Excerpt: ... a nd John Doe 10, an individual (collectively, “Plaintiffs”) RESPONDING PARTY: Defendant Facey Medical Group (“Defendant”) NOTICE: ok RELIEF REQUESTED: An order compelling Defendant's further responses to Plaintiffs' Requests for Production of Documents (“RFPs”), Set One, Request No. 11. TENTATIVE RULING: The motion is granted. Defendant to provide further code- compliant responses to Plaintiff's RFP No. 11, as modified herein, withi...

Excerpt: ... Plaintiff's Requests for Production of Documents (“RFPs”), Set One, Nos. 1–31. TENTATIVE RULING: The unopposed motion is granted. Defendant to provide further code- compliant responses to Plaintiff's first set of RFPs, Request Nos. 1–31, within 30 days. The Court imposes sanctions against Defendant in the amount of $500.00. Plaintiff is reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. Wh...

Excerpt: ...iff further requests monetary sanctions against Defendant in the total amount of $1, 560.00. TENTATIVE RULING: The unopposed motion is granted. Defendant is ordered to provide objection -free responses to Plaintiff's first set of discovery requests within 20 days. The Court imposes sanctions against Defendant in the amount of $900.00. Plaintiff is reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. ...

Excerpt: ...ants' answer and cross - complaint, and monetary sanctions against Defendants and their counsel in the amount of $4,560.00. ¿ TENTATIVE RULING: The motion is granted in part. The Court imposes $900.00 in monetary sanctions against Defendants and/or their counsel. 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 REQU...

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...