Excerpt: ...and discrimination in violation of the Fair Employment and Housing Act (“FEHA”). On December 20, 2023, by request of Plaintiff, the Clerk's Office dismissed without prejudice the first cause of action for harassment from the Complaint. From January 23 to 29, 2024, the Court held a jury trial in this matter. The Jury found in favor of Plaintiff and against Defendant on the sole cause of action for discrimination. The Jury found $700,000.00 in ...

Excerpt: ...ion. In October 2023, Defendant The Internet Auto Group, Inc. (IAG) advertised a 2021 Polestar 2 Launch Edition for sale online at a price of $31,930. Plaintiff Adam Dolce saw the advertisement for the vehicle and visited IAG . At IAG, a representative told Dolce that the cost of the vehicle would be $35,600 after sales tax, official fees, and document processing charges. After agreeing to purchase the vehicle for that price in cash, Dolce allege...

Excerpt: ...March 12, 2024, Plaintiff filed his Motion for Interlocutory Summary Judgment. In support of his Motion, Plaintiff concurrently filed: (1) Declaration of Abraham Carmona; (2) Separate Statement; (3) Proposed Order; and (4) Proof of Service. No opposition or other response has been filed to the Motion. ANALYSIS: I. Legal Standard “A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or ...

Excerpt: ...ecision. A. Statement of the Case 1. Complaint Plaintiff Bank filed the Complaint against Defendant Machado on December 19, 2023, alleging (1) claim and delivery and (2) money on a contract. The Complaint alleges in pertinent as follows. Machado entered into a written Contract in which Bank's assignor would finance the purchase of the Vehicle, which was collateral. At all relevant times, Bank has been the holder of a first priority security inter...

Excerpt: ... Coastal Pacific Food Distr ibutors, Inc. and at the time driven by its employe David Alcantar) that struck Zavala. On April 25, 2023, after multiple negotiations, Zavala's attorney, Eric S. Chun (and the Avrek Law Firm), called Travelers and said that Zavala accepted Travelers' $415,000 offer. (Complaint p. 4.) Later, however, Chun stated he essentially made a mistake and would need to “undo” the settlement. [1] Travelers denied the request,...

Excerpt: ... “Gibson”) is an artist. Defendant Jason Derulo (“Derulo”) is a musical artist signed with major record label Atlantic Recording Corporation (“Atlantic”). Derulo also owns the record label Future History, Inc. (“Future History”). In or around August of 2021, Derulo contacted Gibson about an opportunity to become a successful musician. Thereafter, Gibson entered into agreements with Derulo, Atlantic, and Future History for the purp...

Excerpt: ...tion, the underlying case settled. Defendant apparentl y submitted a lien on the underlying action, and seeks collection of certain fees and costs from the settlement. Plaintiff seeks to challenge the recovery, or at least the amount of recovery. On January 4, 2024, Plaintiff filed a complaint for Declaratory Relief. RULING: Overruled. 1st Cause of Action: Declaratory Relief Defendant O'Neil & Matusek challenge the declaratory relief claim on gro...

Excerpt: ...laint”) of Plaintiff Doe (“Doe”) (“Plaintiff”). (Notice Demurrer, pg. 1 . ) Meet and Confer Before filing a demurrer, the demurring party must meet and confer in person, by telephone, or by video conference with the party who filed the pleading to attempt to reach an agreement that would resolve the objections to the pleading and obviate the need for filing the demurrer. (C.C.P. §430.41(a).) Defendant's counsel filed a declaration stat...

Excerpt: ...F REQUESTED Defendant demurrers to Plaintiff's complaint. BACKGROUND This case arises out of Plaintiff John Doe's (“Plaintiff”) claim that he was the victim of childhood sexual assault during 1972 and 1973. Plaintiff filed this complaint pursuant to Code of Civil Procedure section 340.1 on July 29, 2022. TENTATIVE RULING Defendant's demurrer to Plaintiff's complaint is OVERRULED. LEGAL STANDARD A general demurrer may be taken to a complaint w...

