Excerpt: ...ril 20, 2023, at an initial status conference before the undersigned concerning these cases that it had been sent for trial, the Court noted its inclination to address those issues that could be decided while the Utah Court of Appeal considered a judg ment from a trial in Utah related to elder abuse involving these same parties that are substantially like the issues in the civil elder abuse action (YC 071983). On February 28, 2024, the Court sche...

Excerpt: ...ENTATIVE RULING: The motion is granted in part. Plaintiff is awarded $12,520.07 in attorney fees and costs. Plaintiff is reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil.¿When e- filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court's 5/3/19 First Amended General Order Re Mandatory Electronic Filing f...

Excerpt: ...ion for leave to file a second amended complaint (“SAC”). The Court may, in its discretion and after notice to the adverse party, allow an amendment to any pleading. (Code Civ. Proc., § 473, subd. (a)(1).) A motion to amend a pleading must include a copy of the proposed amendment or amended pleading which must be serially numbered to differentiate it from previous pleadings or amendments and must state what allegations in the previous pleadi...

Excerpt: ...eave to file a First Amended Complaint. TENTATIVE RULING: Plaintiff's Motion for Leave to File a First Amended Complaint is DENIED. DISCUSSION: Plaintiff moves for leave to file a First Amended Complaint. Legal Standard The Court may, “at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, . . . allow the amendment of any pleading.” (Code Civ. Proc. § 576.) A motion to amend a ...

Excerpt: ...cuments. Cross- Complainants filed a notice of non -opposition. The Court may order that a record be filed under seal only if it finds that (1) there is an overriding interest that overcomes the right of public access to the record, (2) the overriding interest supports sealing the record, (3) a substantial probability exists that the overriding interest will be prejudiced absent sealing, (4) the proposed sealing is narrowly tailored, and (5) no l...

Excerpt: ...pshire Inc. and I Park Inc. I Park also filed a cross -complaint against Y&Y, Horizon Plastering Inc., Allstate Engineering dba Allstate Waterproofing, and others. On April 29, 2024, I Park filed a motion for determination of good faith settlement. Any party to an action with two or more joint tortfeasors may petition the court for a determination of the issue of the good faith of a settlement. (Code Civ. Proc., § 877.6, subd. (a)(1).) The court...

Excerpt: ...Settlement The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. BACKGROUND On January 28, 2022, plaintiffs Emily Perez and Joe Perez initiated this action. In the operative first amended complaint against defendants City of Los Angeles; CST Industries, Inc.; CST Covers Industries, Inc., a dissolved California corporation; and Kie wit Infrastructure West Co., f/k/a Kiewit Pacific Co., plaintiffs allege three...

Excerpt: ...ondition of Public Property against City, and (2) Premises Lability/Negligence against Cavanaugh. On April 6, 2023, Plaintiff filed an amendment to the Complaint substituting Zorion LLC (“Zorion”) as Doe 1. On March 22, 2024, Plaintiff filed an additional amendment to the Complaint naming Royal Landscaping, Inc. (“Royal”) as Doe 2. On May 11, 2023, Zorion filed a Cross -Complaint against Roes 1 through 50 for: (1) Equitable Indemnity, (2)...

Excerpt: ...nsation of attorneys and counselors at law is left to the agreement, express or implied, of the parties; but parties to actions or proceedings are entitled to their costs, as hereinafter provided.” (Code Civ. Proc., § 1021.) “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing p...

Excerpt: ...orming defendants of r epairs needed, defendants failed to timely make such repairs. Plaintiff claims defendants initiated eviction proceedings in retaliation for his complaints. Defendants demur to the fourth cause of action for intentional infliction of emotional distress and move to strike punitive damages. Intentional Infliction of Emotional Distress “‘The elements of a prima facie case for the tort of intentional infliction of emotional ...

Excerpt: ...moving papers and opposition papers. No reply has been received by the Court. BACKGROUND On December 30, 2022, Plaintiffs, who are listed under the pseudonyms of John Doe or Jane Doe, filed a complaint against Defendants Doe Archdiocese and Doe Seminary (collectively, “Defendants”) alleging: (1) negligence; (2) negligent supervision; (3) negli gent hiring/retention; (4) negligent supervision of a minor; and (5) vicarious liability. The compla...

