Excerpt: ... Inc. (“Consolidated”) (collectively, “Moving D efendants”) move for an order compelling Plaintiff Blue Fire LLC (“Plaintiff”) to arbitrate its claims against Defendants and staying this action pending arbitration. The Court DENIES the motion as to Plaintiff's third, fourth, and fifth causes of action. The Court DELAYS its ruling on the motion as to Plaintiff's remaining claims against the Moving Defendants pending the resolution of P...

Excerpt: ...etainer action. On August 1, 2023, Plaintiff Scarlet Martha Morales (“Plaintiff”) filed this action against Defendant Armida Cardenas (“Defendant”) seeking six months of unpaid rent from February 1, 2023 to August 1, 2023, totaling $15,000, in addition to holdover damages of $83.33 per day starting July 31, 2023. Plaintiff is Defendant's former mother- in-law. Legal Standard The purpose of a motion for summary judgment “is to provide co...

Excerpt: ...efendants” or “Condons”) RESPONDING PARTY: Defendants/Cross -Complainants Ryan Culver Ealing and Adriana Velasquesz Vacca (“Defendants/Cross -Complainants” or “Ealing/Vacca”) NOTICE: OK RELIEF REQUESTED: An order granting Plaintiffs/Cross -Defendants leave to file their Third Amended Complaint. TENTATIVE RULING: The motion is DENIED. BACKGROUND This action arises out of a dispute between neighboring landowners regarding the existenc...

Excerpt: ...mation/evidence that proves or disproves the elements of the causes of action pled in Plain tiff's Complaint, pursuant to CCP 2017.020; and/or (2) limiting or restricting the frequency/extent/number of interrogatories Plaintiff may utilize, pursuant to CCP 2030.090(a) and 2019.030; and (3) by this motion, Defendant Alpha Beta Company dba Food 4 Less (Food 4 Less) challenges Plaintiff's declaration of necessity used to justify more than 35 interro...

Excerpt: ...er as to Category Numbers 2, 6, and 7. The Court DENIES Plaintiff's request for monetary sanctions. The deposition of the person most qualified for Polaris Industries, Inc. shall occur within 30 days of the Court's order. Polaris Industries, Inc. is ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND This is a products liability action. On November 15, 2022, plaintiff Sophia Soli (Plaintiff) filed this...

Excerpt: ...for injuries arising from a motor vehicle v. bicycle incident. On March 19, 2024, the Court granted Defendant's motion compelling Plaintiff to appear for a mental examination with neuropsychologist John T. Dunn, Ph.D., and ordered the parties to draft a stipulated protective order regarding disclosure and use of the r aw test data. (Min. Order, March 19, 2024.) On April 8, 2024, Plaintiff filed the instant motion for reconsideration of the Court'...

Excerpt: ...fendant's Demurrer. RULING: Motion for reconsideration is denied. SUMMARY OF ACTION Cross -Complainants Maurice Starrantino and Karen G. Starrantino (the Starrantinos or Cross - Complainants) are alleging that Cross-Defendant Triscenic Production Services, Inc. (Triscenic or Cross -Defendant) breached its lease agreement with Cross -Complainants. Cross - Complainants alleged that Triscenic breached the lease agreement by sub -letting property bel...

Excerpt: ...siness relationship gone awry. On December 14, 2023, the First Amended Complaint (FAC) was filed, which omitted Leo Gonzalez as a plaintiff and added a cause of action. On December 21, 2023, Plaintiff Vrezh Hovhanissyan (“Plaintiff”) filed Notice of Errata Re First Amended Complaint. On March 27, 2024, by request of Plaintiff, the Clerk's Office entered default on Defendant Faro Management, LLC. On April 11, 2024, the Court denied the anti -S...

Excerpt: ...nt dispute with the University of Southern California (“USC”). (Compl. ¶ 1.) Plaintiff alleged she had been wrongfully terminated and also claimed whistleblower retaliation and discrimination. ( Id.) Plaintiff alleges the Defendant was negligent in its representation of her in the underlying employment case by acquiescing to arbitration when the arbitration agreement was not enforceable and was repudiated by USC; failing to properly investig...

Excerpt: ...iff was unconscious. When Plaintiff woke up the next day, April 24, 2020, he was disoriented and repeatedly asked two orderlies where he was. Plaintiff alleges the two orderlies shoved Plaintiff, and repeatedly punched Plaintiff's face and body. Plaintiff has a history of manic depression. (Compl. ¶¶ 12- 13.) Plaintif f alleges significant mental suffering and emotional distress because of the abuse. (Compl. ¶ 26.) Plaintiff brings causes of a...

Excerpt: ... of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” “The court must ‘grant[ ]' the ‘motion' ‘if all the papers submitted show' that ‘there is no triable issue as to any material fact' [citation]—that is, there is no issue requiring a trial as to any fact that is necessary under the pleadings and, ultimately , the law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Issue 1: Pl...

Excerpt: ...�Plaintiff”) filed this action against Defendants FI Automotive Group, Inc. (“FI Automotive Group”), Arthur Bakharyan, aka Artur Bakharyan, and George Bakharyan, aka Gevork Bakharyan, aka G. Bakharyan . On September 26, 2022, Plaintiff filed an amendment to the Complaint naming Formula Automotive Group, Inc. (“Formula Automotive Group”) in place of “Doe 1.” On April 13, 2023, Plaintiff filed the operative Second Amended Complaint (�...

