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: ... counsel regarding the Demurrer and to file a supplemental declaration describing such meet and confer efforts at least nine (9) court days before the next scheduled hearing on the Demurrer. BACKGROUND This is an action arising from a dispute over a family trust. In September 1998, Carlota G. Cruz and Carlota's husband, Antonio V. Cruz, formed The Antonio V. Cruz and Carlota G. Revocable Trust (Cruz Trust) and are trustees of the Cruz Trust. In D...

Excerpt: ...Aviation Inc. (“Defendants”) asserting three causes of action: (1) Breach of Contract, (2) Quantum Meruit, and (3) Express and Implied Indemnity. Defendant Liker filed a cross-complaint on May 27, 2022, alleging two causes of action against Plaintiff for breach of fiduciary duty and fraud. On June 23, 2023, this court overruled Appel's demurrer to the first cause of action for breach of fiduciary du ty, and sustained the demurrer as to the se...

Excerpt: ...Defendants”) filed a demurrer to the FAC. As of April 23, 2024, no opposition has been filed. Tenser filed a motion for leave to amend and file a Second Amended Complaint, which is set to be heard on the same day as this motion, on April 25, 2024. Request for Judicial Notice The County Defendants request judicial notice of the fact that Los Angeles County District Attorney George Gascón took office on December 7, 2020, and of several filings a...

Excerpt: ... Burbank Senior Villa West ("LBC"), Burbank Senior Villa West, Trion Solutions Inc. Orion"), Kornland Building, and Paul Lawrence Dunbar Haney IV ("Haney") for wrongful death (Labor Code 53601) and premises liability. Plaintiffs, the parents of decedent Moncerrat Vargas ("Decedent'), allege Decedent was an employee of LBC/Trion/ Burbank Senior Villa West. After Haney was terminated from his employment with defendants, Haney stabbed Decedent when ...

Excerpt: ...r period, Plaintiff alleges she was stalked and harassed by a male coworker, Paul Chen. Plaintiff alleges Defendants failed to discipline or ta ke other action against Chen despite her complaints. Plaintiff eventually resigned from her position due to Defendants' failure to prevent Chen's harassment. Defendants now demurrer to the First, Second, Third, Fourth, Fifth, Ninth, and Tenth Causes of Action in the First Amended Complaint. Plaintiff oppo...

Excerpt: ...tion was filed. Negligence To state a claim for negligence, a party must allege (1) duty, (2) breach, and (3) causation. CACI 400, see, e.g. McIntyre v. Colonies- Pacific, LLC (2014) 228 Cal.App.4th 664, 671. For purposes of negligence liability, a landlord has a duty to take reasonable precautions to protect patrons from highly foreseeable third -party crimes. Ann M. v. Pacific Plaza Shopping Center (1993) 6 Cal.4th 666, 679. Foreseeability can ...

Excerpt: ...t filed by Plaintiff Fallon Seaborn (“Plaintiff”). The Court SUSTAINS the demurrer WITH LEAVE TO AMEND. Plaintiff shall amend the Complaint within 20 days. Background This is a breach of contract case. Defendant is a lender that makes small, secured cash loans. Plaintiff alleges that Plaintiff and Defendant entered into an agreement on June 5, 2019. Plaintiff alleges that Defendant makes loans at a very high interest rate. Plaintiff alleges t...

Excerpt: ...laintiff David Bruch. The fire occurred at a building located at 8423 N. Canoga Ave on October 18, 2021. Plaintiffs Sarah Fry Bruch and Gregory Bruch (Plaintiffs) have alleged that each named Defendant contributed to the fire in some way, through the equipment designed, manufactured, sold, or installed in the building; by neglecting to adhere to building codes and regulations to maintain the facility; and/or by failing to follow code compliance i...

Excerpt: ...tion for discrimination based on race and disability, the second cause of action for harassment based on race and disability, the fourth and fifth causes of action; the demurrer to the eighth cause of action is moot. Based on the joinder, the demurrer is also sustained as the causes of action alleged against Defendant Williams. The Motion to Strike is granted. On August 23, 2023, Plaintiff Tina Edwards (Plaintiff) sued Defendants Los Angeles Coun...

Excerpt: ...ing Party: Defendant Devoto -Wade LLC dba Golden State Cider Motion for Issue and Monetary Sanctions The Court considered the moving papers, opposition, and reply. Background On January 13, 2023, Plaintiff Ben Myerson Candy Co., Inc. dba Wine Warehouse (“Plaintiff”) filed the operative Second Amended Complaint (“SAC”) against Defendant Devoto - Wade LLC dba Golden State Cider (“Defendant”), and DOES 1-10, inclusive for: (1) Breach of ...

Excerpt: ...ual; VIMAL PONNEZHAN, M.D., an individual; COMPREHENSIVE CARE PROVIDERS CORPORATION, a California corporation; PALLICKAL, MALLIK, PONNEZHAN MEDICAL CORPORATION, a California professio nal corporation; and ROES 1 through 20. CASE NO.: 23AHCV00341 DEMURRER WITH MOTION TO STRIKE MOTION FOR ORDER REQUIRING BOND MOVING PARTY : Comprehensive Care Providers Corporation, Leejoe Pallickal, M.D. and Vimal Ponnezhan M.D. Pallickal, Mallick, Ponnezhan Medica...

