Excerpt: ...roposed judgment within 10 days after the date of this order. The case is closed. Defendant Maultsby's motion to change venue is DENIED as moot. Moving party to provide notice. FACTUAL BACKGROUND This is an action for unlawful detainer. Plaintiff alleges that on May 9, 2023, it acquired the subject property and unit at a trustee's sale after Maultsby defaulted on a loan secured by the property. (Compl., ¶9.) Defendant remains in possession of th...

Excerpt: ...laintiff”), Saul Gonzalez Arreola, and Eva Gonzalez Arreola filed this action against def\ endant Li Cui (“Defendant”), among other medical professionals, arising\ from the death of Jorge Gonzalez (“Decedent”). On January 10, 2024, Defendant filed this demurrer to Plaintiff's Third Cause of Action for negligent inflictio\ n of emotional distress (“NIED”). Defendant argues that the NIED claim fails to\ state facts sufficient to const...

Excerpt: ..., individually and as Trustee for the Eisler Family Living Trust; Eisler Investments; West End Properties; Robert Sundeen; Carole Sundeen; and Dustin Wells. MOTIONS Plaintiff Yazmin Ortiz (“Plaintiff”) demurs to and moves to strike the first amended answer (“FAA”) filed by Defendants Rudy Eisler, individually and as trustee for the Eisler Family Living Trust; Steven Eisler individually and as Trustee for the Eisler Family 2000 Living Trus...

Excerpt: ...1-1992, when Jane Doe AH was 13 and Jane Doe KC was 15. The abuse occurred in both Mexico and California, while the Doe plaintiffs were backup singers and dancers for Defendant Trevi, a Mexican popstar. There are two cross -complaints in this action. Defendant Trevi brought a cross- complaint against Sergio Andrade, Jane Does KC 1 and AH 2, Jane Roe JP 1 and Conexiones Americanas. As to Jane Doe KC 1, Trevi alleges that KC 1 aided and abetted And...

Excerpt: ...sory Note 4. Breach of Guaranty 5. Breach of Implied Covenant of Good Faith and Fair Dealing 6. Judicial Foreclosure of UCC -1 Lien 7. Interference With Contract 8. Accounting 9. Declaratory Relief RULING : The demurrer is overruled as to the 1 st, 7 th and 9 th causes of action and sustained without leave to amend as to the 5 th cause of action. Answer is due within 30 days. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of the sal...

Excerpt: ...ligence, and the third COA for gross negligence. Plaintiff's opposition was due April 18, 2024 and none was filed. Procedure Despite the demurrer citing to three separate COAs, Plaintiff's Complaint only alleged a single COA for general negligence. The Court reviewed the Complaint and the Demurrer based upon the express allegations made in the Complaint (i.e., a single COA for general negligence). The Court noted that Plaintiff alleged within the...

Excerpt: ...l Detainer Complaint OPPOSITION: 18 April 2024 REPLY: 14 April 2024 TENTATIVE: Defendants' demurrer is sustained without leave to amend. The action is dismissed. Moving party to give notice. BACKGROUND On December 21, 2023, Quetzal Salcido as administrator of Patricia Salcido -Alvonistis's Estate (“Plaintiff”) filed an Unlawful Detainer (UD) Complaint against Eric Martirosyan and E & E Ristorante Group, Inc. (collectively “Defendants”). O...

Excerpt: ... the cause of action under Title 42, United States Code, Section 1983 for the reason set forth below. Plaintiff must file a first amended complaint within 20 days after the date of this order. In the amended complaint, Plaintiff must address the issue of the capacity in which Defendant Crosby is being sued as discussed below. Moving party to provide notice. FACTUAL BACKGROUND This is an action alleging law enforcement officer misconduct. Plaintif...

Excerpt: ...on for a Court Judgment by default. The proposed money judgment is for over $6 Million and against Defendant Harbor Green Grain, LP, and separately against other defendants as well based on the same evidence. Plaintiffs' evidence submitted in support of the claimed default judgments as to each of the defaulting defendants is the Declaration of Qiandai Zhao, who asserts she is the owner of LAT Group Inc. The evidence is insufficient for the Court ...

Excerpt: ...ather than in person due to the COVID-19 pandemic. This is a lemon law matter. Defendant Ford Motor Company demurs to the Complaint's sixth cause of action for concealment for failure to state sufficient facts. When considering demurrers, courts read the allegations liberally and in context, and “treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” ( Serrano v. Pr...

