Excerpt: ...tiff on February 15, 2019. On February 21, 2023, Plaintiff's counsel Downtown L.A. Law Group was disqualified from representing Plaintiff in this matter. Joseph Farzam Law Firm was substituted in as attorney on December 6, 2023. On March 8, 2024, the Court ordered Plaintiff to appear for deposition within 30 days of notice and to pay monetary sanctions in the amount of $615. Defendant gave notice of this ruling by email on March 12, 2024. On Marc...

Excerpt: ... settled this Song- Beverly matter and have agreed that Plaintiff Jorge Gonzalez Luna is the prevailing party entitled to fees and costs under Civil Code section 1794, subdivision (d). Plaintiff moves for an order awarding attorneys' fees under the lodestar method in the amount of $24,204.50. Plaintiff also requests $2,886.55 in costs. The total requested is $27,091.05. Plaintiff leased a new 2020 Ford Explorer Sport from Bob Wondries Ford (deale...

Excerpt: ...t.¿ Plaintiffs now move for terminating sanctions against Defendant Ernesto Ramos Esparza (“Defendant”) for failure to obey multiple discovery orders. They ask the Court to strike his answer and enter default. Defendant opposes and Plaintiffs reply. 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...

Excerpt: ... the Implied Warranty of Merchantability, (5) F raudulent Inducement -Concealment, and (6) Negligent Repair. The first five causes of action are pled against Defendant Ford Motor Company. Ford filed the instant demurrer on November 17, 2023. Plaintiff filed an opposition on April 23, 2024. Ford filed a reply on April 29, 2024. Before the Court are Ford's challenges to the 2nd, 4 th and 5 th causes of action in the First Amended Complaint. II. DEM...

Excerpt: ... agreement and accepted a different offer. Plaintiff asserts causes of action for (1) breach of written contract and (2) declaratory relief. Defendant Jeffrey Riddell, Trustee of the Jeffrey & Katrina Riddell Living Trust, demurred to the Complaint. On April 19, 2024, Plaintiff filed a First Amended Complaint. TENTATIVE RULING: Defendant's Demurrer to the Complaint is MOOT by the filing of a First Amended Complaint. Plaintiff to give notice, unle...

Excerpt: ... transmission system which is alleged to have a series of known defects causing hesitation, shuddering, and shifting issues. Defendant Ford Motor Company demurs to the third cause of action for violation of Civil Code section 1793.2(a)(3) and the fifth cause of action for fraudulent concealment. TENTATIVE RULING: Defendant's Demurrer to the Complaint is OVERRULED. DISCUSSION: Defendant Ford Motor Company demurs to the third cause of action for vi...

Excerpt: ... Cassandra Catapia and Sergio Velasquez T/R: DEFENDANTS' DEMURRER IS OVERRULED. THE MOTION TO STRIKE IS DENIED. DEFENDANTS TO FILE AND SERVE ANSWERS TO THE FIRST AMENDED COMPLAINT 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 ...

Excerpt: ... The court exercises its discretion not to consider the untimely oppositions by cross - complainants. (Cal. Rules of Court, rule 3.1300(d).) Cross-complainants are admonished that they must file their papers in a timely way in the future. 1. Fraud The FACC does not allege sufficient facts to constitute fraud. Fraud requires “(a) misrepresentation; (b) defendant's knowledge of the statement's falsity; (c) intent to defraud (i.e., to induce actio...

Excerpt: ... e 4. Intentional Infliction of Emotional Distres s 5. Private Nuisance 6. Violation of Business & Professions Code 17200, et seq . RELIEF REQUESTED IN MOTION TO STRIKE: An order striking the 4 th cause of action (¶¶49 -53), the 6th cause of action (¶¶62 -68) and the prayers for relief related to the 4 th and 6 th causes of action (Prayer ¶¶9 -11, 15) . RULING : The demurrer is sustained with 30 days leave to amend. The motion to strike is ...

Excerpt: ...s CONTINUED. Background This action arises from an appeal of an order, decision, or award of the Labor Commissioner in State Case Number WCCM729446 (the “Underlying Action”). On September 16, 2021, in this Court, Appellant Jimmy Wang (“Appellant”) filed a Notice of Appeal indicat ing that he was appealing the decision of the Labor Commissioner in the Underlying Action and attached the order, decision, or award of the Labor Commissioner as...