Excerpt: ...against Defendant Piaggio Group Americas, Inc. (“Defendant”). The Complaint alleges a causes of action for (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) violation of Vehicle Code section 11713.13(d); and (4) relief pursuant to Vehicle Code section 11726 . Plainitff sought damages of $$12,858.57. The court granted Plaintiff's Motion for Summary Judgment on April 7, 2022. (Minute Order, 04/07/22....

Excerpt: ... not being relevant. Introduction Plaintiff Bryant Marin (Plaintiff) moved for attorneys' fees, costs, and expenses against Defendant FCA US LLC (Defendant). (Civ. Code, sec. 1794(d).) Plaintiff requested fees in the total amount of $119,463.75; costs in the amount of $11,514.72, and expenses in the total amount of $525.00. The $119,463.75 in attorneys' fees includes: (1) a 1.5 multiplier of $74,642.50, making fees add up to $111,963.75; and (2) ...

Excerpt: ...ely, “Plaintiffs”) filed this action against defendants Dr. Robert Khorramian, Dr. Ellie Goldstein, and The Rehabilitation Centre of Beverly Hills (“the Centre”) for wrongful death ari sing from allegations of medical malpractice. On February 26, 2024, the Centre filed an application for good faith settlement, in addition to the instant motion for determination of good faith settlement between it and Plaintiffs. As of April 11, 2024, the ...

Excerpt: ...S, SET THREE Background On March 25, 2024, Plaintiff Kristina Holman (“Plaintiff”) filed this operative Second Amended Complaint (“SAC”) against Defendants Kerlan -Jobe Surgery Center LLC; Kerlan- Jobe , LLC; Cedars-Sinai Kerlan Jobe Institute; Cedars -Sinai Medical Center; Cedars-S inai Medical Care Foundation; Kerlan -Jobe Orthopaedic Clinic, a Medical Group, Inc. (collectively, “Defendants”); and DOES 1 through 50, inclusive, asser...

Excerpt: ...al Standard Code of Civil Procedure, section 387, subdivision (d)(1) provides that the court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if “a provision of law confers an unconditional right to intervene,” or “[t]he person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the a...

Excerpt: ...Cornelius Sr., Christopher D. Cornelius Sr., individually and successors in interest to Earl Conelius Jr., deceased . TRIAL DATE: Not Set. MOTION: (1) Motion for Judgment on the Pleading s Tentative Rulings: (1) GRANTED, with 20 days' leave to amen d I. BACKGROUND A. Factual On March 20, 2023, Plaintiffs, Carlos E. Cornelius Sr., Dwayne Cornelius, Jonathan L. Cornelius, Lamont Cornelius Sr., Christopher D. Cornelius Sr., individually and successo...

Excerpt: ...nduct discovery, which Respondent opposes. The motion is granted in part and denied in part. FACTUAL BACKGROUND Petitioner was licensed to practice medicine in California in 2003. (Petition for Writ of Administrative Mandate (“Pet.”) ¶ 1.) On December 16, 2020, Respondent filed an accusation against Petitioner alleging negligence and failure to maintain accurate medical records. (Id. ¶ 9.) According to the petition, “this case involved th...

Excerpt: ... notice. REASONING The court may grant leave to amend the pleadings at any stage of the action. (Code Civ. Proc., § 473, subd. (a).) A party may discover the need to amend after all pleadings are completed (the case is “at issue”) and new information requires a change in the nature of the claims or defenses previously pleaded. (See Dye v. Caterpillar, Inc. (2011) 195 Cal.App.4th 1366, 1380.) “The policy favoring amendment is so strong that...

Excerpt: ...e 3, 2019, Defendant filed an answer. On March 21, 2024, Defendant filed a motion for leave to file a cross-complaint. Plaintiff filed an opposition on April 3, and Defendant filed a reply on April 17. Legal Standard The Code of Civil Procedure distinguishes between compulsory and permissive cross - complaints. A compulsory cross -complaint, under Code of Civil Procedure section 426.30, is one that asserts (1) a “related cause of action”; (2)...

Excerpt: ...on/Fraud. The Court GRANTS the motion to strike as to request nos. 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15 and 16. The Court DENIES the motion to strike as to request nos. 1, 2, 3 and 9. Given the number and nature of allegations stricken, the Court orders Plaintiffs to file and serve a Fourth Amended Complaint within 10 days of the Court's order, solely removing all of the allegations stricken in this Motion to strike by Georges and Prager, as wel...

Excerpt: ...ervice set for that day; as such, the court continued the CMC and set an Order to Show Cause Re: Why t he Matter Should Not be Dismissed for Failure to Prosecute for January 31, 2024. On January 31, 2024, the court ordered Plaintiff's complaint dismissed, without prejudice, after Plaintiff's counsel failed to appear at the hearing. Legal Standard “When an application for an order has been made to a judge, or to a court, and refused in whole or ...

Excerpt: ...E 3.3(F) WITHIN TEN (10) DAYS OF THIS ORDER. ANALYSIS: Plaintiffs Eduardo Tiempo, Gary Rand & Suzanne E. Rand -Lewis, Professional Law Corporations (“Plaintiffs”) filed the instant action against Defendants Finchey Corporation of California dba Pacific BMW, David Ho, Arsen Dagbashyan, Sevak Adamyan, and Andy Adamyan (“Defendants”) on December 11, 2022. The action alleges causes of action for (1) breach of express contract; (2) constructiv...