Excerpt: ...), Slavko Ivanci c (Slavko), Gerald Fitzgerald and Susan Fitzgerald on September 7, 2000 (LASC Case No. BC236431). The initial action was voluntarily dismissed in 2002. Plaintiff refiled the action on July 17, 2018 against John and Slavko. On September 6, 2018, Slavko filed his Answer, along with his Cross -Complaint against Gerald and Susan Fitzgerald. Slavko died on November 13, 2018. Slavko's estate was substituted in a s a defendant on July 2...

Excerpt: ...ng Agency initiative to provide affordable housing to middle income residents. The parties cooperated between June of 2000 and October of 2001 regarding the venture, communicating regularly, identifying properties to include in the program, working through municipal requirements, identifying bond financing, and setting up a $5 millio n line of credit. Defendants continued to make representations to Plaintiff concerning the ongoing efforts to secu...

Excerpt: ...ed to Andrew S. Faith, (“Decedent”), Michec and Emmanuel's father and Faith's former spouse. Defendant failed to pay the debt and now owes $273,000. II. ARGUMENTS Defendant argues that Plaintiff Faith lacks standing to pursue a debt owed to decedent based on a claim for open book account. Plaintiff has not stated a claim on behalf of the estate nor has she been appointed as a representative of the decedent's estate. Plaintiff did not attach t...

Excerpt: ...ng tentative decision. A. Statement of the Case 1. The Petition On September 25, 2023, Petitioners Smatas and Lintz filed the verified Petition against Respondents City, Los Angeles Department of Building and Safety (“LADBS”), and the Board of Building and Safety Commissioners (“BBSC”). The Petition names Tanager and Berserker LLC (“Beserker”) as Real Parties-in -Interest and alleges claims for mandamus and declaratory relief. The Pet...

Excerpt: ...dants Skylark Capital Management, LLC, Zachary Vella, and Vella Group, LLC Demurrer to the 1 st –10 th and 12 th–15 th causes of actions in Cross -Complainant Tree Lane LLC's Cross - Complaint, without motion to strike is OVERRULED. Cross -Complainant Tree Lane, LLC sufficiently pleads all the elements of the 1 st –10 th and 12 th–15 th causes of actions as to Cross -Defendants Skylark Capital Management, LLC, Zachary Vella, and Vella Gro...

Excerpt: ...Complaint is sustained. The grounds for sustaining the demurrer support a complete stay of the action for reasons noted below. PNC Bank, N.A.'s Motion to Strike Portions of First Amended Complaint is moot. Background Plaintiff's Complaint was filed on March 17, 2023. Plaintiff's First Amended Complaint was filed on April 20, 2023. Plaintiff alleges the following facts. Plaintiff Zula Tucker Living Trust Dated September 15, 2006, Fred Tucker, Trus...

Excerpt: ...d. • 06/08/22: First Amended Complaint filed. • 07/08/22: Cross-Complaint filed. • 10/23/23: Second Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for fraud and breach of contract arising out of a commercial lease dispute. Defendants demur to the Second Amended Complaint and move to strike portions of the Complaint. TENTATIVE RULING: Defendants' Demurrer to the Second Amended Complaint is OVERRULE...

Excerpt: ... filed this action against Defendants, Mercedes -Benz, USA LLC and Keyes European LLC, for violations of the Song- Beverly Consumer Warranty Act. On October 27, 2021, the court granted Defendants' motion to compel arbitration. The case was stayed pending binding arbitration. On July 11, 2023, the parties settled the case. Defendants stipulated that Plaintiffs would be the prevailing party for the purposes of seeking attorney's fees and costs by m...

Excerpt: ...Creditor filed the instant Motion for Assignment Order on June 21, 2023. The Motion came for hearing on September 14, 2023 and was continued for further briefing. (Min. Order, 09/14/23.) Judgment Creditor filed a supplemental declaration on Octobe r 16, 2023. The Motion was originally set for hearing on November 9, 2023 and continued with notice to November 27, 2023. (Min. Order, 11/09/23.) The hearing on December 6, 2023, the Court again continu...

