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...

Excerpt: ...�) NOTICE: OK RELIEF REQUESTED: An order striking the first through fifth causes of action in Defendants' cross- complaint. Additionally, or in the alternative, an order striking various allegations contained therein. Plaintiff also seeks to recover attorney fees and costs in the amount of $7,550.00. TENTATIVE RULING: The motion is denied. BACKGROUND Plaintiff owns and resides at certain real property located at 24712 Amelia Lane, Newhall, Califo...

Excerpt: ...TICE: ok RELIEF REQUESTED: An order compelling further responses to Plaintiff's Requests for Production of Documents (“RFPs”), Set One, Nos. 16, 19–32, 37–41, and 45–46. Plaintiff also requests monetary sanctions against Defendant in the amount of $3,210.00. TENTATIVE RULING: The motion is granted. Defendant to provide further code-compliant responses to Plaintiff's first set of RFPs, Request Nos. 16, 19–32, 37–41, and 45–46 withi...

Excerpt: ...laintiff's entire FAC with prejudice. TENTATIVE RULING: The special anti-SLAPP motion to strike is granted. The demurrer is moot. REQUEST FOR JUDICIAL NOTICE: Defendant's request for judicial notice is denied. BACKGROUND Plaintiff alleges that he was injured by the content of the film “Avatar: The Way of Water” (“Avatar 2”), which he viewed on 12/16/22. Defendant is an entertainment trade association responsible for, inter alia, assigning...

Excerpt: ...Set One. Defendants further request that the Court order monetary sanctions against Plaintiff in the amount of $1,400.00. RULING: The motion is off calendar. On 5/8/23, Defendants served Plaintiff with their first set of RFPs. On 6/10/23, Plaintiff served his responses. On 6/29/23, Defendants filed the instant motion to compel Plaintiff's responses to their RFPs, Set One. ANALYSIS A. Legal Standard A responding party must respond to each propound...

Excerpt: ...itive damages. TENTATIVE RULING: The demurrer is overruled, and the motion to strike is denied. Defendant shall file and serve an answer to Plaintiff's complaint within 30 days. BACKGROUND On 11/5/19, Plaintiff allegedly leased a vehicle manufactured by Defendant, and now brings this action under the Song-Beverly Consumer Warranty Act (Civil Code § 1790 et seq.), alleging that Defendant had actual knowledge of a transmission defect in the vehicl...

Excerpt: ...plaint (“SAC”). Moving Defendants also seek an order striking portions of the SAC relating to attorney fees and punitive damages. TENTATIVE RULING: The demurrer is sustained with 30 days leave to amend. The motion to strike Plaintiff's request for attorney fees is granted, and the motion to strike Plaintiff's request for punitive damages is moot. On 5/3/23, Moving Defendants filed the instant demurrer and motion to strike. On 5/17/23, Raincro...

Excerpt: ...nd. Both requests for judicial notice are denied. The parties are again reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. Failure to comply with these requirements in the future may result in papers being rejected, matters being placed off calendar, matters being continued so documents can be resubmitted in compliance with these requirements, documents not being considered and/or the imposition of...

Excerpt: ...s awarded $166,000.61 in attorney fees and costs. REQUEST FOR JUDICIAL NOTICE: Defendant's request for judicial notice is granted. ANALYSIS A. Right to Recovery An award of attorney fees is proper when authorized by contract, statute, or law. (Code Civ. Proc. §§ 1032, subd. (b); 1033.5, subd. (a)(10).) Here, it is undisputed by the parties that the lease agreement entered into between them provides: “[i]n the event either party shall institut...

Excerpt: ...ion with 30 days leave to amend and overruled as to Plaintiff's fourth and fifth causes of action. BACKGROUND¿ This action arises out of Plaintiff's allegations that nonmoving defendant Edelmira Cruz Torres, his former legal secretary, falsely and fraudulently stole Plaintiff's identity by, inter alia, “changing all passwords on Plaintiff's credit cards and bank accounts that she had falsely and fraudulently been using and making charges and/o...

Excerpt: ...o arbitration; and (2) staying this action pending the outcome of the arbitration. TENTATIVE RULING: The motion is granted. Plaintiff's evidentiary objections are overruled. Defendant's request for judicial notice is granted. The parties are reminded that all documents “must be text searchable when technologically feasible without impairment of the document's image.” (CRC 2.256(b)(3).) Failure to comply with these requirements in the future m...

