Excerpt: ...ANAGEMENT COMPANY v. MARB CONSTRUCTION MANAGEMENT, an entity; ML PLUMBING, an entity; MICHAEL LEVENDOSKY, an individual; and ROES 1-50 inclusive TENTATIVE RULING – COMPEL RESPONSES BACKGROUND Plaintiffs filed a Complaint against Defendants on 9/1/2022 alleging three causes of action for: (1) General Negligence; (2) Negligent Hiring, Supervision, or Retention of Employee; and (3) Negligent Infliction of Emotional Distress. On 11/17/2022, a Cross...

Excerpt: ...nt, Inc. and Yuke Hou filed a Complaint against Yi Wang, Lei Zhang, and Hedi Wang on 06/21/2023. On 7/11/2023, Plaintiffs Hairun Investment, Inc. and Yuke Hou filed an ex parte application for a temporary restraining order. On 7/13/2023, the ex parte application was granted in part. On 8/2/2023, the Plaintiffs' request for a preliminary injunction was denied, and the temporary restraining order issued on 7/13/2023 was dissolved. Yi Wang filed an ...

Excerpt: ... of Subdivision (a)(3) of Civil Code Section 1793.2; (4) Breach of Express Written Warranty Civil Code Section 1791.2 subdivision (a), Section 1794; and (5) Breach of the Implied Warranty of Merchantability Civil Code Section 1791.1, Section 1794. RELIEF REQUESTED¿ “Plaintiff moves for an order compelling Defendant, FCA US LLC to respond to Plaintiff's (1) Form Interrogatories, Set One; (2) Special Interrogatories, Set One; (3) Requests for Ad...

Excerpt: ...Mercedes- Benz USA, LLC moves the Court for an order (i) compelling Plaintiff Sergio De Alba Sr., et al to arbitrate all of his claims in accordance with the arbitration agreement; and (ii) staying this action pending the outcome of arbitration. This motion is authorized by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1- 16, California Code of Civil Procedure § 1281 et seq. and supported by the accompanying Memorandum of Points and Aut...

Excerpt: ...e Opposition Papers: Opposition Reply Papers: Reply RELIEF REQUESTED “Defendant, Chase, demurs to the Third Amended Complaint (TAC) on the following grounds: 1. The First Cause of Action does not state a cause of action because the common law negligence cause of action is displaced and preempted by the comprehensive scheme of regulation in California's enactment of Division 11 of the California Commercial Code applicable to wire transfers. ...

Excerpt: ...petitions this Court for an order relieving her from the provisions of Government Code §945.4 on account of failure to file a timely claim against R espondent, Glendale Unified School District, as Petitioner was a minor during all of the time specified in Section 911.2 for the presentation of the claim. PROCEDURAL Moving Party: Petitioner, Greg Asaduriyan Responding Party: No Opposition by Respondent Glendale Unified School District (Respondent ...

Excerpt: ...ions of Plaintiff's Complaint: 1. Portions of paragraph 32 of Plaintiff's Complaint as set forth below: "so as to justify an award of punitive damages against Defendants in an amount according to proof," 2. Portions of paragraph 37 of Plaintiff's Complaint as set forth below: "so as to justify an award of exemplary or punitive damages against Defendants in an amount according to proof at trial." 3. Portions of paragraph 45 of Plai...

Excerpt: ...in accordance with the local rules and requirements. As set for more fully in the moving papers, the facts giving rise to this motion support the relief sought. This motion is based on the Notice, the Memorandum of Points and Authorities and Declaration of Cecilia D. Torello, the Request for Judicial Notice, the papers and pleadings on file in this matter, and on such other oral and documentary evidence as may be presented in support of this moti...

Excerpt: ... Code §54. RELIEF REQUESTED Plaintiff, Orlando Price, moves this Court for an order compelling the deposition of Defendant's Person(s) Most Qualified for Los Angeles County Metropolitan Transportation Authority re: ADA Compliance Pursuant to CCP §2025.010 et seq and 2025.230 et seq. and request for production of documents as specified in Plaintiff's deposition notice. PROCEDURAL Moving Party: Plaintiff, Orlando Price Responding Party: Defendant...

Excerpt: ...era Event Venue, Inc. failed to timely respond to Form Interrogatories, Set One, due to counsel's mistake, inadvertence, or excusable neglect. Due to a conflict in representation, Cullins & Grandy LLP will no longer be representing Modera Event Venue, Inc. In the process of transferring representation to new counsel, Cullins & Grandy LLP failed to timely serve a response to Form Interrogatories, Set One. This Motion is brought pursuant to Code of...

Excerpt: ...wherein the Opposition states that sanctions are still at issue. Opposition cites CCP § 2025.420(h) which states, “The court shall impose a monetary sanction under Chapter 7 (commencing with § 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion for a protective order, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the impositi...

Excerpt: ...�FAC”), pursuant to Code of Civil Procedure §430.10(e), on t\ he ground that each of them fails to state facts sufficient to constitute a cause of action against Defendant.” PROCEDURAL ANALYSIS Moving Party: Defendant, Calstar Motors Inc. Responding Party: Plaintiff, Gagik Grigoryan Moving Papers: Notice/Demurrer; Request for Judicial Notice; Decl. Yang; Proposed Order Opposition Papers: Opposition; Decl. Margarian; Proof of Service; Objecti...