Excerpt: ...lifornia demur against the third cause of action in Plaintiff's first amended complaint (“FAC”). Defendant Henry Mayo Newhall Memorial Hospital demurs against the entire FAC. TENTATIVE RULING: Both demurrers are sustained with 30 days leave to amend. The Plaintiff's late filed opposition was not considered. BACKGROUND This is a medical malpractice action in which Plaintiff alleges that on 4/26/22, during a colectomy procedure, his doctor, Def...

Excerpt: ...h her Guardian ad Litem, Melvy Cardona; Michael Carbajal, a minor by and through his Guardian ad Litem, Melvy Cardona, Bella Rodriguez, a minor by and through her Guardian ad Litem, Melvy Cardona, Chanel Carbajal, a minor by and through her Guardian ad Litem, Melvy Cardona; and Mason Cardona, a minor by and through his Guardian ad Litem, Melvy Cardona filed a complaint against SFV Portfolio – 14732 Blythe Owner, LP and 14732 Blythe Associates, ...

Excerpt: ...murrer is sustained with leave to amend; motion to strike granted SUMMARY OF ACTION On March 13, 2022, Plaintiff Jacob Alvarado (Plaintiff) purchased a new 2022 Honda Insight. (Comp., ¶ 8.) Plaintiff received a New Vehicle Limited Warranty in connection with the purchase of the vehicle from Defendant American Honda Motor Co., Inc. (Defendant). (Comp., ¶ 9.) Plaintiff alleges that the vehicle was equipped with a defective computerized driver -as...

Excerpt: ...TY DAYS LEAVE TO AEMND as to each of the causes of action in the complaint. The motion to strike is GRANTED WITH TWENTY DAYS LEAVE TO AMEND as to the prayer for punitive damages. BACKGROUND On October 17, 2023, plaintiff Lillian Smith Sr. (self -represented) filed a complaint against Danny Reyes, in his individual capacity. The Court has been asked by Defendant to take judicial notice of an action styled Lillian Smith Sr. v. Danny Reyes, Case No....

Excerpt: ...3. San Van alleges that the purchase included the business defendants ran at the property, defendants' Industrial Hemp Cultivation License and three separate APNs: 23348030005, 23348029003, 23348005003. It is alleged that Defendants retained Plaintiff's initial deposit of $700,000 after the purchase fell apart. The complaint contains ten causes of action: (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (...

Excerpt: ...ormance; (2) breach of contract; (3) bad faith waste; (4) fraud – intentional misrepresentation; (5) negligent misrepresentation; (6) tortious interference with contract, prospective business advantage; (7) breach of implied covenant of good faith & fair dealing; and (8) declaratory relief against Defendants DH Distribution, Inc. (“DH”); Sergey Menshikov (“Sergey”), Beverly Hi lls Escrow (“BHE”), Lucy Menshikova (“Lucy”), and La...

Excerpt: ...emises suffered a sewer back-up incident causing excessive damages. Plaintiff also alleges the Association acted in bad faith by promulgating proposed rule changes h armful to Plaintiff and in violation of applicable laws. Plaintiff asserts claims against 4220 Bellflower, Inc., the association's president, and the property manager for (1) negligence, (2) violation of Davis-Stirling Common Interest Development Act, (3) Violation of CC&Rs, (4) inte...

Excerpt: ...ancisco Sibrian and Los Angeles Unified School District for 1. Negligence 2. Negligent Entrustment 3. Neligent Hiring 4. Vicarious Liability 5. Violation of Vehicle Code 17001. Plaintiff alleges on October 1, 2021, Plaintiff Gawy was driving his vehicle traveling on the roadway when Defendant Sibrian was driving an agricultural vehicle and unsafely and negligently crashed into Plaintiff at or near Tampa and Vanowen. Plaintiff alleges Defendant fa...