Excerpt: ...improperly submitted supplemental briefing without leave of court and the initial opposition was untimely. The court has discretion to overlook late -served papers and resolve the matter on the merits. E.g., Cal. Rules of Court, rule 3.1300(d); Gonzalez v. Santa Clara County Dept. of Social Services (2017) 9 Cal.App.5th 162, 168. Leong submitted the initial opposition for the sole purpose of requesting a continuance. Leong objects to the Olsen de...

Excerpt: ...25,000.00 of that amount. BACKGROUND: On April 8, 2022, Chavez General Construction, Inc. (“Chavez”) filed its Verified Complaint against David Moezinia (“Moezinia”) on causes of action of breach of contract, common counts, and mechanic's lien foreclosure. On May 20, 2022, Chavez filed its Amendment to Complaint. On June 23, 2022, Moezinia filed: (1) Verified Answer to the Complaint; and (2) Verified Cross - Complaint (“Moezinia Cross-C...

Excerpt: ...fficiently state facts to support each claim. Defendant also moves to strike the prayer for punitive damages. The demurrer is sustained without leave to amend and the motion to strike is denied as moot. A demurrer should be sustained only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) As is relevant here, a court should sustain a demurrer if a complaint does not allege facts ...

Excerpt: ...e implied covenant of good faith and fair dealing, (2) breach of contract, and (3) violation of Business and Professions Code section 17200. Plaintiff alleges Defendant has failed to provide coverage for medically necessary emergency services despite a contractual obligation to do so. Defendant Oscar Health Plan of California now moves for judgment on the pleadings of the third cause of action for violation of section 17200. Plaintiff opposed. TE...

Excerpt: ...ings at any time. Desny v. Wilder (1956) 46 Cal.2d 715, 751. Leave may be denied when the party seeking amendment delayed without justification. Melican v. Regents of Univ. of Calif. (2007) 151 CA4th 168, 176. A motion for leave to amend must state when the facts giving rise to the amended allegations were discovered and the reasons why the request for the amendment was not made earlier. Cal. Rules of Court 3.1324(b). A court can deny leave to am...

Excerpt: ...ervices to high-net -worth customers. Through the course of business, Plaintiff alleges it maintained “customized invoices” and “customized contracts” as an a dvantage over its competitors. Plaintiff alleges two of its former employees, Defendants Jonathan Goldhammer and Itay Zeltser —along with Goldhammer's wife, Moran Vaknin—stole Plaintiff's trade secrets to use in a competing business, Defendant Sequoia Pools and Masonry, Inc. Def...

Excerpt: ...2019, Plaintiff Enrique Restrepo suffered severe bodily injuries when Defendant's vehicle struck the plaintiff's motorcycle and caused him to be ejected and fall on the road. (Compl. , ¶¶ 9 - 13.) On December 15, 2023, Defendant served his expert witness designation, identifying six retained experts and ten non -retained experts. (Abkarian Decl., ¶ 5 & Exh. C.) Plaintiffs contend that Defendant has improperly designated two expert neurologists...

Excerpt: .... Plaintiff alleges Defendant Westfield negligently maintained and owned certain property in Canoga Park, which created a dange rous condition on the floor of the subject premises. As a result, Plaintiff slipped and fell when she encountered the dangerous condition. On August 1, 2023, Plaintiff named Universal Protection Service, LP as DOE 1. [TENTATIVE] RULING Defendant UPS' Motions for Relief from Waiver of Objections to Plaintiff's Special and...

Excerpt: ...nd Joshua Sawicki filed this action against Defendants James S. Bekhor Insurance Services Inc. d/b/a Active Insurance and JSB Holdings LLC On December 12, 2024, Plaintiff Joshua Sawicki filed a motion for summary adjudication. At the March 15, 2024 hearing, the Court ordered the parties to file an amended separate statement and supplemental briefing, and it continued the hearing. FACTUAL BACKGROUND All of the Amended Separate Statement's material...

Excerpt: ... diagnosed him and failed to render proper treatment. On February 16, 2024, Defendants filed the instant motion for summary judgment. Plaintiff has not filed an opposition. LEGAL STANDARD The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. (Aguilar v. ...