Excerpt: ...Boykin, an individual (collectively, “Plaintiffs”) NOTICE: OK¿ ¿ RELIEF REQUESTED: An order granting summary judgment, or in the alternative, summary adjudication in favor of Defendant and against Plaintiff. ¿ TENTATIVE RULING: The motion is denied. Defendant's 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-filing documents, par...

Excerpt: ...al notice is granted. BACKGROUND This action arises out of a 5/2/20 agreement entered into between Plaintiff and Defendant, wherein Defendant agreed to construct a retaining wall at Plaintiff's residence, located at 17764 Sidwell Street, Granada Hills, California 91344. Plaintiff alleges Defendant made misrepresentations with regard to the necessary construction permits. (Compl. ¶¶ 12–15.) On 10/22/20, Plaintiff filed the instant action, alle...

Excerpt: ...n individual (collectively, “Plaintiffs”) NOTICE: OK¿ ¿ RELIEF REQUESTED: Defendant demurs to the ninth cause of action in Plaintiffs' second amended complaint (“SAC”). ¿ TENTATIVE RULING: The demurrer is sustained as to Plaintiffs' ninth cause of action with 30 days leave to amend. 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 comp...

Excerpt: ...mended complaint (“FAC”). TENTATIVE RULING: The motion is denied. ANALYSIS 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., § 436, subd. (a).) 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 order of the court. (I...

Excerpt: ...tiff's entire petition without leave to amend, and the petition is therefore dismissed. REQUEST FOR JUDICIAL NOTICE: Respondent's request for judicial notice is granted. BACKGROUND Petitioner brings this action against Respondent in relation to the Los Angeles County Department of Regional Planning's (“DRP”) evaluation and recommendation of conditions of approval in Petitioner's Conditional Use Permit (“CUP”) Application No. RPPL201900266...

Excerpt: ...' complaint. TENTATIVE RULING: The demurrer is sustained with 30 days leave to amend. BACKGROUND On 7/14/19, Plaintiffs allegedly purchased a vehicle manufactured by nonmoving defendant Ford Motor Company (“FMC”), and now bring this action under the Song-Beverly Consumer Warranty Act (Civil Code § 1790 et seq.), alleging that defects and nonconformities manifested themselves during the warranty period. (Compl. ¶¶ 15–17.) Plaintiffs prese...

Excerpt: ...deposition subpoena for production of business records, propounded and served on non-party deponent Ritchie Bros. Auctioneers Defendants also seek an imposition of sanctions against Plaintiff and its counsel in the amount of $1,750.00. TENTATIVE RULING: The motion to quash and request for sanctions are denied. BACKGROUND This action arises out of three business loans extended by Plaintiff to defendant Topolewski America, Inc. (the “Company”)....

Excerpt: ...eement dated 9/9/22. Defendant also requests an award of attorney fees and costs against Plaintiff in the amount of $2,190.00. TENTATIVE RULING: The unopposed motion is granted. Defendant is entitled to (1) an executed Deed in Lieu of Foreclosure granting it title to the subject property; and (2) $1,260.00 in attorney fees and costs. Defendant is to file with the Court a proposed order reflecting the Court's ruling. Defendant is again reminded to...

Excerpt: ...deposition subpoena for production of business records, propounded and served on non-party deponent Caterpillar, Inc. Defendants also seek an imposition of sanctions against Plaintiff and its counsel in the amount of $1,750.00. TENTATIVE RULING: The motion to quash and request for sanctions are denied. BACKGROUND This action arises out of three business loans extended by Plaintiff to defendant Topolewski America, Inc. (the “Company”). Plainti...

Excerpt: ...pelling Plaintiff to serve further responses to Defendant's Form Interrogatories, Set One, Nos. 20.2, 20.5, and 20.8. Defendant further requests that the Court order monetary sanctions against Plaintiff and her counsel in the amount of $540.00. TENTATIVE RULING: The unopposed motion is granted. Plaintiff is ordered to serve further responses to Defendants' Form Interrogatories, Set One, Nos. 20.2, 20.5, and 20.8 within 30 days. The Court imposes ...