Excerpt: ...h his guardian ad litem Nicholas Vinovich, (“Plaintiff”) filed this action against defendants, Thirty – First District PTSA – Creative Kids (“Creative Kids”), Los Angeles Unified School District (“LAUSD”) and Does 1 to 50 for injuries arising from allegations of negligent supervision. The complaint alleges that Plaintiff was participating in a sponsored school activity at Chatsworth Park when Plaintiff wandered off alone outside t...

Excerpt: ...nto issue the first cause of action (COA) for declaratory relief and the second COA for breach of the covenant of quiet enjoyment. Discussion At the prior demurrer to the original complaint heard on January 10, 2024, the Court sustained the demurrer and required Plaintiff to amend the pleading to add factual allegations regarding an actual controversy under the declaratory relief COA and to add factual allegations regarding the alleged misconduct...

Excerpt: ...nd Amended Complaint on February 23, 2024. The SAC adds Defendant s Carlos Carillo, an individual named Robert, Steve Ballesteros, Stacie Colmon, and John Scanlan. On March 19, 2024, Defendant AUSD filed the instant demurrer and motion to strike. Plaintiff filed his opposition on April 1, 2024. Defendant filed its reply on April 17, 2024. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. ( Hahn v. Mir...

Excerpt: ...loyment dispute with the University of Southern California (“USC”). (Compl. ¶ 1.) Plaintiff alleged she had been wrongfully ter minated and also claimed whistleblower retaliation and discrimination. ( Id.) Plaintiff alleges the following negligent acts by Defendant in connection with its representation of Plaintiff in the underlying employment case: First , Plaintiff claims Defendant, without her consent, filed an arbitration demand in JAMS ...

Excerpt: .... Background Plaintiffs' Complaint was filed on March 18, 2024. Plaintiffs allege the following facts. Plaintiffs obtained a first lien mortgage loan secured by the property located at 44 Buckskin Lane, Rolling Hills Estates, CA 90274, through a Deed of Trust, recorded on May 5, 2016. Plaintiffs suffered from financial hardship. On or around July 12, 2022, Plaintiffs entered into a loan modification agreement with Bank of America. Thereafter, Ban...

Excerpt: ...e “federal cause of action”), as well as a series of common law claims. Plaintiff filed this action on April 17, 2024, and JPMorgan Chase Bank filed a notice of removal on April 18, 2024, based upon the federal question. The notice of removal “shall effect the removal and the State court shall proceed no further unless and until the case is remanded.” (28 U.S.C. § 1446(d).) Plaintiff suggests that he intends to dismiss his federal cause ...

Excerpt: ...Mark Ghaly; California Department of Public Health (CDPH); CDPH Director Dr. Tomá s Aragón; California Department of Health Care Services (DHCS); DHCS Director Michelle Baass; and Attorney General Rob Bonta RESPONDING PARTY(S) : Plaintiffs Mary Matthias, Chris Lugatiman, Toni Johnson, and A Voice for Choice, Inc. REQUESTED RELIEF : Sustain demurrer without leave to amend. TENTATIVE RULING : Demurrer is SUSTAINED, without leave to amend. STATEME...

Excerpt: ...n Defendant argues that Plaintiff's Complaint is invalid because it is not properly verified, and because Plaintiff does not have standing to pursue this action. After review, the Court agrees only in part. As to the first contention, Defendant argues that the Complaint is not properly verified because it is verified by the property manager, and Defendant, as a corporation, must provide verification from an officer. However, CCP section 446 expre...

Excerpt: ...isco Puertas, and Sandy Segovia RESPONDING PARTIES: Plaintiffs Alan M. Bagamaspad, individually and as trustee of the Bagamaspad Revocable Living Trust, and Elenita A. Bagamaspad, individually and as trustee of the Bagamaspad Revocable Living Trust Demurrer to Operative Complaint The court considered the moving, opposition, and reply papers filed in connection with this demurrer. DISCUSSION Plaintiffs Alan M. Bagamaspad, individually and as trust...

Excerpt: ...the face of the pleading or via proper judicial notice. ( Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the ...

Excerpt: ...rd Cause of Action. SUMMARY OF ACTION Plaintiff Carol Harmell (Plaintiff) filed this action on September 11, 2023. In her complaint, Plaintiff alleges that she hired former attorney Larry L. Nash (Defendant) to handle matters related to certain trusts and the loss of Plaintiff's house. Unbekno wnst to Plaintiff, at the conclusion of those matters in 2017, Plaintiff was found to be entitled to $181,295.84 from a partition action. This amount was o...

Excerpt: ...ed Complaint filed. • 02/27/24: Second Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract and conversion. Plaintiffs allege that Defendant failed to adhere to an oral agreement between the parties and misappropriated corporate assets and trade secrets. Defendant demurs to portions of the Second Amended Complaint. TENTATIVE RULING: Defendant's Demurrer to the Complaint is OVERRULED. ...

Excerpt: ...ent under Evidence Code 452(d). The court does admit the document for its truth. Negligence To state a claim for negligence, one must allege (1) duty, (2) breach, and (3) injuries. See, e.g., CACI 400; McIntyre v. Colonies -Pacific, LLC (2014) 228 Cal.App.4th 664, 671. Lyft asserts plaintiff does not sufficiently allege duty because plaintiff was neither a user of the Lyft platform nor a passenger. The complaint alleges Lyft owed a duty to act be...