Excerpt: ...pporting Motion OPPOSITION PAPERS 1. Plaintiff's Opposition 2. Plaintiffs' Separate Statement 3. Plaintiffs' Request to Take Judicial Notice 4. Plaintiffs' Objections to Defendants' Evidence 5. Compendium of Evidence in Support Volumes 1 –3 REPLY PAPERS 1. Reply 2. Defendants' Response to Plaintiffs' Separate Statement 3. Defendants' Objections to Evidence BACKGROUND On May 3, 2022, Plaintiffs Anaiya Smith, a minor, Jenell Nelson, and Jenine Ne...

Excerpt: ... Salvador Velazquez (Plaintiff) filed this action. On September 13, 2022, Plaintiff filed the operative First Amended Complaint (FAC) against defendants Emanate Queen of the Valley Hospital (Queen of the Valley), Kindred Hospital Baldwin Park (Kindred Hospital), Rambod Amani -Yazdi, M.D., Azhar Haq, M.D, Sheri Pham, M.D. (Dr. Pham), Radhika Tulpule, M.D., and Does 1 through 100, alleging causes of action fo r wrongful death and statutory elder ab...

Excerpt: ...h 26, 2024, Defendant filed the instant MJOP. On April 23, 2024, Plaintiff filed an opposition. On April 26, 2024, Defendant filed its reply. Discussion In 2019, the California Legislature passed Assembly Bill 218 (“AB 218”), which took effect January 1, 2020, and made several significant changes to Code of Civil Procedure section 340.1 (“CCP § 340.1”)— the statute of limitations for claims of childhood sex ual abuse. [1] Among other t...

Excerpt: ...ry own evidence concedes that he was demoted, not terminated, such that it fails as a matter of law. Background This is a wrongful termination case. Plaintiff CLARENCE ERVING alleges the following against Defendants SAN GABRIEL VALLEY TRAINING CENTER AND WORKSHOP FOR THE HANDICAPPED (the “Center”), a California corporation; VANESSA BESACK: Plaintiff was employed at the Center from June 1, 2001 to November 11, 2019 where he was a production ma...

Excerpt: ...e defendant.” (Bolkiah v. Superior Court (1999) 74 Cal.App.4th 984, 991.) Plaintiff meets this burden. “[I]n deciding whether service was valid, the statutory provisions regarding service of process should be liberally construed to effectuate service and uphold the jurisdiction of the court if actual notice has been received by the defendant.” (Gibble v. Car -Lene Research, Inc. (1998) 67 Cal.App.4th 295, 313.) “ ‘Personal service usual...

Excerpt: ...t 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 by telephone at (818) 260 - 8412. ALLEGATIONS: Matthew C. Mo...

Excerpt: ... Rules of Court, Rule 3.1308(a)(1) whereby 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 received. Notice may be given eithe...

Excerpt: ...rvice of Summons and Complaint. Discussion Defendant argues that service of the Summons and Complaint must be quashed due to lack of personal jurisdiction for failure to serve Summons and Complaint. “A defendant . . . may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her. . . .” CCP § 418.10(a). A court lacks jurisdic...

Excerpt: ... a California resident was not killed, as the accident did not happen with the borders of California nor on California roads, and the accident did not happen because of a tire purchased or manufactured in California (see Ford, infra), the motions are granted and the request for jurisdictional discovery is denied. Background This case arises from a June 4, 2020 car accident that happened in Virginia wherein the subject tire separated from the vehi...

Excerpt: ...h 21, 2021, Plaintiff Walters Wholesale Electric Co. (“Plaintiff Walters”) filed an action to foreclose mechanic's lien and to enforce stop payment notice (“Walters Action”) against Defendants Tobias Eugene Vargas (“Vargas”), Fred & Jamison LLC (“Jamison”), Evertrust Bank (“Bank”), and Inland Development Company. (“Inland”). On March 29, 2023, Plaintiff Walters filed the operative First Amended Complaint (“Walters FAC”...

Excerpt: ...t been proper service of process. ( Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 808.) “When a motion to quash is properly brought, the burden of proof is placed upon the plaintiff to establish the facts of jurisdiction by a preponderance of the evidence.” ( Aquila, Inc. v. Sup. Ct. (2007) 148 Cal.App.4th 556, 568.) The plaintiff has “the burden of proving the facts that did give the court jurisdiction, that is the facts requisite to...

