Excerpt: ...EMENT COMPANY v. MARB CONSTRUCTION MANAGEMENT, an entity; ML PLUMBING, an entity; MICHAEL LEVENDOSKY, an individual; and ROES 1 -50 inclusive 7 TENTATIVE RULING – COMPEL RESPONSES BACKGROUND ALL MOTIONS 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 11/17/20...

Excerpt: ...he Glendale Hotel, LLC, demurs to the First, Third, Fourth, Fifth and Sixth causes of action in Plaintiffs' Complaint. Defendant demurs to such Causes of Action, pursuant to California Code of Civil Procedure § 430.10, on the grounds that the Complaint fails to state sufficient facts to constitute a cause of action against Defendants. BACKGROUND Plaintiffs' Complaint arises out of personal injury and monetary damages sustained by Plaintiffs as a...

Excerpt: ...(e) & (f) on the grounds that each alleged cause of action fails to state a cause of action and is uncertain. In addition to demurring to each cause of action based on uncertainty and failure to state sufficient facts, Defendants demur to each cause of action because Defendants argue that each cause of action is premised on an illegal contract which is void as a matter of law. BACKGROUND Plaintiff, California Balcony, Inc., filed the instant acti...

Excerpt: ...DEMURRER 1 RELIEF REQUESTED Defendant Elvis Madatyan moves for an order sustaining his demurrer to the Third, Fourth, Fifth, Sixth, Seventh, and Ninth Causes of Action of Plaintiffs' First Amended Complaint (FAC) pursuant to CCP § 430.10. BACKGROUND An initial Complaint was filed in this action on 9/19/2023. There was no demurrer hearing as to the initial Complaint. The FAC was filed on 2/2/2024. The instant action surrounds allegations that sev...

Excerpt: ...: 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 Plaintiff's Complaint as ...

Excerpt: ...g -Beverly Act – Breach of Implied Warranty; and (3) Violation of the Song -Beverly Act Section 1793.2. RELIEF REQUESTED¿ Plaintiff, Wenderson Alexandrino, moves for an order to compel responses, without objections, to Plaintiff's Requests for Production of Documents, Set One. Plaintiff's Requests for Production of Documents, Set One, was initially served and propounded on De fendant by Plaintiff on January 9, 2024. This Motion is made pursuan...

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: ...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: ...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: ... 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: ...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: ... 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: ...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: ...�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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: .... 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: ...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...

Excerpt: ...CCP §2030.290 and Request for Costs, Sanctions, and Attorneys Fee s under CCP §§2023.010 et seq. and 2030.290 et seq. against Defendant Moder Event Venue, Inc., and/or it's Attorney of Record, Cullins & Grandy, LLP. Plaintiff seeks sanctions, reimbursement of costs, and attorney's fees against Defendant in the amount of $1,661.50 under Cal. Civ. Proc. Code §§ 2023.010 et seq. and 2030.290. Procedural Moving Party: Plaintiff, Gina A. Castillo...

Excerpt: ...an Order (i) compelling Plaintiff Jesse Flores (“Plaintiff”) to arbitrate her claims on an individual basis, including her individual claims brought under the Private Attorneys General Act (“PAGA”), pursuant to the terms of a valid and enforceable arbitration agreement; (ii) staying Plaintiff's non -individual PAGA claims; and (iii) staying proceedings pending completion of the individual arb itration. Manpower Defendants bring this Motio...

Excerpt: ...: (1) $35,488.00 incurred in attorney's fees plus a 1.5 time multiplier in the additional amount of $17,744.00; and (2) an additional $5,000 for Plaintiffs' counsel to review General Motors LLC's Opposition, draft the Reply brief, and attend the hearing on this Motion (though they expect to spend well over ten hours on these) plus a 1.5 time multiplier in the additional amount of $2,500.00. Plaintiff also seeks enforcement of the prospective sanc...

Excerpt: ...motion is made on the grounds that Plaintiffs on each of the grounds set forth herein in the following demurrer. 1. The First Supplemental Cause of Action fails to state facts sufficient to constitute a cause of action as detailed in California Code of Civil Procedure §430.10(e). Moving Parties, for each of these reasons, move for an order of this Court sustaining the Demurrer and Motion to Strike without leave to amend. This Demurrer and Motion...

Excerpt: ...30 and California Rules of Court, rule 3.1320, and is made on the following grounds: 1. Plaintiff's first cause of action for Premises Liability fails to state facts sufficient to constitute a cause of action. (Code Civ. Proc. §430.10(e).) 2. Plaintiff's first cause of action for Premises Liability is uncertain, ambiguous and unintelligible Plaintiff has not stated any facts or allegations as to Defendant's notice or that Defendant's conduct was...

Excerpt: ...Big Sisters Association of Los Angeles dba Camp Bob Waldorf (erroneously sued as two separate entities) (“JBBBS” or “Defendant”) Responding Party: Plaintiff, David Hernandez, a minor, by and through his Guardian Ad Litem Daizy Villalvazo RELIEF REQUESTED Defendant, Jewish Big Brothers Big Sisters Association of Los Angeles dba Camp Bob Waldorf (erroneously sued as two separate entities) (“JBBBS” or “Defendant”), demurs generally a...

Excerpt: ...remises Liability and (2) General Negligence. Plaintiff alleges that while they were in Defendant, Glendale Adventist Health Center's, place of business as a patron, active construction work was conducted by Cornerstone Construction, and Plaintiff tripped over an object on the floor which cause d Plaintiff to fall. On 05/04/2023, Defendant, Glendale Adventist Medical Center dba Adventist Health Glendale, filed an Answer to the Complaint. On 06/02...