Excerpt: ...: • 04/03/23: Complaint filed. • 10/17/23: Cross-Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of a rental contract. Plaintiff alleges that Defendants failed to pay rent on a commercial lease agreement. Cross -Defendants Nicole Management, LLC, Masoud Omrany, and Ramin Omrany demur and move to strike the cross- complaint. TENTATIVE RULING: Cross -Defendants' Motion to Strike the Cross -Complaint...

Excerpt: ...n for unlawful retaliation (Lab. Code, § 1102.5) and second cause of action for breach of contract, and sustained without leave to amend as to the third cause of acti on for violation of the Peace Officer's Bill of Rights. Plaintiff is granted 30 days leave to amend. The court sets the OSC RE: Amended Complaint for May 31, 2024, at 8:30 a.m. Defendant County to give notice. BACKGROUND On June 8, 2023, Donald Rubio (“Plaintiff”) filed a Compl...

Excerpt: .... The lawsuit stems from an underlying judgment wherein Vlaze was found liable to AMAG for unpaid loans. Marc Cubas was Vlaze's CEO, and he allegedly made several fraudulent transfers of real and personal property to other Defendants to avoid debt collection. By this action, AMAG seeks to unwind these t ransfers and to apply these assets to the unpaid balance of the money judgment. The operative complaint is the First Amended Complaint (“FAC”...

Excerpt: ...Burbank Senior Villa West ("LBC"), Burbank Senior Villa West, Trion Solutions Inc. Orion"), Kornland Building, and Paul Lawrence Dunbar Haney IV ("Haney") for wrongful death (Labor Code 53601) and premises liability. Plaintiffs, the parents of decedent Moncerrat Vargas ("Decedent'), allege Decedent was an employee of LBC/Trion/ Burbank Senior Villa West. After Haney was terminated from his employment with defendants, Haney stabbed Decedent when D...

Excerpt: ...oldings, LLC Demurrer to Second Amended Complaint The Court considered the moving papers, opposition, and reply. The Demurrer is overruled. Defendants Julio Jones and Sharod “Roddy” White to answer in 20 days. Background Plaintiff SLW Holdings, LLC invested approximately $4,240,000 into two cannabis business ventures based on Defendants Tyrone Freeman, Wolfgang & Associates LLC, Daude Sherrills and Lamarr House fraudulent misrepresentations. ...

Excerpt: ...mount of $703,484.00. Plaintiff alleges that Defendants failed to make payments from November 24, 2021, to June 2, 2022. Plaintiff attached the invoices to its Complaint. Defendants move to strike Plaintiff's complaint and for monetary sanctions of $2,668.91 under Code of Civil Procedure sections 128.5 and 128.7. Legal Standards Sanctions under Code of Civil Procedure section 128.5 A court may order a party to pay the reasonable expenses, includi...

Excerpt: ...ital Stafflink Network RESPONDING PARTY: Unopposed Motion for Leave to File Second Amended Complaint The court considered the moving papers filed in connection with this motion. No opposition papers were filed. DISCUSSION Plaintiff US Hospital Personnel, Inc., d/b/a Hospital Stafflink Network (“Plaintiff”) moves the court for an order granting it leave to file a Second Amended Complaint (1) to add a claim for breach of contract based on a thi...

Excerpt: .... Jose Santoyo Arenas was killed in the explosion. Pedro Chavarin was seriously injured. Plaintiffs allege Arenas's death was the result of multiple factors, including products liability and negligent training. On May 11, 2021, Plaintiffs filed a complaint against Defendants Taylor Machine Works, Inc., Titan International Inc., OTR Wheel Engineering, Inc., Bridgestone America, Inc., Pacific Maritime Association, CMA/CGM, EQT Infrastructure III, P...

Excerpt: ...Plaintiff took time off to care for her husband after he suffered a heart attack, and, after Plaintiff was injured by falling in the workplace. Plaintiff brings causes of action against Defendant for (1) Disability Discrimination, (2) Associational Disability Discrimination, (3) Failure to Provide Reasonable Accommodations, (4) Failure to Engage in Good Faith Interactive Process, (5) Retaliation, and (6) Wrongful Termination. On January 23, 2024,...

Excerpt: ...T OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination action. Plaintiff alleges that his employer discriminated against him based on his religion and retaliated against him for complaining about being assaulted by a co-worker. Plaintiff moves to rescind a settlement agreement purportedly reached by the parties. TENTATIVE RULING: Plaintiff's Motion to Rescind Settlement Agreement is GRANTED. DISCUSSION: Plaintiff moves to re...

Excerpt: ...nd default was entered on March 25, 2022. On May 11, 2022, Plaintiff filed the operative First Amended Complaint, asserting (1) legal malpractice, (2) breach of fiduciary duty, and (3) fraud. Defendants once again failed to respond to the complaint, and default was entered on August 4, 2022, and judgment was granted against Defendants on February 1, 2023. On February 6, 2023, Defendants jointly filed a motion to set aside the default and judgment...

Excerpt: ...s may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him through his or her mistake, inadvertence, surprise, or excusable neglect.” CCP §473(b). Where such an application for discretionary relief is made, the motion shall be accompanied by a copy of the answer or pleading proposed to be filed, or the application will not be granted. (Id.) The court must grant rel...

Excerpt: ...Jesus Blanco and Fernanda Rivera. On July 3, 2023, the case was dismissed after the parties stipulated for dismissal due to settlement. The Court retained jurisdiction pursuant to CCP section 664.6. On February 7, 2024, State Farm filed a motion to set aside dismissal and for entry of judgment. No opposition has been filed. Legal Standard CCP section 664.6 provides that “[i]f parties to pending litigation stipulate, in a writing signed by the p...