Excerpt: ...service on Sherman. According to the proof of service, Sherman's registered agent (Rijesh Desai) was served by registered mail, sent to an address on Riverside Drive in Los Angeles. On October 17, 2023, Sherman filed this motion to quash service of summons. No opposition has been filed. LEGAL STANDARD C.C.P. §415.10 provides the requirements of personal service of summons and the complaint as follows: “A summons may be served by personal deliv...

Excerpt: ...mental Cross- Complaint FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Excelsior at the Americana at Brand Homeowners' Association (Excelsior HOA) alleges that it is a California mutual benefit non-profit corporation which is owned by and composed of its members and owners within the community known as The Excelsior at Americana (Excelsior). Plaintiff alleges that there are 100 owner members, and that defendant Paul Van Richter is the trustee of th...

Excerpt: ...t. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (CCP, § 664.6(a).) “Because of its summary nature, strict compliance with the requirements of section 664.6 is prerequisite to invoking the power of the court to impose a settlement agreement.” ( Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal....

Excerpt: ...Civil Procedure section 1294(a). Defendants move for a discretionary stay. “Even when the statutes do not call for an automatic stay on appeal, the trial and appellate courts both have the power to issue discretionary stays.” ( Daly v. San Bernardino County Bd. of Supervisors (2021) 11 Cal.5th 1030, 1039 ( Daly).) Both the moving papers and opposition argue based on the following four factors used for discretionary stays in federal court: “...

Excerpt: ...on a credit card debt. Plaintiff served Defendant, and when no response was made, the Court entered default judgment on February 17, 2023. This hearing is on Plaintiff's motion to set aside the default judgment. Plaintiff represents it recently learned Defendant was not a resident of the State of California and was not properly served. Plaintiff asks the Court to vacate the default judgment due to Plaintiff's counsel's mistake, inadvertence and e...

Excerpt: ...ant sent out written discovery, including two sets of form interrogatories. Plaintiffs responded, but defendant did not believe that the responses were compliant. Defense counsel sent a meet and confer effort, to which the response was “File your motions.” Plaintiffs attempted to set an IDC, but the court took it off calendar because defendant had not agreed to it. Parenthetically, the court will never conduct an IDC with a record like this. ...

Excerpt: ...nst Defendants Artyun Aladjian, individually and dba J&H Auto Wrecking, and all in possession. The property at issue is located at 9415 Glenoaks Boulevard, Sun Valley, CA 91352. Plaintiff alleges that on April 1, 2006, it entered into a 5 -year term tenancy pursuant to a written agreement with Defendants. Plaintiff served a 30 -day notice to quit on Defendants, such that the expiration of the notice was set for August 10, 2023. Plaintiff seeks po...

Excerpt: ...by Defendant Nancy Ming Ling Chen's (“Defendant”) German Shepherd Mix dog. Plaintiff alleges that she was jogging past Defendant on a public street when Defendant was unable to control her dog and, without warning or provocation, the dog viciously attacked and bit Plaintiff. The complaint, filed February 23, 2024, alleges causes of action for: (1) negligence; and (2) strict liability. B. Motion on Calendar On April 3, 2024, Defendant filed a ...

Excerpt: ... (“Defendant”) property located at 6555 Foothill Blvd., Tujunga, CA 91042 on December 24, 2020, when she tripped and fell on a floor mat. Plaintiff alleges that she sustained bodily injuries. The complaint, filed November 16, 2022, alleges causes of action for: (1) premises liability; (2) general negligence. B. Relevant Background and Motion on Calendar On April 19, 2024, Plaintiff filed the motion to strike Defendant's improper supplemental ...

Excerpt: ...n April 20, 2021, alleges that Plaintiffs, Michael Buck, and John Gonzalez (“Plaintiffs”), are members and leaders of the Peace Apostolic Church, Inc. (the “Church”). Plaintiffs allege that after the death of the Church's pastor, the C hurch's de facto officers or directors, Tamara Swancy-Prince (“Prince”) and Priscilla Woods Brown (“Brown”), improperly spent church funds and engaged in other misconduct. Plaintiffs allege that Def...

