...: An order granting summary judgment, or in the alternative, summary adjudication in favor of Moving Defendants and against Plaintiff. TENTATIVE RULING: The motion is granted. Moving Defendants' request for judicial notice is granted. EVIDENTIARY OBJECTIONS: · Moving Defendants' evidentiary objections to the Declaration of Vincent Kody Pappadato, Nos. 5, 8, 11, 12, 13, 14, 19, 29, 30, 33, 40, 50, 52, 55, and 56 are sustained, and Nos. 1, 2, 4, 6...

Excerpt: ...onic 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 may result in papers being rejected, matters being placed off...

Excerpt: ...ained without leave to amend. Defendant's request for judicial notice is granted. BACKGROUND This is a wrongful foreclosure action in which Plaintiff, who owns and resides at certain real property since 12/12/16, alleges that Defendant initiated an eviction action against Plaintiff on 12/19/20. (Attachment to Compl. ¶¶ 1–2.) Plaintiff further alleges that Defendant “engaged in deceptive business practices by marketing loan modifications and...

Excerpt: ...seeks $1,246.45 in monetary sanctions against Respondent. TENTATIVE RULING: The motion is continued. The Court orders that the parties further meet and confer, in person or telephonically, to discuss all outstanding discovery issues, including the taking of Respondent's deposition. BACKGROUND This is an insurance action in which Petitioner, an insurance company, seeks to compel insured Respondent's deposition in the parties' dispute of Respondent...

Excerpt: ...IVE RULING: The motion is denied. REQUEST FOR JUDICIAL NOTICE: Defendant's request for judicial notice is granted as to Exhibits 1 and 4, and denied as to Exhibits 2 and 3. BACKGROUND Plaintiff brings this action under the Song-Beverly Consumer Warranty Act (Civil Code § 1790 et seq.) for a vehicle he purchased on or around 1/4/22, for which Defendant issued the manufacturer's express warranty. (Compl. ¶¶ 2, 6.) Plaintiffs allege that “defec...

Excerpt: ...with psychiatrist James R. High, M.D. TENTATIVE RULING: The motion is granted. The Court orders Plaintiff to submit to a psychiatric IME with Dr. High and his staff on October 10, 2023, at 9:00 a.m., at Behavioral Diagnostics Medical Group, Inc. 1990 South Bundy Drive, Suite 430, Los Angeles, CA 90025, or via Zoom at a Court Reporters office location to be determined. BACKGROUND This is an action brought by Plaintiffs, homeowners, against various...

Excerpt: ...edings in connection with this lawsuit pending the conclusion of arbitration. TENTATIVE RULING: The motion is granted. BACKGROUND Plaintiff brings this action under the Song-Beverly Consumer Warranty Act (Civil Code § 1790 et seq.) for a vehicle he purchased from defendant Hamer Toyota on or around 9/18/21, for which defendant Toyota Motor Sales (“TMS”) issued the manufacturer's express warranty. (Compl. ¶¶ 1, 6.) Plaintiff alleges that th...

Excerpt: ...tion clause in the limited express warranty provided by Defendant. TENTATIVE RULING: The motion is granted. The action is stayed pending the outcome of litigation of Plaintiff's claims against Defendant in Indiana. Defendant's evidentiary objections are sustained. Plaintiff 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 REQUI...

Excerpt: ...ant also seeks an order striking references to HIPAA, the Confidentiality of Medical Information Act, and verification from the FAC. TENTATIVE RULING: The demurrer is SUSTAINED with 30 days leave to amend. The motion to strike is moot. Plaintiff is reminded that all documents “must be text searchable when technologically feasible without impairment of the document's image.” (CRC 2.256(b)(3).) Moreover, “except in a summary judgment or summa...

Excerpt: ...dings to the entire SAC. TENTATIVE RULING: The demurrer is sustained with 30 days leave to amend. Defendant's motion for judgment on the pleadings is therefore moot. Plaintiff's request for judicial notice is denied. BACKGROUND¿ Plaintiff, a former student at Herrick Avenue Elementary School, brings this action against Defendant, the school district in which Herrick Avenue Elementary School sits, alleging that she was molested and sexually groom...

Excerpt: ... RULING: The motion is denied. BACKGROUND On 2/3/23 Judge Randy Rhodes granted Defendant's Motion to Compel Arbitration and Stay Action. On 6/12/23, Plaintiffs filed the instant motion for reconsideration of the Court's 2/3/23 Order. On 8/28/23, Defendant filed its opposition. On 9/1/23, Plaintiffs filed their reply. ANALYSIS “If a court at any time determines that there has been a change of law that warrants it to reconsider a prior order it e...

Excerpt: ...ays of this hearing. TENTATIVE RULING: The motion is granted. Plaintiff 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 10/5/23. BACKGROUND Plaintiff brings this action against Defendant under the Song-Beverly Consumer Warranty Act (Civil Code § 1790 et seq.) for a vehicle he purchased on 12/2/20, and for which Defendant i...