Excerpt: ...� or “Nazari”) RESPONDING PARTY: Defendant Kevin Christopher McCalla (“Defendant”) NOTICE: OK RELIEF REQUESTED: An order from this Court to set aside the Court's Minute Order dated February 8, 2024, Deeming Defendant's Request for Admission, Set One, as admitted, and to vacate the monetary sanction against Plaintiff. TENTATIVE RULING: The Motion to Set Aside the Order deeming the requests for admissions as admitted is GRANTED. The Request...

Excerpt: ... Plaintiffs assert claims stemming from harassment, discrimination and retaliation, wrongful termination, and wage violations. Plaintiffs allege that they experienced and spoke out against sexual harassment and discrimination, and reported illegal or unsafe working conditions, only to suffer retaliation for doing so. On March 11, 2024, the Court denied the motion to compel arbitration filed by Defendants Touchstone Golf, LLC and City of Burbank. ...

Excerpt: ... This is a premises liability action. Before the court is a motion for trial preference under Code of Civil Procedure section 36. Plaintiff Haykgohi Zargarian moves for an order granting a trial preference and setting the case for trial within 120 days of the hearing. Plaintiff argues that she is entitled to a trial preference under Code of Civil Procedure section 36, subdivision (a), because (1) she is over the age of 70; (2) she has a substanti...

Excerpt: ...s will be granted once Defendants pay the outstanding four filing fees. The additional filing fees must be paid prior to the hearing. Moving party to provide notice. FACTUAL BACKGROUND This is an action for violations of the FEHA, violations of the labor code, wrongful termination, and failure to reimburse business expenses. Plaintiff Terric Townsend alleges that during his employment as a recruiter with Defendants, Defendants denied his request ...

Excerpt: ...ogatories, and request for production of documents, set one, on plaintiffs Monica Garcia and Genaro Santillian (collectively, "Plaintiffs") on November 21, 2023. The responses were due on December 26, 2023. However, as of the motion filing date, Plaintiffs have not served responses. Defendant therefore seeks an order compelling Plaintiffs to respond, without objections, to the outstandmg discovery and to pay sanctions. In opposition, Plaintiffs c...

Excerpt: ...Defendants”) RESPONDING PARTY: Plaintiff David Seyde (“Seyde”) The Court has considered the moving, opposition and reply papers. THE MOTION On March 7, 2024, Moving Defendants filed the instant motion (the “Motion”) to disqualify the law firm of Miller Barondess LLP (“Miller”) from any further representation of Plaintiff and Cross -Defendant Seyde and Cross -Defendant Porter 24, LLC (“Porter”). On April 4, 2024, Plaintiff Seyde ...

Excerpt: ...ined of, either for a limited period or perpetually. 2) When it appears by the complaint or affidavits that the commission or continuance of some act during the litigation would produce waste, or great or irreparable injury, to a party to the action. 3) When it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the rights of anothe...

Excerpt: ...r's driving privilege for one year. Petitioner argues that the DMV did not afford him due process, as required by California DUI Lawyers Association v. California Department of Motor Vehicles (2022) 77 Cal.App.5th 517. The DMV did not comply with the clear holding of this case, so the court grants this petition and remands this matter for a new hearing before the DMV. FACTUAL BACKGROUND On July 12, 2022, at approximately 11:55 p.m., Officer J. Di...

Excerpt: ...CKEN from the Complaint. Defendant Kim Sill may move for attorney's fees and costs. The Motion for Undertaking is DENIED. The Demurrer and the Motion to Strike are TAKEN OFF CALENDAR. BACKGROUND: On January 22, 2024, Plaintiffs Melissa Bacelar, Wagmor Pets, and Wylder's Holistic Pet Center, Inc. filed their Verified Complaint against Defendants Kim Sill, Shelter Hope Pet Shop, Inc., Matt Friedman, and Faith Ballin on a single cause of action for ...

Excerpt: ... TRANSRINA KEBE'S SPECIAL MOTION TO STRIKE PLAINTIFFS' FIRST AMENDED COMPLAINT Date: April 24, 2024 Time: 8:30 a.m. Dept: 56 Judge: Holly J. Fuji e Trial: None Set Moving Parties: Defendants Yelen Entertainment LLC (“Yelen”) and Latasha ` Transrina Kebe (“Kebe”) Responding Parties: Plaintiffs Kevin Hart (“Hart”) and K.Hart Enterprises (“KHE” ) The Pleading s On January 2, 2024, plaintiffs Hart and KHE (collectively, “Plaintiffs�...

Excerpt: ...ntly operated her vehicle, causing an auto accident between Plaintiff and Defendant. The accident occurred on September 10, 2021. On October 14, 2022, Plaint iff filed a complaint against Defendant asserting causes of action for negligence. TENTATIVE RULING: Plaintiff's Motion to Quash Defendant's Subpoenas for Plaintiff's Private Academic Records is MOOT. DISCUSSION Plaintiff Shahin Chermahini moves this court for an order quashing D...

Excerpt: ...was the direct cause of the negligence. However, if this case is solely based on notice, then the information is relevant. 3. Grant. The court will not allow evidence of insurance, Medicare, or Medi- cal reimbursement rates as evidence of the reasonable costs of medical services. Defendant's Motions in Limine 1. Grant. If there is no claim for loss of wages, then the issue of loss of wages should not be brought up by anyone. 2. Grant. There shall...