Excerpt: ...ELIEF REQUESTED IN MOTION TO STRIKE: An order striking the prayer for damages in the amount of $10,000,000. RULING : The demurrer is sustained without leave to amend. The motion to strike is placed off calendar as moot. SUMMARY OF FACTS & PROCEDURAL HISTORY On 3/14/24, Plaintiff Julian Lawrence Colberg (Plaintiff), representing himself, filed this action against Defendant Mahasti Saghizadeh, D.D.S. (Defendant) for: (1) Trespass, (2) Negligence, (...

Excerpt: ...ositions, and replies, and renders the following tentative decision. I. Statement of the Case Petitioner FTC commenced this proceeding on December 5, 2023. On February 23, 2024, FTC filed the FAP, the operative pleading, which alleges ten causes of action for declaratory relief and/or mandamus. The verified FAP alleges in pertinent part as follows. A. Pertinent Facts As a California non -profit public benefit corporation, FTC's mission is to prom...

Excerpt: ...id Hosseimzadeh Dolkhani (“Defendant” and, together with Plaintiff, “Parties”) dissolved their marriage in 2021. (Complaint p. 6.) The judgment of dissolution called for equal custody of their minor child (Parties' “Daughter”) with Defendant as the custodial parent. ( Ibid.) Despite this, Defendant prevented Plaintiff from seeing his Daughter for months at a time and interfered with, disrupted, or refused to bring their Daughter to co...

Excerpt: ...ration describing such meet and confer efforts at least nine (9) court days before the next scheduled hearing. BACKGROUND This is an action to quiet title. In November 1987, Plaintiff Shelia Crigler and William Crigler purchased a property in Pomona. To finance their purchase, they obtained a secured loan and subsequently mortgaged the Pomona property for additional funds. In October 2018, they executed a quitclaim deed to convey their ownership ...

Excerpt: .... Rocco (“Plaintiff”) NOTICE: OK RELIEF REQUESTED: An order from this Court sustaining Defendants' demurrer to the Complaint. TENTATIVE RULING: The demurrer is SUSTAINED WITH LEAVE TO AMEND. The request for judicial notice is GRANTED. BACKGROUND On December 12, 2023, Plaintiff, in pro per, initiated this action against Defendants. It appears that the Complaint alleges the following causes of action: (1) Indemnity (Compl., at p. 4); (2) Trade ...

Excerpt: ...BACKGROUND This is an action for unlawful detainer. On March 22, 2024, Plaintiff Naomi Ortega (“Plaintiff”) initiated this action against Defendant Rosa A. Trujillo (“Defendant”). The complaint alleges that Defendant entered into a lease agreement with Plaintiff since March 1, 2017 in connection with the residential property located at 734 E. 42nd Place, Los Angeles, CA 90011. The complaint further alleges that the tenancy was terminated ...

Excerpt: ... Fox Hills Auto, dba Airport Marina Ford (“Airport Marina”) (collectively, “Defendants”) demur to Plaintiff Shlomi S. Harush's (“Harush”) (“Plaintiff”) complaint (“Complaint”) on the following grounds: (1 ) pursuant to C.C.P. §430.10(e), Plaintiff cannot state his fifth cause of action for fraudulent inducement – concealment against Ford as a matter of law because the claim fails to plead essential elements to state the cla...

Excerpt: ...entire loan, on February 1, 2024, Defendant served Plaintiff with a Declaration of Mortgage Servicer Pursuant to Civil Code § 2923.5(b) and a Notice of Default and Election to Sell Under Deed of Trust. On Mach 21, 2024, Plaintiff filed suit against Defendant asserting the following causes of action (COAs): 1. Declaratory Relief 2. Rescission 3. Fraud 4. Unjust Enrichment On April 26, 2024, Plaintiff filed the instant motion to prevent the June 6...

Excerpt: ...a Williams- Sonoma Inc., Trader Joe's Company, and Trader Joe's East Inc. The operative complaint is the first amended complaint, filed on January 21, 2020. On May 1, 2024, Defendants filed a motion for judgment on the pleadings. REQUESTS FOR JUDICIAL NOTICE Defendants' Request for Judicial Notice of Exhibits A, B, I, J -M is denied as irrelevant. These orders are unpublished and nonprecedential. (See Santa Ana Hospital Medical Center v. Belshe (...