Excerpt: ...legal issue is identical for the parties, the court issues this ruling as to each of the separately filed demurrers. BACKGROUND Plaintiff filed the Complaint on September 29, 2022. After the parties met and conferred, Plaintiff's First Amended Complaint was filed on June 2, 2023. After Defendants successfully demurred to the SAC, Plaintiff's Second Amended Complaint was filed on Ja nuary 29, 2024. Plaintiff alleges the following facts. Plaintiff ...

Excerpt: ... to strike punitive damages. The court sustained a demurrer on 12/15/23. The FAC includes new allegations that an arborist opined the vine is injurious to health, and a structural engineering firm opined the hot water eruption caused structural damage to Hill's home. FAC ¶¶ 36 -37. Per Cal. Civ. Code §841(b)(2), “[a]djoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them[,]” a...

Excerpt: ...auses of action with 20 days leave to amend. Defendants' motion to strike is moot as the FAC is subject to demurrer. I. BACKGROUND On May 19, 2023, Plaintiff Timothy Kortenkamp (“Plaintiff”) filed this action. On January 25, 2024, Plaintiff filed a First Amended Complaint against Defendants Anthem Blue Cross Life and Health Insurance Company (“Anthem”) and Elevance Health, Inc. (“Elevance”) alleging the following causes of action: C/A...

Excerpt: ...another student while on campus. [2] On December 28, 2023, Plaintiff Y.O., a minor, and by and through her Guardian Ad Litem, Beatriz P. filed suit against Defendants WALNUT VALLEY UNIFIED SCHOOL DISTRICT (“District”); SUSAN ARZOLA (the “Principal”). On January 30, 2024, Plaintiff filed her first amended complaint (FAC) against the same Defendants for: 1. Negligent Supervision Of Students [Gov. C. §§ 815.2, 815.6, And 820]; 2. Negligent...

Excerpt: ...e fourth cause of action without leave to amend. The motion to strike is MOOT in part and GRANTED with leave to amend in part. Discussion This is a derivative action filed by Plaintiff Steven Liu on behalf of Defendant Saratoga Maintenance Corporation (“Saratoga”). Plaintiff originally pursued this action in his individual capacity, (see Case No. 19STCV25459), and alleged seven causes of act ion against Saratoga, Defendant John Leon, Defendan...

Excerpt: ...r 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 factual basis for the claim against h...

Excerpt: ...R STREET LENDING FUND IV SPE, LLC'S MOTION TO STRIKE PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT Background Plaintiff Denise Wheeler (“Plaintiff”) filed this action on September 21, 2023 against Defendant Center Street Lending Corporation. Plaintiff filed the operative First Amended Complaint (“FAC”) on January 8, 2024 against Defendants Center Street Lending Corporation and Center Street Lending Fund IV SPE, LLC (jointly, “Defendan...

Excerpt: ...general remodeling services for the property located at 19103 Singingwood, Rowland Heights, Los Angeles, CA (“subject property”). This estimate did not include overhead and profit, which was billed separately. Plaintiff provided Defendants with h invoices in the amounts of: (1) $9,101.21, (2) $9,646.98, (3) $9,000.00, (4) $6,579.22, (5) $2,774.81, and (6) $657.93, totaling $37,760.15. Invoices #1 -#3 comprised the work that was paid by the in...

Excerpt: ...d A. Pleadings Plaintiff Michelle Leonard sues Defendants Brian E. Claypool (Brian Claypool), The Claypool Law Firm (Claypool Law), and Does 1 to 20 pursuant to a May 3, 2023, First Amended Complaint (FAC) alleging claims of (1) Legal Malpractice and (2) Breach of Fiduci ary Duty. The claims arise from allegations that, in the course of their legal representation of Michelle Leonard in claims surrounding her injuries arising from the Route 91 Har...

Excerpt: ...o. Payments, Inc., and Inter & Co., Inc. (joined by defendant Eliran Grushkowsky on September 8, 2023) RESPONDING PARTY: Plaintiff Forex Express Corp., d/b/a WireCash Motion to Quash Subpoenas for Production of Business Records The court considered the moving, joinder, opposition, and joint reply papers filed in connection with this motion. DISCUSSION Defendants Inter & Co. Payments, Inc., and Inter & Co., Inc. (“Inter Defendants”), joined by...