Excerpt: ...llows. Plaintiff 608 Mateo, LLC (Mateo), as lessor, and Defendants Arts District Patient Collective, Inc. (ADPC) and James Shaw (Shaw), as lessees, entered into a lease on April 4, 2018, for the Subject Premises. (Compl. ¶ 11.) On June 14, 2018, the lease was amended pursuant to a second Amendment to Lease. (Compl. ¶ 12.) Plaintiff performed its obligations under the lease, but Defendants breached the lease and have failed to pay various amount...

Excerpt: ...efendants") for damages arising from an automobile accident Defendants now move to compel non-party SoCal Imaging to produce its custodian of records for deposition, and to produce documents pursuant to a deposition subpoena served. Defendants further request monetary sanctions against SoCal Imaging. Any opposition was due on or before April 11, 2024; the motion is unopposed. 11. MOTION TO COMPEL DEPOSITION (NON-PARTY) 1. Procedural Per CRC 3.134...

Excerpt: ...e Farm Mutual Automobile Insurance Company, filed a Complaint against Defendants, Ahmad Martin (“Martin”) and John Ruffin (“Ruffin”) for subrogation recovery in the sum of $26,155.80. On April 5, 2021, Ruffin was dismissed from this action. On June 14, 2023, Plaintiff filed the parties' Stipulation for Settlement and Entry of Judgment (“Stipulation”). On the same day, the court dismissed the case without prejudice and retained jurisdi...

Excerpt: ...s in these related cases filed a joint motion to augment the Phase 1 record with extra -record evidence to support their preemption challenges to the County's Oil Well Ordinance.1 They argue that these claims present Constitutional challenges that are not confined to the legislative record, citing Western States Petroleum Ass'n. v. Superior Court (1995) 9 Cal.4th 559.2 As contrasted to a CEQA claim (Phase 2 of these cases), where there is deferen...

Excerpt: ...by notice of intent to appear is requested. Unless the Court directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no argument is rec eived. Notice may be given either by email at [email protected] or b...

Excerpt: ... information in discovery that is later subject to a claim of privilege or of protection as attorney work product “may seek a determi nation of the claim from the court by making a motion within 30 days of receiving the claim and presenting the information to the court conditionally under seal.” Defendant/Cross-Complainant Said Hakim (“Said”) moves the Court for an order determining that a 2016 email exchange between Cross-Defendant Micha...

Excerpt: ...urt sets a status conference regarding commencement of arbitration for October 24, 2024 at 8:30 a.m. Motion To Compel Arbitration Plaintiff 's Evidentiary Objections Declaration of Amy Benbarka No. 1: OVERRULED. Suf�icient foundation; not hearsay; goes to weight . No. 2: OVERRULED. Suf�icient foundation; not hearsay; goes to weight . No. 3: OVERRULED. Suf�icient foundation/authentication.; not hearsay —business records exception. (Evid. C...

Excerpt: ...ant Hollywood Production Center Responding Party: Plaintiff Marciano Rafael Valdez Motion to Compel Arbitration and Request for Stay of the Action. The Court considered the moving papers, opposition, and reply. The motion is GRANTED. The matter is STAYED pending a final resolution of Plaintiff's claims in the arbitration proceedings as provided by the parties' agreement. Moving party is ordered to give notice. Background On November 27, 2023, Pla...

Excerpt: ...November 9, 2023, Plaintiff Anibal Eleno Ramirez Estrada (Plaintiff) filed a complaint against his former employer, Defendant T&R Painting and Drywall (Defendant). The Complaint seeks relief on fifteen causes of action including discrimination, retaliation and wrongful termination. On March 5, 2023, Defendant filed a motion to compel arbitration pursuant to the parties' arbitration agreement. In opposition, Plaintiff argues Defendant failed to ca...

Excerpt: ...er for airport employees. During the course of employment, Plaintiff alleges defendant Timothy Boykin began a course of sexually inappropriate comments and touching. On June 5, 2021, Boykin visited her home, where he non- consensually engaged in sexual intercourse with Plaintiff while Plaintiff was intoxicated and incapacitated in her home after normal work hours. Plaintiff complained about the conduct of Boykin, which led, at least in part to hi...

Excerpt: ...RTHER RESPONSES TO DISCOVERY IS GRANTED. PLAINTIFF TO SERVE FURTHER RESPONSES TO THE SUBJECT DISCOVERY, WITHOUT OBJECTION, WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANTS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self -represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers and opposition. On receipt o...

Excerpt: ...e is DENIED as to Requests For Production Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 20, 22, 24, 25, 26, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 52, 53, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 102, 104, 105, 106, 107, 108, 109 and GRANTED as to Requests For Production Nos. 18, 21, 27, 28, 29, 30, 31, 32, 47, 48, 49, 50, 51, 55, 57, 58, 59, 60, 61, 99, 100, 101. Where ordered, ...

Excerpt: ...ts and has not been repaired after a reasonable number of attempts. On September 14, 2023, Plaintiffs filed a complaint, asserting causes of action against American Honda Motor Co., Inc. (“AHM”), Turn 2 AG LLC dba Honda World Downey and Does 1 -10 for: 1. Violation of Song -Beverly Act —Breach of Express Warranty 2. Violation of Song-Beverly Act —Breach of Implied Warranty 3. Violation of the Song-Beverly Act Section 1793.2 4. Negligent R...