Excerpt: ...raudulent concealment; (3) violation of Penal Code section 496; (4) breach of promissory note; (5) intentional interference with contract; (6) breach of guaranty; and (7) breach of guaranty. On 2/2/2024, Plaintiffs moved for summary adjudication of the first, fourth, fifth, and sixth causes of action. Discussion Plaintiffs argue they have established their first, fourth, fifth, and sixth causes of action. I. Promissory Fraud “The elements of pr...

Excerpt: ...s 3J1M LLC; Ironwood Velvet LLC; and Aperto Property Management Inc. (collectively, “Defendants”) Responding Party: Plaintiff Dawnielle DeSensi, Shiyann Redmond, and Alexis Redmond (collectively, “Plaintiffs”) Notice: OK Ruling: The Motion to Compel Further Responses to Form Interrogatories (Set One) is DENIED. The Motion to Compel Further Responses to Special Interrogatories (Set One) is DENIED. In connection with the motion re: Form Int...

Excerpt: ...e leave requested, including, but not limited to, the following: (1) The necessity and the reasons for the discovery. (2) The diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier. (3) Any likelihood that permitting the discovery or hearing the discovery motion will prevent the case from going t...

Excerpt: ...a witness or the production of documents, electronically stored information, or other things before a court or at the taking of a deposition, the court, upon motion “reasonably made” by the party, the witness, or any consumer whose personal records are sought, or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance wi...

Excerpt: ...is action arises out of a motor vehicle accident that occurred on 9/30/22 wherein Plaintiff Juan Francisco Rodriguez Cortes (Plaintiff) was struck by a motor vehicle driven by Defendant Jose Luis Gomez Ramirez (Ramirez). (Complaint ¶16). Plaintiff alleges that Ramirez drove a vehicle off the road and struck Plaintiff at the intersection of Laurel Canyon Boulevard and Mercer Street in Los Angeles. Id . Plaintiff alleges that on or before the acci...

Excerpt: ... LEGAL STANDARD CCP section 2023.030 provides that, "[t]o the extent authorized by the chapter governing any particular discovery method..., the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose... [monetary, evi dence, and terminating] sanctions against anyone engaging in conduct that is a misuse of the discovery process...." CCP section 2023.010 provides that "[m]isuses of ...

Excerpt: ...hrough his Guardian ad Litem, S.F., and M.M., a minor, by and through his Guardian ad Litem, M.C. RESPONDING PARTY: Defendant Los Angeles Unified School District The Court has considered the moving papers and opposition papers. No reply has been received. BACKGROUND These consolidated actions involve various plaintiffs who have sued Defendant Los Angeles Unified School District (“LAUSD”) based on allegations of sexual abuse perpetrated by Def...

Excerpt: ...rofessions Code § 17500. On November 28, 2020, May was driving a 2021 Honda Talon (“Talon”) 1000x (a side-by-side UTA/ATV) while Lisa McCafferty (“McCafferty”) was a passenger. (Compl., ¶ 18.) While driving on an offroad trail, both May and McCafferty were wearing harnesses and he lmets. (Compl., ¶ 18.) When the Talon encountered an uneven surface on the road, it flipped, performing a single frontal rollover, with it coming to rest bac...

Excerpt: ...tigation of alleged misconduct an d violations of now-dismissed Defendant Eduardo Xavier Yanez. The Commission shall disclose unredacted versions of the documents with Bates Nos. CTC0019, CTC0024, CTC0030, CTC0035, CTC0043, CTC0051, CTC0058, CTC0063 and CTC0086, except that it will redact Yanez's social security number, date of birth, and other ident ifying personal information that does not pertain to his character and fitness. Moreover, the doc...

Excerpt: ...wing causes of action: (1) violation of Civil Code § 3342; (2) negligence; and (3) premises liability. As alleged in the complaint, Plaintiff was injured on December 28, 2014 when she was attacked by Defendants' dog while patronizing Defendants' store. On January 25, 2019, default was entered against Defendant L.A. Fresh Poultry, Inc. Thereafter, on June 6, 2019, defaults were entered against the individual defendants. On July 29, 2022, the Cour...

Excerpt: ...tiff or Mr. Reed) filed suit against the County of Los Angeles, Los Angeles County Sherriff's Department, Sheriff Alex Villanueva, Sergeant Rodriguez, Sergeant L. Raymond, Deputy D. Auner, Deputy Hussainian, Deputy M. Salomon, and Deputy J. Stern (collectively, Defendants). On 5/26/2023, Plaintiff filed a second amended complaint (SAC) alleging: (1) breach of mandatory duties; (2) failure to summon medical care; (3) negligence; and (4) violation ...