Excerpt: ...n's Motion to Quash Service of Summons. I. Background Plaintiff Mighty Enterprises, Inc. (Mighty Enterprises) sues Defendants Chung -Hsin Electric & Machinery Manufacturing Corporation (Chung -Hsin) and Does 1 through 100 pursuant to a December 14, 2023, Complaint alleging 14 distinct counts. On January 2, 2024, Mighty Enterprises filed a proof of service for service on Chung -Hsin. The proof of service reflects personal service of the summons, C...

Excerpt: ...iff Kimberly Echeverria (“Echeverria” or “Plaintiff”) began working for Elite Veterinary Corporation (“Elite Veterinary”) in July 2021. Echeverria later became pregnant. During her pregnancy, Echeverria suffered extreme morning illness which forced her to miss work or caused her to begin work later than her scheduled shift. Because of her need for intermittent pregnancy leave and modest accommodation, Elite Veterinary reduced her hour...

Excerpt: ...1. Plaintiff, who is currently 45 years old, alleges that Doe 2, Kevin Huricks (“Huricks”), sexually assaulted him during the 1993-1994 school year, at school when Plaintiff was 16 or 17 years old. (Complaint, ¶¶ 11-15.) Huricks, who is now deceased, was a specia l education teacher's aide at Jordan High School, where Plaintiff was a student. (Complaint, ¶ 14.) Huricks was subsequently criminally convicted in 1993 for committing sexual mis...

Excerpt: ...ia and Valerie Mejia (collectively “Plaintiffs”) filed this action against Defendant Vladimir Rozumny. Plaintiffs filed a First Amended Complaint on October 13, 2023 and asserted the following causes of action: 1. Tenant Harassment in Violation of Los Angeles Code §§ 45.33, 45.35 2. Violation of the Tenant Buyout Notification Program (Los Angeles Municipal Code § 151.31) 3. Breach of Covenant of Quiet Enjoyment 4. Nuisance 5. Unfair Compet...

Excerpt: ...arising from an automobile collision. On October 9, 2023, Plaintiff filed a Notice of Settlement of Entire Case providing the parties entered into a conditional settlement upon receipt of settlement funds. Plaintiff now moves for an order to enforce settlement agreement pursuant to CCP § 664.6. Defendant opposes the motion, and Plaintiff filed a reply. 1. Moving Argument Plaintiff argues the parties participated in mediation, and after transmiss...

Excerpt: ... Inc., and Kyle Shanahan's Motion to Dismiss or Stay Action Pursuant to Code of Civil Procedure § 410.30(a). I. Background A. Pleadings Plaintiff J.P. (Joseph Parker) sues Defendants Eastern Revenue, Inc. (Eastern Revenue), Emmanuel University, Inc., Kyle Shanahan (Eastern Revenue's President), Matt McRee, Joann S. Harper, and Does 1 -30 pursuant to an unsigned October 30, 2023, Complaint a lleging claims sounding in fraud, unfair business pract...

Excerpt: ...opposition on April 17, 2024. Defendant filed a reply on April 23, 2024. Legal Standard Code Civ. Proc. § 128(a)(8) provides that the court has the power to amend and control its process and orders so as to make them conform to law and justice. “The power to determine when a continuance should be granted is within the discretion of the trial court.” (Color -Vue, Inc. v. Abrams (1996) 44 Cal.App.4th 1599, 1603.) “A trial court has wide lati...

Excerpt: ... City employee on the 134 West freeway in Pasadena. On February 27, 2024, Los Angeles County Metropolitan Authority filed the instant motion to compel responses to the Requests for Production, Set One. Plaintiff filed an omnibus opposition on March 21, 2024. Defendant filed an omnibus reply on April 23, 2024. Before the Court is Defendant LACMA's motion for an order compelling response to Requests for Production of Documents, Set One. Because the...

Excerpt: ...of Cross-Complainant Shan C. Kou to Requests for Production, Set One; and Requests for Sanctions for $3,310. (1983) 2. Motion to Compel Response of Cross-Complainant Shu C. Kou to Requests for Production, Set One; and Requests for Sanctions for $3,310. (1129) The court considered the moving, opposition, and reply papers. 1. Motion to Compel Response of Cross-Complainant Shan C. Kou to Requests for Production, Set One is GRANTED. Requests for Sanc...

Excerpt: ...rovided negligent drawings, plans, specifications, safety instructions, and designs for Plaint iff to use in constructing a building. As a result, the building Plaintiff was working on collapsed, causing him to sustain grave injuries. His wife sues for loss of consortium. 2. Motion to Compel Plaintiffs propounded RPDs, FROGs, and SROGs on Defendant, Kern Steel Fabrication, Inc. on 8/04/23. Defendant obtained extensions of time to respond, and ult...