Excerpt: ...onal injury action. Plaintiff later identified Defendant Doe 1 as Jamison Services Inc. (“Jamison Services”), Doe 2 as Central Plaza LLC (“Central Plaza”), and Doe 3 as Jamison Realty Advisors LLC (“JRA”). On July 24, 2023, JRA filed a motion for summary judgment, or in the alternative, summary adjudication. On November 30, 2023, Jamison Services and Central Plaza filed a motion for summary judgment, or in the alternative, summary adj...

Excerpt: ...air. Def endant allegedly failed to comply with its obligations under the Song-Beverly Consumer Warranty Act (“the Act”). II. ARGUMENTS Hyundai requests an order compelling this matter to binding arbitration pursuant to the Federal Arbitration Act (“FAA”) as required by the Retail Installment Sales Contract (“Sales Contract”) that required arbitration to solve disputes concerning the purchase or c ondition of the vehicle. Defendant ca...

Excerpt: ...�¿ ¿ On November 17, 2020, Plaintiff DRAKK Holdings, LLC (“DRAKK”) filed this action against Defendant, PSIP SN Vermont, LLC (“PSIP”). On September 29, 2021, Plaintiff filed a Second Amended Complaint. On November 30, 2022, Plaintiff filed a Third Amended Complaint (“TAC”)alleging cases of action for: (1) Specific Performance/Express Written Contract; (2) Specific Performance/Promissory Estoppel; (3) Specific Performance/Breach of I...

Excerpt: ...Roes 1 -25 for declaratory relief, implied indemnity and equitable apportionment. On December 22, 2022, Plaintiff amended the complaint to include Defendant Emotional Health Association (“EHA”) as Doe 1. (EHA later clarified that its correct name was Emotional Health Association Corporation dba Share!) On June 8, 2023, Plaintiff filed a first amended complaint. On July 12, 2023, Jenkins filed an answer. On September 7, 2023, the Court sustain...

Excerpt: ...ment for the property at 4930 Coldwater Canyon Ave, Sherman Oaks, CA 91423, with Plaintiff as purchaser and Defendant as seller. Plaintiff alleges it was ready to perform but that Defendant cancelled escrow and the contract. Plaintiff brings causes of action for (1) breach of written contract and (2) breach of the implied covenant of good faith a nd fair dealing. Defendant 4930 Coldwater filed a Cross- Complaint against Plaintiff for (1) breach o...

Excerpt: ...lly and dba Quality Stamp Show and Orcoexpo, Briana Pattillo's, and Eric Pattillo's motion in the alternative for summary adjudication of pro per Plaintiff Wesley Robbins' second amended complaint is denied as to the 1st, 7th, and 15th causes of action and granted as to the 6th cause of action. Defendants Stephen Pattillo, individually and dba Quality Stamp Show and Orcoexpo (“Stephen”), Briana Pattillo (“Briana”), and Eric Pattillo (“E...

Excerpt: ...court considered the moving papers filed in connection with this motion. No opposition papers were filed. DISCUSSION Plaintiff Juan Cruz Rodriguez (“Plaintiff”) moves the court or an order (1) imposing terminating, issue, or evidence sanctions against defendant John Stich (“Defendant”), (2) awarding monetary sanctions in the amount of $1,500, payable by Defendant to the court, and (3) awarding monetary sanctions in favor of Plaintiff and ...

Excerpt: ...ders. No opposition has been filed. LEGAL STANDARD “To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose…sanctions against any one engaging in conduct that is a misuse of the discovery process.” (Code Civ. Proc. section 2023.030.) The court may impose a terminati...

Excerpt: ...”) for injuries Plaintiff sustained when she slipped on a pool of liquid in Defendant's store and fell. On April 17, 2024, Plaintiff filed the instant motion for terminating sanctions to strike Defendant's Answer and enter judgment in the amount of $2 million dollars on the grounds that Defendant failed to comply with the Court's December 22, 2023 Order. Def endant opposes the motion, and Plaintiff filed a reply. 1. Moving Argument Plaintiff ar...

Excerpt: ...aintiffs McKinley Home Foundation (MHF) and McKinley Children's Center, Inc. (MCC, collectively McKinley) entered into an agreement with Defendant West Hills Construction, Inc. (West Hills) in which West Hills agreed to install a solar power system manufactured and supplied by Green Volts, Inc. (Green Volts) in exchange for payment of $2,481,088.21. West Hills installed the system in May 2012 and in April 2015, a large number of components fa ile...

Excerpt: ...stence of a valid arbitration agreement including a valid delegation clause. Plaintiff Shaun Huttar did not meet his burden to prove a defense to enforcement of the delegation clause. The action is stayed pending resolution of arbitration pursuant to CCP §1281.4. Defendant Uber Technologies, Inc.'s RJN is GRANTED. REASONING Under both the Title 9 section 2 of the United States Code (known as the Federal Arbitration Act, hereinafter “FAA”) an...

Excerpt: ...unds that Plaintiff executed a valid agreement to submit all employment-related disputes to arbitration. Plaintiff opposes the motion, arguing that: 1) Defendant failed to establish a valid, enforceable arbitration agreement because Defendant has not authenticated her signature; and 2) the agreement is otherwise unenforceable because it is unconscionable. LEGAL STANDARD A party seeking arbitration has the burden of proving by a preponderance of e...

Excerpt: ...t on the 405 Freeway. The complaint states that the accident occurred on October 3, 2020, but that must be a typographical error, as the complaint was filed in September 2020. On April 15, 2022, Richard Marc Zuker (“Zucker”) and Shaw Industries Group, Inc. (erroneously sued as Shaw Industries, Inc. (“Shaw”) filed an answer. Shaw demanded a medical examination of Plaintiff by an orthopedic specialist regarding injuries to her back. This ex...