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...

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 ...