Excerpt: ...trustee of the Amir H. Rad Trust dated March 10, 2018 RESPONDING PARTIES: Plaintiffs and cross- defendants Siamak Rezvani and SAP Construction Enterprises, Inc. Motion to Bifurcate Trial on Issue of Licensure The court considered the moving, opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court rules on defendant A mir Rad, individually and as trustee of the Amir H. Rad Trust dated March 10, 2018's ev...

Excerpt: ...der Compelling the Deposition of Dr. Gary Godorov Moving Party : Plaintiff Jawchyi C. Lee Resp. Party: Defendant Southern California Permanente Medical Group The hearing on the Motion to Bifurcate is ADVANCED from April 17, 2024 to April 15, 2024. The Motion to Bifurcate is GRANTED. Issues of punitive damages and Defendant's financial condition are BIFURCATED from the initial trial in this matter until such time that the trier of fact returns a v...

Excerpt: ...Dated December 27, 2018; Isako Nam and Emi Nam, Co -Trustees of the Frank H.C. Nam Family Trust Dated December 27, 2018 filed the Complaint on August 26, 2022. Plaintiffs alleg e the following facts. Plaintiffs own real property located at 1019 Manhattan Beach Blvd., Manhattan Beach, CA, 90266. In 2014, Defendant Manhattan House, L.P. entered into a lease for the premises. In 2015, Defendants Adam Hersh and David Topkins signed a guaranty of leas...

Excerpt: ...roperty, Defendant Gwendolyn Keene, continues to reside at the Covina property. On November 8, 2023, Fleet Capital served Keene with a three day notice to quit. Subsequently, Fleet Capital alleges Keene failed to vacate the Covina property. On November 30, 2023, Fleet Capital filed a complaint against Keene; all unknown occupants, tenants, and subtenants, and Does 1 -10, alleging a cause of action for unlawful detainer. On February 27, 2024, Flee...

Excerpt: ...t. I. Background A. Pleadings Plaintiffs Rene Hernandez and Maria Velasquez sue Sierra LA CDJR LLC dba Los Angeles Chrysler Dodge Jeep Ram (Sierra LA), FCA US LLC (FCA), and Does 1 through 10 pursuant to A December 6, 2022, Complaint alleging claims of (1) Violation of Song -Beverly Act – Breach of Express Warranty against FCA and (2) Negligent Repair against Sierra LA. The claims arise from the following allegations. On February 6, 2021, Plain...

Excerpt: ...ent owed under a lease with non-party HYUNDAE CAR WASH, INC. The cause of action is Breach of a Personal Guaranty. Plaintiffs bring a motion requesting the Court impose terminating or evidentiary sanctions, and $2,760.00 in monetary sanctions, because Defendants did not comply with the Court's 2/7/24 order compelling responses to Plaintiffs' form interrogatories. Defen dants oppose the motion. LEGAL STANDARD Ultimate discovery sanctions are justi...

Excerpt: ...e, electrical, emission, structural, and transmission system defects, which caused dangerous driving conditions. The causes of action are: 1. Violation of Song-Beverly Act - Breach of Express Warranty; 2. Violation of Song- Beverly Act - Breach of Implied Warranty; 3. Violation of The Song- Beverly Act Section 1793.2; and 4. Negligent Repair. Defendants moved to compel arbitration based on the arbitration clause in the clause in the Retail Instal...

Excerpt: ...ve order is granted. SUMMARY OF ACTION This action arises out of the care and treatment of Plaintiff Richard Leyva (Plaintiff) at Defendant Sylmar Health and Rehabilitation Center, Inc.'s (Defendant) 24 -hour nursing facility. Plaintiff has alleged causes of action related to elder abuse and neg ligence. Plaintiff alleges that Defendant and the owner of the facility failed to protect him from multiple falls, the final of which resulted in a traum...

Excerpt: ...; KAYLA S. JAGODA, M.D., an individual; TAYLOR W. BURKHOLDER, M.D., an individual; SYLVIA HSIN -HUE YEH, M.D., an individual; MICHAEL LEESON, M.D., an individual; ANNIE LE, R.N., an individual; CASEY RODRIGUEZ, R.N., an individual; TRA CY HARADA, R.N., an individual; STEPHANIE LUONG, R.N., an individual; and DOES 1 to 100, Inclusive, Defendants. Case No.: 21STCV46931 DEPARTMENT 45 TENTATIVE RULING Complaint Filed: 12/23/21 Trial Date: None set He...