Excerpt: ...RICAN CONTRACTOR INDEMNITY COMPANY, a California Company; and DOES 1 to 55, inclusive, 3 - TENTATIVE RULINGS- 2 DEMURRERS AND 1 MOTION TO STRIKE DEMURRER 1 RELIEF REQUESTED “Defendants, HHKC Development, Inc.; Kit Chan; and William Chan demur\ to Plaintiffs' FAC on the following grounds: Defendants individually and collectively demur to the entire First Amend\ ed Complaint the ground that it fails to state facts sufficient to constitu\ te a cau...

Excerpt: ... America, Inc's (“Defendant”\ or “SOA”), Motion for Summary Judgment (“MSJ”), and grant\ ing leave to file an Opposition to the MSJ. Plaintiff's Motion is made pursuant to California Code of Civil Procedure, section 473, subdivision (b) on the grounds that due to a clerical oversight and excusable neglect in Plaintiff's counsel's office's calendaring department, Plaintiff failed to file an Opposition to SOA's MSJ. (Declaration of Luis...

Excerpt: ...Opposition Papers: Opposition Reply Papers: Reply RELIEF REQUESTED Defendant, Chase, demurs to the Third Amended Complaint (TAC) on the following grounds: 1. The First Cause of Action does not state a cause of action because th\ e common law negligence cause of action is displaced and preempted by the \ comprehensive scheme of regulation in California's enactment of Division\ 11 of the California Commercial Code applicable to wire transfers. ...

Excerpt: ...on Reply Papers: No Reply as of 4/5/2024; Reply would have been due 4/4/2024 RELIEF REQUESTED Defendants demur to the Amended Complaint (AC) as follows: 1. The First Cause of Action for Breach of Contract fails to state facts\ sufficient to constitute a cause of action (CCP §430.10(e)); 2. The Second Cause of Action for Common Counts fails to state facts sufficient to constitute a cause of action (CCP §430.10(e)); 3. The Third Cause of Action f...

Excerpt: .... This motion is made pursuant to Code of Civil Procedure section 473(b) on the ground that the default judgment was taken against her through her mistake, inadvertence, surprise, or excusable neglect, Code of Civil Procedure section 473.5 on the ground that service of the summons did not result in actual notice to her in time to de fend the action, and on the Court's inherent, equitable power to set aside a judgment on the ground of extrinsic fr...

Excerpt: ...Interrogatories, Set One; and c) Plaintiff's Request for Production of Documents, Set One; 2. For an Order deeming Plaintiff's Requests for Admissions, Set One, to each Defendant to be admitted; and 3. For a monetary sanctions award of $2,576.67 as against each Defendant, jointly and severally, for failing to respond to discovery in good faith. This motion is made pursuant to Code of Civil Procedure §§ 2023.010, 2030.300, 2031.300, and 2033.280...

Excerpt: ...0 this Notice, the attached Memorandum of Points and Authorities, the Declaration of Patrick J. Torsney, Esq., the court file and on such further information as may be presented at the hearing. The Court notes that Movant refers to itself as “Defendants.” It appears as if this motion was filed by one Defendant, not multiple Defendants. This motion appears to be filed by Defendant, 1001 Las Lomas, LLC. The Court will presume there is one movin...

Excerpt: ...nses without objections, and for:; 2. An order compelling Defendant Shupe to Further Respond to Plaintiff's Form Interrogatory 17.1 as it related to Plaintiff Saavedra's Request for Admissions #2. 3. An award of monetary sanctions in the amount of $3,105.00 against Defendant Shupe and his attorneys of record Adam L. Robinson, LaFollette, Johnson, DeHass, Fessler & Ames, jointly and severally. Plaintiff relies on Code of Civil Procedure §128....

Excerpt: ...ounds that Defendant James Wu has served responses in substantial compliance with sections 2030.010 et seq., 2031.010 et seq., and 2033.010 et seq., and the failure to serve timely responses was the result of his attorney's mistake, inadvertence, or excusable neglect. The motion will be based on this notice, the attached memorandum of points and authorities, and declaration of Lyle R. Mink; on all documents in the court file, and on any documents...

Excerpt: ...nt's willful decision to drive above the speed limit and c ontinue operating his vehicle with knowledge that the vehicle would “slide” and lose control when he applied his brakes. Plaintiff's Motion is made pursuant to Code of Civil Procedure sections 473, subdivision (a)(1), and 576 on the following grounds: • Plaintiff deposed Defendant on January 31, 2024. There, Defendant testified that immediately before the collision, his vehicle “s...

Excerpt: ...c)(5) and applicable ca se law on the ground that Plaintiff is entitled to recover their attorney fees incurred as an element of costs pursuant to the Contract and Guaranty. The Motion will be based on this Notice, the Memorandum of Points and Authorities, the Declaration of Todd S. Garan filed concurrently herewith, the complete files and records on file herein and upon such other and further oral and documentary evidence as may be presented at ...

Excerpt: ...ief, and ¶5 in the Prayer for Relief. This motion is made pursuant to Code of Civil Procedure §§ 435 and 436 and California Rules of Court 3.1320(i) on the grounds the Cross -Complaint includes irrelevant, false or improper matters that should be stricken. Specifically, the Complaint improperly requests punitive damages without any facts or law to support such relief. In addition, the Cross -Complaint includes allegations and references that a...

Excerpt: ...he dismissal entered in this case. RELIEF REQUESTED¿ Plaintiff, Tracey Baumert moves this Court for an Order setting aside and vacating the order entered on October 9, 2023 dismissing the complaint. Said motion will be made on the grounds that Plaintiff is entitled to be relieved from said order pursuant to California Code of Civil Procedure Section 473(b) and the court's inherent powers, on the grounds that such order was entered as the res...