Excerpt: ...ion against Defendants and Does 1-10 for: 1. Breach of Contract 2. Common Count On February 13, 2020, Plaintiff filed a conditional “Notice of Settlement of Entire Case;” that day, Plaintiff dismissed the entire action of all parties “pursuant to CCP Section 664.6,” without prejudice. On March 21, 2024, Plaintiff dismissed the complaint against Corpuz and Does 1-10, without prejudice. Legal Standard “If parties to pending litigation sti...

Excerpt: ...gainst Albert Gregory Pinto (“Defendant”) and Does 1 through 25. On August 21, 2023, Plaintiff filed this motion to serve by publication or posting. The hearing has been continued several times. Legal Standard Where no law exists for the service of summons in a particular action, the court may direct that summons be served in a manner which is reasonably calculated to give actual notice to the party to be served and that proof of such service...

Excerpt: ...4 RELIEF REQUESTED Plaintiff moves for an order compelling Defendant Middleridge Concepts, Inc. dba Bryant Heating and Air Conditioning to provide responses to form interrogatories, special interrogatories, requests for production of documents, and an order deeming the truth of the matters of the requests for admissions admitted. BACKGROUND This is a personal injury premises liability case. Plaintiff alleges that there was an open basement trapdo...

Excerpt: ...rs at their warehouse. Plaintiff provided Defendant with lumpers and sent Defendant invoices. Defendant has failed to pay the invoices. On November 3, 2023, Plaintiff filed a complaint, asserting causes of action against Defendant and Does 1-25 for: 1. Breach of Contract 2. Common Counts On January 9, 2024, Defendant's default was entered. A Case Management Conference is set for April 30, 2024. Legal Standard “The court may, upon any terms as m...

Excerpt: ...ice: OK Ruling: The Motions to Quash are denied. The Motion to Seal is granted. Moving parties to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. On November 24, 2021, Plaintiff Simmons Unlimited, LLC filed the operative Complaint against Defendants Dejanee Riley Izydorczyk (“Riley”), Gabriella McNeill, and Deja Riley Athletics...

Excerpt: ... action arises from the deterioration of a business relationship between Jeff Kwatinetz (“Kwatinetz”), founder and manager of music production company, Prospect Park, LLC, and Azealia Banks (“Banks”), a recording artist and rapper. On September 20, 2021, Kwatinetz and Prospect Park, LLC (collectively, “Plaintiffs”), filed a Complaint against Banks and Lasagna Girl, LLC (collectively, “Defendants”). The Complaint alleged the causes...

Excerpt: ...frontation between two attorneys in the Mosk Courthouse hallway. The Complaint alleges that Defendant Fari Bari Nejadpour (Defendant Nejadpour) “instigated an extremely minor confrontation by cornering, trapping, det aining and threatening” Plaintiff Larry M. Bakman (Plaintiff Bakman) and “forcing a cellular telephone” into Plaintiff's face and recording Plaintiff's voice without his permission in an attempt to falsely claim that Defe...

Excerpt: ...n September 26, 2023. He alleges that Defendant Exeter Finance LLC (Defendant), as his auto -finance lender, wrongfully repossessed and sold his vehicle despite his timely payments on his auto -loan. Plaintiff's complaint alleges three causes of action against Defendant for negligence, fraud, and conversion. On February 8, 2024, Defendant filed this motion to compel arbitration based on the arbitration clause in a Retail Installment Sale Contract...

Excerpt: ...Oasis”) for the use of medical cannabis growth operations. The parties entered into a written contract. Thereafter, Oasis defaulted on the rent and facility fee payments. Alprop attempted to resolve the dispute without resorting to arbitration. Oasis did not respond. Alprop later opened an arbitration case with JAMS as provided under the partie s' agreement. However, Oasis did not respond to any notice or correspondence from JAMS to participate...

Excerpt: ...erest Employment Development Department (“EDD”), to schedule him for an in -person appointment. Additionally, Herrera asks the court to issue a cease -and -desist order to prevent the EDD from continuing to garnish Herrera's wages. The court has read and considered the moving papers, opposition, and reply, (and Herrera's April 22, 2024 Brief) and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Herrera...