Excerpt: ...me charges were duplicative, thus lowering the amount sought to $99,462.23.) RELIEF REQUESTED: An order awarding Plaintiff his attorney fees in the amount of $99,462.23. TENTATIVE RULING: The motion is granted in part. Plaintiff is awarded $65,673.73 in attorney fees and costs. REQUEST FOR JUDICIAL NOTICE: Plaintiff's request for judicial notice is granted. Defendant is reminded to review the 5/3/19 First Amended General Order Re Mandatory Electr...

Excerpt: ...lmas, in pro per (“Plaintiff”) NOTICE: OK RELIEF REQUESTED: A second order compelling Plaintiff to serve further responses to Defendant's Form Interrogatories, Set One. Defendant further requests that the Court order monetary sanctions against Plaintiff in the amount of $8,530.00. TENTATIVE RULING: The motion is granted. Plaintiff is ordered to serve further responses to Defendants' Form Interrogatories, Set One within 30 days. The Court impo...

Excerpt: ...ullen (“Plaintiff”) NOTICE: OK RELIEF REQUESTED: Defendants move for an order granting renewal of Defendants' 4/30/21 motion to strike portions of Plaintiffs' second amended complaint (“SAC”) relating to treble damages. TENTATIVE RULING: The motion is granted. BACKGROUND This action arises out of Plaintiff's claim that in 1982, he was sexually assaulted by Father Stanley Adamakis (now deceased), a Greek Orthodox priest in Northridge, CA, ...

Excerpt: ...TIVE RULING: The motion is denied. Defendant's request for judicial notice is granted. 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 7/24/22, for which Defendant issued the manufacturer's express warranty. (Compl. ¶¶ 5, 11.) Plaintiffs allege that “the Subject Vehicle was delivered to Plaintiffs with serious defects and nonconformitie...

Excerpt: ...y (“Defendant”) NOTICE: OK RELIEF REQUESTED: An order granting summary adjudication in favor of Plaintiff's complaint for partition, and that the property be sold and the net proceeds distributed to the co-owners pursuant to their respective ownership interests. ¿ TENTATIVE RULING: The unopposed motion is granted. REQUEST FOR JUDICIAL NOTICE: Plaintiff's request for judicial notice is granted. BACKGROUND¿ This action arises out of the parti...

Excerpt: ...emurs to the third cause of action in Plaintiff's complaint. ¿ TENTATIVE RULING: The demurrer is sustained with 30 days leave to amend. BACKGROUND¿ On 11/23/18, Plaintiff allegedly purchased a vehicle manufactured by nonmoving defendant Ford Motor Company (“FMC”), and now brings this action under the Song-Beverly Consumer Warranty Act (Civil Code § 1790 et seq.), alleging that defects and nonconformities manifested themselves during the wa...

Excerpt: ...s, Set Two, are unduly burdensome, cumulative, repetitive, unwarranted, and oppressive, 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 continued to August 24, 2023 at 08:30 a.m., in Department F51, and sanctions are deferred. The parties' counsel are ordered to meet and confer in person within 60 days in ...

Excerpt: ...D: An order compelling Defendant's further responses, within 14 days, to Plaintiff's Form Interrogatories, Set One, Nos. 7.1, 12.1(a), 12.2(a)–(c), 12.3, 12.4, 12.6, 15.1, 17.1, and 20.2. [1] Plaintiff also requests monetary sanctions against Defendant and its counsel in the amount of $4,561.65, payable within 14 days. TENTATIVE RULING: The motion is granted in part and denied in part. The Court defers the issue of sanctions. Plaintiff is remin...

Excerpt: ...F REQUESTED: An order substituting Proposed Plaintiff for current Plaintiff, Bank of the West. TENTATIVE RULING: The unopposed motion is granted. BACKGROUND This action arises out of three business loans extended by Plaintiff to defendant Topolewski America, Inc. (the “Company”). Plaintiff allegedly entered into three separate loan agreements with the Company on 7/26/19, 5/14/20, and 7/12/21, each secured by various pieces of the Company's eq...

Excerpt: ...rogatories, Set Two · Requests for Admission, Set One Plaintiffs further request that the Court order monetary sanctions against Defendant and/or his counsel in the combined amount of $3,150.00. TENTATIVE RULING: The unopposed motions are granted. Defendant is ordered to provide objection- free responses to Plaintiffs' Demands for Production, Set Four, and Form Interrogatories, Set Two within 10 days. Plaintiffs' Requests for Admission, Set One,...