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: ...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: ...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: ...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: ...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: ... 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: ...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: ...: • 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: .... 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: ...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: ...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: ...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: ...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: .... 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: .... 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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ..., “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: ...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: ...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: ...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: ...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: ...) 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...