Excerpt: ...h of Plaintiff's Requests for Admission (“RFAs”), Set Two, propounded on Defendant, be admitted. Plaintiff further requests that the Court order monetary sanctions against Defendant and his counsel in the amount of $3,325.30. TENTATIVE RULING: The motion is granted. The Court deems each of Plaintiff's RFAs, Set Two as admitted. The Court imposes sanctions against Defendant and his counsel in the amount of $1,000.00. BACKGROUND This is a colle...

Excerpt: ... of action in Plaintiff's second amended complaint (“SAC”). ¿ TENTATIVE RULING: The demurrer is overruled. Defendants shall file and serve an Answer to Plaintiff's SAC within 30 days. BACKGROUND¿ On 5/25/22, Plaintiff filed his original complaint, alleging against Defendants the following causes of action: (1) Derivative Claim for Breach of Fiduciary Duty; (2) Derivative Claim for Aiding and Abetting Breach of Fiduciary Duty; (3) Derivative...

Excerpt: ...endant Aju Philips) · Form Interrogatories, Set One (as to defendant Rini Jose) · Requests for Production of Documents, Set One (as to defendant Aju Philips) · Requests for Production of Documents, Set One (as to defendant Rini Jose) · Special Interrogatories, Set One (as to defendant Aju Philips) · Special Interrogatories, Set One (as to defendant Rini Jose) · Requests for Admission, Set One (as to defendant Rini Jose) Plaintiff further re...

Excerpt: ... also seeks an order striking Plaintiffs' prayer for punitive damages. TENTATIVE RULING: The demurrer is overruled, and the motion to strike is denied. Defendant shall file and serve an answer to Plaintiffs' FAC within 30 days. REQUEST FOR JUDICIAL NOTICE: Defendant's request for judicial notice is granted. On 6/12/23, Defendant filed the instant demurrer and motion to strike. On 8/18/23, Plaintiffs filed their opposition. On 8/21/23, Defendant f...

Excerpt: ...–19, 21, 34, 38, 41–42, and 51 within 10 calendar days. TENTATIVE RULING: The motion is granted. Defendant to provide further code-compliant responses to Plaintiff's first set of RFPs, Request Nos. 7, 10, 16–19, 21, 34, 38, 41–42, and 51 within 30 days. BACKGROUND Plaintiff brings this action under the Song-Beverly Consumer Warranty Act (Civil Code § 1790 et seq.) for a vehicle she purchased on or around 11/13/20, which was manufactured ...

Excerpt: ...NG: The demurrer is sustained as to Plaintiffs' fourth, fifth, seventh and eighth causes of action, and overruled as to the third cause of action. Plaintiffs are granted 20 days leave to amend the complaint to cure the defects set forth herein. BACKGROUND On 5/31/23, Moving Defendant filed the instant demurrer. On 8/11/23, Plaintiffs filed their opposition. On 8/16/23, Moving Defendant filed its reply. ANALYSIS Moving Defendant demurs to demurs t...

Excerpt: .../23 deposition subpoena for production of business records, propounded and served on non-party deponent U.S. Bank. Defendants also seek an imposition of sanctions against Plaintiff and its counsel in the amount of $2,750.00. TENTATIVE RULING: The motion to quash and request for sanctions are denied. On 5/15/23, Plaintiff served a deposition subpoena for business records on nonparty U.S. Bank, seeking the production of documents relating to a bank...

Excerpt: ...sive, and that Defendant is excused from responding to the interrogatories. Defendant also requests monetary sanctions against Plaintiff in the amount of $4,559.50. TENTATIVE RULING: The motion is partially granted. Defendant is excused from responding to Plaintiff's Special Interrogatories, Set Two. Nos. 53–54, 58–59, 63–64, 68–69, 73–74, 78–79, 83–84, 88– 89, 93–94, 98–99, 103–104, 108–109, 113–114, 118–119, 123–12...

Excerpt: ...to Defendants' Special Interrogatories, Set One. Defendants also request monetary sanctions against Plaintiff in the amount of $1,060.00. TENTATIVE RULING: The unopposed motion is off calendar. BACKGROUND On 6/18/20, Plaintiff filed his original complaint against nine named defendants, seeking to set aside allegedly fraudulent transfers made to avoid satisfying a judgment in a previous action where a jury awarded Plaintiff a total of $126,000 aga...

Excerpt: ...tiff further requests that the Court order monetary sanctions against Defendant. TENTATIVE RULING: The motion is denied in part. The Court imposes sanctions against Defendant in the amount of $1050.00. ANALYSIS Legal Standard A responding party must respond to each propounded request for admission with either a substantive answer or an objection to the particular request. (Code Civ. Proc. § 2033.210.) A propounding party may move for an order de...