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: ...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: ...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: ... 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...