Excerpt: ...April 8, 2024 RELIEF REQUESTED Defendant demurrers to Plaintiff's complaint. BACKGROUND This case arises out of Plaintiff Jane Doe K.B.'s (“Plaintiff”) claim she was the victim of childhood sexual assault and abuse between 1975 and 1977. Plaintiff filed this case on November 21, 2022 pursuant to Code of Civil Procedure section 340.1. TENTATIVE RULING Defendant's demurrer to Plaintiff's complaint is OVERRULED. LEGAL STANDARD A general demurrer...

Excerpt: ...court has set a date for trial.” (Code Civ. Proc., § 428.50(a) –(b).) A cross-complaint filed outside either of the aforementioned times requires leave of court, which may be granted “in the interest of justice at any time during the court of the action.” (Code Civ. Proc., § 428.50(c).) A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or ...

Excerpt: ... Grocery ("Mini Maro for damages arising from a motor vehicle accident that occurred on February 21, 2020. The complaint sets forth two causes of action for general negligence and motor vehicle negligence against all defendants. Mmi Mart now moves for judgment on the pleadings on the grounds that Plaintiffs complaint does not state sufficient facts to constitute a cause of action against it Plaintiff opposes the motion. Any reply was due on or be...

Excerpt: ...nd Benjamin G. Shatz, alleging: (1) professional negligence; (2) breach of implied contract; and (3) common counts. On 7/5/2023, Cross-Complainant Manatt, Phelps & Phillips, LLP filed a cross- complaint (XC) against Waring Plaza Properties, L.P., alleging: (1) breach of written contract; (2) open book account; and (3) quantum meruit; and (4) breach of implied-in- fact contract. Now, Manatt, Phelps & Phillips, LLP and Benjamin G. Shatz (collective...

Excerpt: ... 08/17/23: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination and sexual harassment action. Plaintiff alleges that she was sexually harassed and assaulted by her co -workers. Defendants Cameo Hotel Inc and Valley Active Properties, LLC demur to the first, second, and sixth causes of action in the first amended complaint and move to strike portions of the prayer for damages in the Fi...

Excerpt: ...geles, LLC's Motion to Strike Portions of Plaintiff's Complaint is deemed MOOT . BACKGROUN D On November 16, 2023, Plaintiff Roberto Lopez filed a complaint against Defendant Aurora Charter Oak – Los Angeles, LLC (Aurora), alleging general negligence, medical negligence, and intentional torts . On December 4, 2023, Aurora filed the present demurrer and motion to strike. Prior to filing, Aurora's counsel attempted to meet and confer by sending a...

Excerpt: ...omplaint against Defendant, Cristina Ricalday, and DOES 1 through 100. On January 4, 2 024, Plaintiffs filed a First Amended Complaint (“FAC”) alleging causes of action for: (1) Breach of Contract; (2) Misappropriation of Trade Secrets; (3) Intentional Interference with Contractual Relations; (4) Intentional Interference with Prospective Economic Advantage; (5) Negligent Interference with Prospective Economic Advantage; and (6) Unfair Busines...

Excerpt: ...ED. Plaintiff Shelly Hart's Request for Judicial Notice is GRANTED but only as to the existence of the documents and not as to hearsay and facts in dispute. Introduction Plaintiff Shelly Hart (Plaintiff) demurred to Defendants LPF Triana LLC (converted from LPF Triana, Inc. (Triana Inc.)) (Triana LLC), LaSalle Investment Management, Inc. (LIMI), and Kyle Dupree's (Dupree) (collectively, Defendants) Verified Amended Answer (Answer) filed on Octobe...

Excerpt: ...Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a lemon law action filed on July 24, 2023. Plaintiffs purchased a 2020 Ford Explorer equipped with a 10R60 transmission system which they allege has a series of known defects causing hesitation, shuddering, and shifting issues. Defendants demur to the fifth cause of action for fraudulent concealment and the sixth cause of action for negligent repair. TENTATIVE RULING: Defend...

