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