Excerpt: ...ment of compliance with the demand is incomplete,” “[a] representation of inability to comply is inadequate, incomplete, or evasive,” or “[a]n objection in the response is without merit or too general.” (CCP § 2031.310(a).) Plaintiff shows good cause for further responses to these demands. Accountable responded with incomplete statements of compliance. A statement of compliance must state the inspection “will be allowed either in who...

Excerpt: ...is twelve -year old daughter, H.D Doe (“Plaintiffs”), a minor by and through her guardian ad litem and father, Carlos Davis. Plaintiffs filed the original complaint against Defendant Ho me 2 U 9, LLC (“Home” or “Defendant”) on December 15, 2021 and then subsequently amended it. Defendant Home is an adult residential care facility located next door to Plaintiffs' home. In September 2021, Steve Golden (“Golden”) came to live at Defe...

Excerpt: ..., Inc. (Tesla) by acquiring a certified pre -owned 2015 Tesla Model S 85. Subsequently, Soliman alleges the vehicle presented with serious defects in its electrical and body systems. On September 27, 2023, Soliman filed a complaint against Tesla and Does 1 -20, alleging (1) breach of express warranty and (2) breach of implied warranty. On February 28, 2024, Tesla filed the present motion. A hearing on the present motion is set for May 28, 2024, a...

Excerpt: ...e with taking leave; (3) whistleblower retaliation; (4) wrongful termination; and (5) unfair competition. On 3/12/2024, Defendant moved to compel arbitration, and stay these proceedings. Legal Standard Where the Court has determined that an agreement to arbitrate a controversy exists, the Court shall order the petitioner and the respondent to arbitrate the controversy …unless it determines that… grounds exist for rescission of the agreement.�...

Excerpt: ...nifer McCullum filed a cross -complaint against Greenspan and others. On January 9, 2024, Greenspan filed a motion to compel arbitration. Cross -Defendants Matthew Blumkin, Matthew Goldstein, and Sydney Greenspan filed a notice of joinder to the motion. [1] The Court must grant a petition to compel arbitration unless the defendant has waived the right to compel arbitration or if there are grounds to revoke the arbitration agreement. (Ibid. ; Code...

Excerpt: ...eness of the 33% attorney fee of $346,500.00, which is higher than the lodestar of $148,360. Background Plaintiff was employed by Defendant White Memorial Medical Center (“Defendant”) beginning in 2018. The main claims in this case are that non -exempt employees were not paid for ‘waiting time' while going through Covid -19 clearance prior to starting their shifts and that case managers were not given meal and rest breaks. Plaintiff filed t...

Excerpt: ..., 2019, plaintiff Michael Dyberg filed the complaint against defendants Laura Gehley and Mark Gehley for (1) defamation and (2) intentional infliction of emotional distress. On May 5, 2020, defendant/cross-complainant Laura Gehley filed a cross -complaint against plaintiff/cross -defendant for (1) sexual battery, (2) battery and assault, (3) intentional infliction of emotional distress, and (4) negligent infliction of emotional distress. This is ...

Excerpt: ...intiff alleges that she traveled to Culver City Chevrolet, met with the salesp erson and asked him to show her a Bolt. She alleges that she was satisfied by the representations made by the salesperson and the manufacturer through publications that the vehicle's range on a charge was 259 miles. However, the Subject Vehicle allegedly had defects including with the EV battery module, insufficient distance on a charge, potential high voltage battery ...

Excerpt: ...no Sales (collectively, “Plaintiffs”) filed this action against Defendants Fermin M. Fuentes and Jeanette De Angel (jointly, “Defendants”) On September 25, 2023, Plaintiffs filed the operative First Amended Complaint (“FAC”), alleging causes of action for (1) wrongful eviction, (2) breach of covenant of quiet enjoyment (tort), (3) breach of covenant of quiet enjoyment (statute), (4) intention al infliction of emotional distress, (5) v...