Excerpt: ... opposition, and reply papers. RULING The motion to compel further responses to plaintiff's Request for Production of Documents, Nos. 1, 3, 7, 11, 18, 19, 21, and 31 is DENIED as to compelling further responses or production of documents as defendant's responses were code- compliant and defendant responded that it was unaware of documents in its possession, custody, or control after a diligent inquiry or produced responsive documents “to which ...

Excerpt: ...erved Plaintiff with form interrogatories (employment). After multiple extensions, Plaintiff's counsel failed to provide timely responses. On March 15, 2024, Defendant filed this motion to compel Plaintiff's responses to the form interrogatories and request for sanctions. LEGAL STANDARD ¿¿ If a party to whom interrogatories or an inspection demand were directed fails to serve a timely response, the propounding party may move for an order compel...

Excerpt: ...on, Inc. Motion to Compel Further Responses to Requests for Production of Documents The court considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court grants defendant AVX Design & Integration, Inc.'s request for judicial notice as to exhibit 1. (Evid. Code, § 452, subd. (c).) The court denies defendant AVX Design & Integration, Inc.'s request for judicial notice as to exhibi...

Excerpt: ...plaintiffs, though not all plaintiffs, in this coordinated proceeding have been resolved. Walsh Decl. Ex. 2. That agreement, while prolix, constituted a w ritten settlement agreement of a plaintiff's claims subject to various valuation processes to determine the amount of such claim. Walsh Decl. Ex. 1. It specifically provided on the final page, directly above Edison's signature, as follows: N. Enforceability And Disputes Over Interpretation of t...

Excerpt: ...iled on August 22, 2023. Plaintiff alleges that Defendant's principal misappropriated confidential and sensitive personal information belonging to Plaintiff's claimants. Plaintiff moves to file an exhibit accompanying a declaration in support of Plaintiff's pending Motion for Default Judgment and Permanent Injunction under seal. TENTATIVE RULING: Plaintiff moves to file Exhibit B of the Declaration of Michael Kunkel in Support of Plaintiff's pend...

Excerpt: ...ete Responding Party: Defendant/Cross -Complainant Derek Keane Motion to Set Aside Order Dated October 3, 2023 The court has considered the moving papers and opposition. No reply was received. The court on its own motion reconsiders its October 3, 2023 order. Consequently, the October 3, 2023 order is VACATED , and Keane's motion to compel filed on May 15, 2023 is DENIED as moot. Background Plaintiff Lafayette Apt. Associates, L.P. (hereinafter �...

Excerpt: ...rocess filed by Plaintiff on November 02, 2020 is – GRANTED as it is a document of the court covered under Evidence Code 452(d). A court may set aside a default or default judgment when service of summons has not provided a party with actual notice. Code of Civil Procedure § 473.5 states: “(a) When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered...

Excerpt: ... the moving, opposition, and reply papers. BACKGROUND This action arises out of an employment relationship between Plaintiff and Defendants. Plaintiff's Complaint alleges: (1) sexual harassment; (2) failure to prevent harassment; (3) retaliation; (4) wrongful constructive termination; (5) intentional infliction of emotional distress; and (6) representative action for civil penalties pursuant to the Private Attorney General Act (“PAGA”). With ...

Excerpt: ...ng the time and scope of the subpoenas TENTATIVE RULING: Defendant Eric Weinberg and Guitar and Pen Productions, Inc.'s motion to quash subpoenas on Blue Tiger Recovery; Omar Minwalla, Ph.D at the Institute for Sexual Health; Marilyn Ruman, Ph.D.; and Sharon O'Hara, MFT is GRANTED . STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On September 12, 2023, Plaintiff S.T. (“Plaintiff”) filed a complaint against Defendants Eric Weinberg (“Wei...

Excerpt: ...ty”) RESPONDING PARTY: Plaintiffs Leobardo Segura -Meza and Mirian Sanchez (“Plaintiffs”) The Court has considered the moving, opposition, and reply papers. BACKGROUND On November 21, 2023, Plaintiffs filed the operative Second Amended Complaint (“SAC”) against Defendants Agoura Hills Marble and Granite, Inc., et al. (“Defendants”), including Moving Party for: (1) Negligence; (2) Strict Liability – Warning Defect; (3) St rict Liab...

Excerpt: ...Complaint alleging three causes of action against George Cashman Jr. (Cashman/Defendant), Cynthia C. Makin, and the GFC Administrative Trust. The Compl aint stemmed from an alleged breach of the “Declaration No. 150 of Establishment of Basic Protective Restrictions, Conditions, Covenants, Reservations, Liens, Charges and Certain Local Restrictions” (CCRs), when Plaintiff discovered that a fence extends beyond Plaintiff's permitted easement in...

Excerpt: ...vil Procedure §425.16 is DENIED. BACKGROUND Plaintiff Christine McCaslin is a hair stylist who owns a business in Los Angeles County known as Salon Touché. Plaintiff alleges Defendant Philip Godlewski posted her contact information and her business information to his over 300,000 Telegram social media followers and encouraged them to leave negative reviews about Salon Touché and harass Plaintiff personally. As a result of Defendant Godlewski's...

Excerpt: ...) filed the instant action against Defendant TPG Pressure, Inc. (“TPG”) for breach of contract and common count – goods and services rendered. On June 14, 2023, Defendant TPG filed a Cross -Complaint against Epic and Omni (“Omni”) Logistics, LLC. This case arises from TPG retaining Epic to provide carriage of products from ports outside the United States to destinations within the United States by ocean carriage. On August 23, 2023, Def...