Excerpt: ...R Shoes) pursuant to a September 18, 2023, Complaint alleging claims of (1) Violations of the California Invasion of Privacy Act (Cal. Penal Code § 631) and (2) Violations of the California Invasion of Privacy Act (Cal. Penal Code § 632.7). The claims arise from the following allegations. RR Shoes secretly enables and allows a third - party spyware company (Freshworks) to eavesdrop on the private conversations of everyone who communicates throu...

Excerpt: ...Civil Code Section 1793.2 2. Violation Of Subdivision (B) Of Civil Code Section 1793.2 3. Violation Of Subdivision (A)(3) Of Civil Code Section 1793.2 4. Breach Of The Implied Warranty Of Merchantability (Civ. Code, § 1791.1; § 1794; § 1795.5) 5. Negligent Repair 6. Fraudulent Inducement - Concealment On February 23, 2024, Defendants filed the instant demurrer. On April 2, 2024, Plaintiff filed his opposition. On April 8, 2024, Defendants file...

Excerpt: ...��We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its p arts in their context.” ( Id . at p. 318; see also Hahn. v. Mirda (2007) 147 Cal.App.4th 740, 747 [“A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only w...

Excerpt: ...Defendant Healthcare Financial Solutions LLC is ordered to deliver copies of the documents identified in Attachment 3 to the subpoena (Request Nos. 1 -17) served on Healthcare Financial Solutions LLC on August 3, 2023, along with an affidavit in compliance with Evidence Code section 1561, to the deposition officer specified in the subpoena within 10 business days, at Plaintiff 's expense. Plaintiff's request for monetary sanctions against Defenda...

Excerpt: ...hout having served a valid objection under Section 2025.410.” (CCP § 2025.450(a).) First American moves for a protective order prohibiting plaintiff from deposing Wardle. A party or deponent may move for a protective order “that justice requires to protect” him or her “from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (CCP § 2025.420(b).) Generally, “the burden is on the party seeking the protec...

Excerpt: ...on January 28, 2022. Guerrero and S&G (collectively, “Defendants”) filed their answer on March 30, 2022. Plaintiff served a notice on July 13, 2023, for the deposition of S&G, and then subsequently served a First Amended Notice, a Second Amended Notice, and eventually a Third Amended Notice. (Dembowski Decl., ¶¶ 4-7 & Exhs. A -D.) In the Third Amended Notice, Plaintiff identifies six topics of examination and includes six document requests....

Excerpt: ...nst Defendant Hay Tanning on a cause of action for harassment. On September 14, 2023, the Court: (1) granted Specially - Appearing Defendant's motion to quash service; and (2) quashed Plaintiff's service of summons. On March 11, 2024, Plaintiff filed Judicial Council Form POS -010, Proof of Service of Summons. On March 21, 2024, Specially-Appearing Defendant filed his Motion to Quash Service (“Second Motion to Quash”). In support of his Secon...

Excerpt: ..., 2023, Kasra Shayan aka Sina Masoumi (“Plaintiff”) filed the operative Complaint against Ahmadreza Rastegarrazi (“Rastegarrazi”), Mehre Iran Today (“Mehre”), Ahmadreza Rastegarrazi, Dani Gonzalez, and Optima Financial Ventures Inc. (“Optima”), asserting four causes of action for: (1) Breach of Contract; (2) Fraud; (3) Misrepresentation; (4) Negligent Misrepresentation; and (5) Unjust Enrichment. On November 29, 2023, Plaintiff fi...

Excerpt: ...roup, a Nevada Limited Company (SBE), KBM Holdco, LTD., a British Virgin Island Company, and KBM Operating LTD.., a Bahamas Company for Breach of Oral Contract, Breach Of Implied - In fact Contract, Breach of Written Contract, Unjust Enrichment, Money Had And Received, Accounting, and Declaratory Relief. On January 16, 201`9, the court sustained the demurrer of SBE t o the fourth cause of action without leave to amend, and the granted the motion ...