Excerpt: ...endale Unified School District, pursuant to the provisions of Code of Civil Procedure Section 437c, will and hereby does move the Court for an order granting Summary Judgment or, in the alternative, for an order granting summary adjudication of some or all of the causes of action that are found in the plaintiff's First Amended Complaint on the following grounds: The defendant moves for summary judgment as to the FAC on the following grounds: 1. T...

Excerpt: ...Plaintiff alleges that on or about April 27, 2021, Plaintiff was a patron at Defendant's The Coffee Bean & Tea Leaf store. (Compl. ¶7.) Plaintiff alleges that when she was walking inside of the store, she slipped and fell in a large puddle of soapy water on the floor. (Id.) Plaintiff alleges that an employee of Defendant witnessed the incident and took down an incident report. ( Id.) On 5/15/2023, Plaintiff filed an amendment to the Complaint na...

Excerpt: ...ntry Metropolitan Transportation Authority, Henry C. Alvarez, and Integon National Insurance Company, a corporation. On 8/15/2023, an Order to Show Cause Re: Failure to File Proof of Service was called for hearing and no appearances were made by, or for, either party. Proof of service had not been filed, so the Court indicated the following: On the Court's own motion, the Order to Show Cause Re: Failure to File Proof of Service scheduled for ...

Excerpt: ... Tom Love Group Responding Party: Defendant, Palig Saghdejian Moving Papers: Plaintiff's Ex Parte Motion To Vacate Sister -State Judgment Against Defendant Opposition Papers: No Opposition submitted; however, Defendant's attorney filed a “Notice of Remote Appearance.” Reply: No Reply 16/21 Day Lapse (CCP §12c and §1005(b): Ok Proof of Service Timely Filed (CRC, Rule 3.1300): Ok Correct Address (CCP §1013, §1013a): Uncertain – On eCourt,...

Excerpt: ...Complaint on 05/16/2023 against Defendants LA County Metro Trans Authority and Michael Jay Ahn. On 07/20/2023, Cross -Complainant, Los Angeles Country Metropolitan Transportation Authority, filed a Cross -Complaint against Cross -Defendant, Meri Iskandaryan. MOTION 1 Moving Party: Cross -Defendant, Meri Iskandaryan Responding Party: Cross -Complainant, Los Angeles County Metropolitan Transportation Authority Moving Papers: Motion; Proposed Order ...

Excerpt: ...anitza Maravilla, and Andres Morales Rios, move the Court for an order compelling further responses to Plaintiffs' First Set of Requests for Production and for monetary sanctions in the amount of $2,610.00 against Defendant FCA US LLC and its attorneys of record, Ongaro P.C. “This motion is made on the grounds that Defendant FCA US LLC has not provided Code - compliant responses to Plaintiffs' Requests for Production numbers 45-46 pursuant to C...

Excerpt: ...; v. WOODGLEN HOMEOWNERS ASSOCIATION, a California non -profit corporation and DOES 1 THROUGH 20, inclusive, [TENTATIVE RULING – MOTION FOR ATTORNEY FEES] RELIEF REQUESTED ¿ Petitioners, Traci Ann Curtis -De Rago, an individual and as Trustee, or Successor Trustee, under the John E. De Rago and Traci Ann Curtis -De Rago Family Trust dated November 20, 2009, Margarita Hirapetian, Roubina Malayan, an individual and Trustee of the Roubina Malayan...

Excerpt: ...: Plaintiffs, Hilda Kasimian and Stepan Kasimian Moving Papers: Notice/Demurrer Opposition Papers: Opposition Reply Papers: Reply RELIEF REQUESTED Defendant, GMS, moves this Court for an order sustaining its demurrer to the First Amended Complaint (FAC) as to the first cause of action for breach of contract. This Demurrer is made pursuant to California Code of Civil Procedure §§ 430.10(e) and (f) on the grounds that the First Cause of Action in...

Excerpt: ... STRIKE] Moving Party: Defendant, Elvis Madatyan Responding Party: No Opposition Moving Papers: Demurrer and motion to strike (All submitted in a single filing) Opposition Papers: No Opposition submitted Reply Papers: No Reply submitted RELIEF REQUESTED Defendant, Elvis Madatyan, moves the Court for an order sustaining his demurrer to the third, fourth, fifth, sixth, seventh, and ninth causes of action of Plaintiffs' Complaint pursuant to CCP §4...

Excerpt: ... corporation; Galpin Volkswagen, a business entity, form unknown; and DOES 1- 40 inclusive. The first three causes of action – (1) Violation of Song- Beverly Act – Breach of Express Warranty, (2) Violation of Song-Beverly Act – Breach of Implied Warranty, and (3) Violation of Song-Beverly Act – Section 1793.2 – are alleged against Defendant Volksw agen Group of America, Inc. The fourth cause of action for negligent repair is alleged aga...

Excerpt: ...s for Admission (Set One), on the following grounds: •Plaintiff served straightforward requests for admission; • Requests for admission are designed to narrow the issues that will be presented at the time of trial; • Defendant provided evasive responses filled with boilerplate objections to each of Plaintiff's 26 requests for admission; • Plaintiff needs the requested discovery to prepare for trial; • Plaintiff will be prejudiced if he ...

Excerpt: ...PARTNERSHIP CO, a California Corporation, to comply and produce the documents that it was ordered to produce on June 30, 2023, as several responsive categories of documents identified and ordered t o produce have still not been produced, even though Plaintiff's counsel had agreed to fully comply with the court order. Plaintiff be ordered to produce all the documents within twenty (20) days of the hearing of this motion; (2) For monetary sanctions...