Excerpt: ...sion of Code of Civil Procedure Section 473 or, in the Alternative, Pursuant to the Mandatory Provision of Section 473. I. Background A. Pleadings Plaintiff Robert Drummond, as trustee of the Drummond Family Trust of 1991 sues Defendants Armin Monfared, Innovate Realty, Inc. (sued as Innovative Realty, Inc.; hereafter, Innovative), Bye Bye House, Inc. (BBH), Stephen Couig, Paul Hanson, Michael Marsha ll and Does 1 to 50 pursuant to an October 10,...

Excerpt: ...default against Defendant. Defendant moves to set aside the default judgment Plaintiff took against Defendant. Plaintiff opposes the motion. The Court previously considered this motion and, in its order of January 17, 2024, continued the matter for further briefing. DISCUSSION “There are four grounds which a court, utilizing its equity capacity may rely upon to provide relief from a default. Those areas are (1) void judgment, (2) extrinsic frau...

Excerpt: ...oves to set aside the default judgment Plaintiff took against Defendant. Plaintiff opposes the motion. DISCUSSION “There are four grounds which a court, utilizing its equity capacity may rely upon to provide relief from a default. Those areas are (1) void judgment, (2) extrinsic fraud, (3) constructive service, and (4) extrinsic mistake.” ( Stiles v. Wallis (1983) 147 Cal.App.3d 1143, 1147.) The Court may set aside the default judgment as voi...

Excerpt: ...HIS ORDER ANALYSIS: On April 19, 2023, an arbitrator issued an Arbitration Award in favor of Maria Avila (“Petitioner”) and against American Complete Home Services, Inc. dba American Air Conditioning & Heating (“Respondent”). On January 19, 2024, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). Petitioner filed proof of service of the Petition on May 1, 2024. No response to the Petition has been fil...

Excerpt: ...h she claimed caused her multiple physical injuries. After a 5 day jury trial, the jury found that D was not negligent and this Court accordingly entered a judgment for D on 3/26/24. Prior to trial, D made 2 § 998 offers to compromise: 6/12/20 for $15,001 and one on 8/30/22 for $25,000. Neither was accepted. On 4/10/24, D served its Memorandum of Costs (“Cost Memo”) on P seeking $75,315.50 as the prevailing party. P brings this instant motio...

Excerpt: ...f matters admitted in Requests for Admissions, Set One MONETARY SANCTION: None sought FACTUAL BACKGROUND: Plaintiffs Jay D. Helmer and Natasha L. Marchewka allege that in October of 2021 plaintiffs purchased a 2021 Jeep Wrangler, in connection with which defendant FCA US LLC issued a written warranty, in which defendant FCA US LLC undertook to preserve or main tain the utility or performance of the vehicle or provide compensation if there was a f...

Excerpt: ...On January 26, 2024, Defendant Constance Wildasinn served Requests For Production of Documents, Special Interrogatories, Form Interrogatories, and Requests for Admissions on Plaintiff Casamigo Capital LLC. Plaintiff did not provide timely responses, and Defendant agreed to extend the deadline to March 25, 2024. Plaintiff still did not serve responses. On April 3, 2024, Defendant filed four motions to compel Plaintiff's responses and to deem the R...

Excerpt: ...ent found that during the pandemic, Petitioner's normal pattern of earning a living was in commissioned sales and therefore she was ineligible for unemployment compensation benefits. An Administrative Law Judge (“ALJ”) affirmed that decision, and Respondent adopted the ALJ's decision. Petitioner seeks a writ of mandate compelling Respondent to set aside that decision. At the trial setting conference, the court scheduled the petition for heari...

Excerpt: ...alleging general negligence and premises liability. Basheer claims that: “On or about March 14, 2023 Plaintiff was lawfully on the premises of Defendants DAVID L ABO, an individual; TONY T NGUYEN, an individual; DIMONDALE ADOLESCENT CARE FACILITY, unknown entity; and DOES 1 TO 50, inclusive, located at or near 2509 W 115th Pl., Hawthorne, CA 90250. Plaintiff was walking within the subject premises when she slipped on a dirty, slippery and/or we...

Excerpt: ...dai Securities Co., Ltd. v. Lee (2013) 215 Cal.App.4th 682, 693.) “[A] plaintiff, in order to obtain recognition of a foreign -country money judgment must proceed in accordance with the normal procedures applicable to actions and not by way of a motion or petition to recognize the foreign -country money judgment.” ( Ibid. ) If a plaintiff “wishes to have its contentions dealt with summarily, it must do so by way of a motion for summary judg...