Excerpt: ...an ad litem William Ferrell, alleges that Plaintiff (a “dependent adult” within the meaning of the Welfare & Institutions Code) was raped, sexually assaulted, sexually harassed, abused, and sexually battered by Defendant Rafael Moya (“Moya”), while Plaintiff was a patient confined to the lockdown unit at Defendant Imperial Care Center LLC (“ICC”). Plaintiff alleges that the rape occurred on March 12, 2022. Plaintiff alleges that Defen...

Excerpt: ...e, M.D., Robert Gottner, M.D., and Mayur Patel, M.D. to examine, care, diagnose, and treat Decedent for his physical condition and complaints. Plaintiff Adam Eagle (“Plaintiff”), the sole heir of Decedent, alleges that Defendants negligently provided medical care to Decedent, leading to his death. The complaint, filed September 26, 2016, alleges a single cause of action for wrongful death (medical malpractice). B. Relevant Background The matt...

Excerpt: ...ith Defendant Armen Crstijian (“Crstijian”) who was operating a motor vehicle that was owned by Defendant N&N Auto Collection Inc. (“N&N” ). Plaintiff alleges that Crstijian failed to exercise reasonable care, which caused Plaintiff to suffer bodily injury. The complaint, filed on October 19, 2022, alleges causes of action for: (1) motor vehicle; and (2) general negligence. B. Motion on Calendar On April 9, 2024, Defendants N&N and Crstij...

Excerpt: ...vices, Inc. (DWWS), Rona Kay (Kay), and Does 1 through 10, all eging violations of FEHA, wrongful discharge, defamation, and intentional infliction of emotional distress. The operative First Amended Complaint, filed January 29, 2020, adds Defendants Diana Eid (Eid) and Janae Bueno (Bueno) and asserts additional FEHA claims. Eid and Bueno were subsequently dismissed on summary adjudication, along with certain FEHA claims. Plaintiffs worked for Dis...

Excerpt: ...ence, surprise or neglect.” (CCP § 473(b).) The attorney affidavit of fault must contain a “straight forward admission of fault.” (State Farm Fire & Casualty Co. v. Pietak (2001) 90 Cal.App.4th 600, 610.) But it need not contain an explanation of the reasons for the attorney's mistake, inadvertence surprise or neglect. ( Martin Potts & Assocs., Inc. v. Corsair, LLC (2016) 244 Cal.App.4th 432, 438 -441.) Relief must be granted “unless the...

Excerpt: ...at a Home Depot store fell and hit him. On June 15, 2022, Plaintiff filed the Complaint in this action asserting a cause of action for negligence against Defendants Home Depot U.S.A., Inc. (“Defendant”) and Does 1 through 10. Defendant filed an answer on August 16, 2022. After some prior efforts, on October 13, 2023, Plaintiff noticed the deposition of the Defendant's person most qualified (“PMQ”) on 8 topics (some with sub -parts) and re...

Excerpt: ...evidence, argument, and comment concerning plaintiff's subjective opinion on the ultimate issue of retaliation. The Court denies the motion. The Court will not micromanage the manner in which Yang testifies about the basis for his claim that he was retaliated against. However, the Court will deal with objections as to relevance and foundation on a question -by - question basis. 2. MIL #2 : GWCC moves to exclude testimony, evidence, argument, and ...

Excerpt: ...f her daughter, S.W. (the “Recipient” or “S.W.”). S.W. has cognitive impairment, autism, epilepsy, and Angelman Syndrome. Accordingly, S.W. is a client of Eastern Los Angeles Regional Center (“ELARC”) and has been placed on a Medicaid waiver. While S.W. was a minor, Petitioner applied for In-Home Supportive Services (“IHSS”) from the California Department of Social Services (“DSS”). A social worker from the County of Los Angel...

Excerpt: ...ON Plaintiffs Alexa and Kim Gallegos (Gallegos Plaintiffs) and Plaintiff Angel Sanchez (Sanchez) are requesting an order from the Court to consolidate LASC Case Nos. 21STCV41026 (hereinafter “Gallegos Matter”) and 21STCV42588 (hereinafter “Sanchez Matter”). The two cases arise from a single motor vehicle collision on November 20, 2019. Sebastien Gallegos (Decedent) and Angel Sanchez were passengers in a vehicle driven by Eugene Oh. The ve...