Excerpt: ...MMARY OF ACTION AND ANALYSIS It is unclear if Plaintiff Christopher Mack (Mack), trustee for the Lamb Mooie Trust, or Wayne R. Tanaka (Tanaka), also listed as trustee and the one who signed the affidavits, filed the motion. Whatever the case, the moving party, in pro per, has requested that the Court issue an order to show cause re: contempt against Defendant Julio Torres (Torres). It appears that the moving party has moved for this order pursuan...

Excerpt: ...assan Mirza Mousa Al -Sulaimi's Motion to Strike Complaint and for Monetary Sanctions Against City of Knowledge and their Counsel is DENIED. Defendant Estate of Mirza Hassan Mirza Mousa Al -Sulaimi's Motion to Expunge Lis Pendens is GRANTED. Furthermore, Defendant Estate of Mirza Hassan Mirza Mousa Al -Sulaimi's Request for Statutory Attorney Fees and Costs Against Plaintiff is GRANTED in the red uced amount of $1,252.50, payable in thirty (30) d...

Excerpt: ...on against defendant Manfield and Associates ("Defendant') for injuries arising from a slip and fall on allegedly defective stairs covered in foreign debris and dust Plaintiff now seeks to strike Defendants orthopedic experts on the grounds that it is cumulative. Defendant opposes the motion, and Plaintiff filed a reply. Defendant also filed a motion for leave to amend/augment its expert witness designation. The Court had advanced the hearing to ...

Excerpt: ... moves to strike, or in the alternative, tax costs claimed by Plaintiffs Luis Sanchez (“Luis”) and Lauren Sanchez (“Lauren”) (collectively, “Plaintiffs”) on the ground that many of the costs Plaintiffs claim are not recoverable or are otherwise unreasonable. (Notice Motion, pgs. 1 -2; C.C.P. §§1032, 1033, 1033.5 et seq.) Background This is a lemon law action brought under the Song -Beverly Consumer Warranty Act (“Song - Beverly Ac...

Excerpt: ..., “Defendants”): On March 23, 2021, Plaintiff received a final judgment in case no. 19PSCV01164 entitled OR CONSTRUCTION, INC. vs EMAN TANAGHO . [1] However, to prevent Plaintiff's from collecting their claim, Eman transferred certain real property to her children, Jamil and Michael. [2] On February 9, 2023, Plaintiff filed suit asserting the following causes of action (COAs): 1. Set Aside Fraudulent Transfer 2. Conspiracy On October 19, 2023...

Excerpt: ...a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for¿inspection any document . . . described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document . . . described in the deposition notice.” (Code Civ. Proc., ...

Excerpt: ...roduction of documents on plaintiff Dwayne Flowers (“Plaintiff”) on May 2, 2023 1. To date, Plaintiff has not served responses. Defendant therefore seeks an order compelling defendant Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. In opposition, Plaintiff's counsel submits a request for a continuance on the motions to compel on the grounds that Plaintiff's counsel is unable to ascertain the status...

Excerpt: ...Defendants”) RESPONDING PARTY: Plaintiff David Seyde (“Seyde”) The Court has considered the moving, opposition and reply papers. THE MOTION On March 7, 2024, Moving Defendants filed the instant motion (the “Motion”) to disqualify the law firm of Miller Barondess LLP (“Miller”) from any further representation of Plaintiff and Cross -Defendant Seyde and Cross -Defendant Porter 24, LLC (“Porter”). On April 4, 2024, Plaintiff Seyde ...

Excerpt: ...o, Erick Carrasco, and others. Saroyan dismissed the Carrascos on December 19, 2023. On December 26, 2023, the Carrascos each filed a memorandum of costs, each requesting $2,051.64 in costs. On January 12, 2024, Saroyan filed motions to tax costs. “A ‘verified memorandum of costs is prima facie evidence of the propriety' of the items listed on it, and the burden is on the party challenging these costs to demonstrate that they were not reasona...

Excerpt: ...une 24, 2021, the court denied the petition without prejudice. On October 20, 2021, the court denied the amended petition without prejudice. On August 31, 2021, Petitioner filed the instant third petition to confirm the arbitration award. On October 31, 2023, Pratella filed a Response to the third petition. On May 3, 2023, the court issued the followed minute regarding the status conference: “Supplemental briefs are allowed but not required. Br...

Excerpt: ...LAPP) is GRANTED. All causes of action within Plaintiff Adam J. Tenser's First Amended Complaint are stricken as to Defendant Jay Levine. Defendant Jay Levine meets his burden to prove the Plaintiff Adam J. Tensor's claims arises from constitutionally protected speech. Plaintiff Adam J. Tensor does not meet his burden of proving the probability of prevailing on all claims in the FAC as to Defendant Jay Levine. Defendants RJN are GRANTED as to the...

Excerpt: ...gainst Defendants Ron Reitshtein and Youngman Reitshtein, PLC (jointly, “Defendants”) On March 28, 2023, Plaintiff filed the operative First Amended Complaint (“FAC”). The FAC alleges causes of action for (1) professional negligence, (2) breach of fiduciary duty, (3) intentional misrepresentation, and (4) negligent misrepresentation. In the FAC, Plaintiff alleges, inter alia , that “Plaintiff was the Petitioner in a divorce action occur...