Excerpt: ... Pressed Down, LLC, Protech Minerals, LLC, and Protech Minerals RE LLC. O n October 17, 2023, the court denied the petition as to petitioners, and granted as to respondents. Petitioners filed a notice of appeal on July 2, 2021. On June 24, 2022, the order on the petition was affirmed on appeal. Remittitur was issued on September 12, 2022. RULING: Continued to July 19, 2024. On June 9, 2023, respondents Pressed Down, LLC, Protech Minerals, LLC, an...

Excerpt: ... Sanctions are DENIED. II. Defendant MED (DE) LLC's Motions to Compel Responses to Form Interrogatories (set one), Requests for Production (set one), and Special Interrogatories (set one) as to Plaintiff BRIANA WINGO are ADVANCED from May 1, 2024 to this date and GRANTED. Plaintiff is ordered to serve responses without objections in 20 days. Sanctions are DENIED. Defendant to give notice. Defendant MED (DE) (“Defendant”) owns and operates an ...

Excerpt: ...15/2024) TENTATIVE RULING Defendants' Motion to Stay the Civil Proceeding is GRANTED. I. BACKGROUND On September 9, 2022, Plaintiffs Jung Park (“Jung”) and Young Park filed the instant action against Defendants Sofia Sweetheart LLC, Lida Behnam (“Lida”), and Sofia Benham. On December 4, 2023, Plaintiffs filed a Second Amended Complaint alleging the follo wing causes of action: C/A 1: Prescriptive Easement C/A 2: Implied Easement by Necess...

Excerpt: ...ber 11, 2023. On January 12, 2024, Defendant filed the instant Motion to Vacate Default. No opposition has been filed to date. Discussion Defendant moves to vacate the entry of default pursuant to Code of Civil Procedure section 473, subdivision (b) and (d), and section 473.5. The Court will consider each statutory basis in turn. Code of Civil Procedure section 473, subdivision (b) Under this statute, an application for relief must be made no mor...

Excerpt: ...Los Angeles, California (the “Property”). Landlord leased the Property to Defendant Shahin Khajavi (“Tenant”). However, Khajavi does not live on the Property; instead, the Property is occupied by his ex- wife (Nazgol Hemmatian) and his son. Landlord claims Khajavi has failed to pay rent due on the lease. Plaintiff filed a request to enter default judgment which was rejected by the Clerk's Office on October 24, 2023 due to a lack of signat...

Excerpt: ...llowing causes of action: (1) breach of the implied covenant of good faith and fair dealing, (2) tortious interference with contract, and (3) extortion. On February 1, 2024, the court granted Defendant's motion for summary judgment. On February 23, 2024, Defendant filed a memorandum of costs. On March 1, 2024, Plaintiff filed this motion to tax costs. LEGAL STANDARD The prevailing party is entitled to recover costs, including attorneys' fees, as ...

Excerpt: ... and punitive damages to allow for supplemental briefings. Special Damages (Emotional Damages) Generally, absent physical injury, a cause of action for negligence based on property damage cannot give rise to an award of special damages for emotional distress. Lili Butler-Rupp, et al. v. Lourdeaux (2005) 134 Cal.App.4th 1220, 1228. Emotional distress damages are available when a plaintiff alleges trespass to chattels based on intentional injury to...

Excerpt: ...ages allegations against Defendant Garfield Beach CVS, LLC, erroneously sued and served as CVS Pharmacy, Inc. (CVS) from Plaintiffs' Estate of Anita Y. Raphael, through its personal representative Joseph Rogoff, Charlott e Marion Raphael, individually, through her conservator Joseph Rogoff (collectively, Plaintiffs) complaint. Specifically, CVS seeks to strike the following portions of Plaintiffs' complaint: (1) “punitive damages” at p.3, ¶1...

Excerpt: ...February 5, 2024, Plaintiffs filed a First Amended Complaint, asserting causes of action against Snehal Raj Bhakta (S. Bhakta”), Raj Bhakta (“R. Bhakta”), Jose Alfredo Vargas -Nunez (“Vargas -Nunez”) and Does 1 -50 for: 1. Negligence 2. Statutory Liability A Case Management Conference is set for April 30, 2024. Legal Standard Pursuant to Code of Civil Procedure section 436, “the court may, upon a motion made pursuant to Section 435, o...

Excerpt: ...orm Interrogatories, Set One. Plaintiff must serve complete and verified responses, without objection, to Defendants' Request for Production and Identification of Documents, Set One, Special Interrogatories, Set One, and Form Interrogatories, Set One, and produce all responsive documents, within 20 days of the Court's order. The Court GRANTS Defendants' requests for monetary sanctions in the reduced amount of $684.95. Plaintiff and her counsel of...