Excerpt: ... due to the COVID -19 pandemic. On August 19, 2022, Plaintiff Jane Doe filed the operative Complaint against Defendants LAUSD and Does 1 -60 for (1) childhood sexual abuse, (2) intentional infliction of emotional distress (“IIED”), (3) negligent hiring, supervision, and retention, (4) fai lure to report suspected child abuse, (5) negligent supervision of a minor, and (6) negligence. Plaintiff alleges that when she was a minor attending middle...

Excerpt: ...e exclusively regulated by the FDA, not the states or private enforcers. In opposition, Defendants argue that the motion misstates their position: Instead, they are arguing that the Prop 65 warnings are compelled speech in violation of the First Amendment and that Prop 65 conflicts with federal law which preempts it. This motion was filed October 25, 2022. The opposition was filed November 3, 2022. On December 5, 2022, Judge Beaudet granted the m...

Excerpt: ...RUCTION CORP. (“Burner Construction”), BENJAMIN THOMAS CALHOUN (“Calhoun”), an individual, JON WILLIAM HOSEA, an individual, and DOES 1 THROUGH 50, Inclusive, (collectively, “Defendants” and/or “Defendant”): Defendants were recklessly driving and caused a collision with Plaintiffs' vehicle. Defendants were “h igh-beaming” and overtaking one another when they lost control of their vehicles and caused the crash. On July 7, 2021,...

Excerpt: ...ha Bain, and Raydell Latrent Patterson (collectively “Plaintiffs”) filed a breach of habitability action against Defendants 5505 Ackerfield Apts LLC (“Ackerfield”), AJJ2020 LLC (“AJJ20202”), Masuda Investments LLC (“Masuda”), asserting four causes of action for (1) Failure to Provide Habitable Dwelling, (2) Breach of the Covenant and Right to Quiet Enjoyment and Possession of the Property, (3) Nuisance, and (4) Negligence. On Nove...

Excerpt: ...s to the prayer for relief for punitive damages, and GRANTED WITH LEAVE TO AMEND as to Paragraphs 31 and 38 of the complaint. BACKGROUND On January 5, 2024, plaintiff Julia Marie Farris (“Plaintiff”) filed a complaint against defendants Chung Hwang, individually and as trustee of the Hwang Family Trust, Candice Avila, Wense F. Hwang, individually and as trustee of the Hwange Family Trust, and Pinnacle Property Management (collectively, “Def...

Excerpt: ... Hearing Date: 4/15/24 Trial Date: N/A [TENTATIVE] RULING RE: Defendants Rafael Davila Madrigal and Alicia Brisila Davila's Motion to Set Aside/Vacate Judgment and Stay Writ of Execution and Request for Court Order to Set a New Hearing Date. I. Background A. Pleadings, Judgment, and Writ of Possession On September 19, 2023, Plaintiff Union Mutualista de San Jose (Union Mutualista) initiated this unlawful detainer (UD) action against Union Mutuali...

Excerpt: ...laintiff filed the operative First Amended Complaint (“FAC”), alleging causes of action for (1) failure to pay overtime wages, (2) failure to pay terminated or quitting employee, (3) unfair business practices, (4) failure to pay expe nse reimbursement. On October 3, 2023, Plaintiff filed an Amendment to Complaint substituting Tobi Sackheim for “Doe 1.” On January 23, 2024, default was entered against Tobi Sackheim. Tobi Sackheim now moves...

Excerpt: ...ty: None. Motion to Seal The Court considered the moving papers. No opposition has been filed. 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) Breac h of Contract and (2) Common Count in Quantum Meruit. On December 13, 202...

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: ...ard issued on January 12, 2024. (Pet, ¶ 8(a); Attachment 8(c). No opposition to the petition was filed.¿ Discussion “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondents all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” (Code Civ. Proc., § 1285 .) “A petition under this ...

Excerpt: ...ed,” asserts 50 causes of action against Defendant Kohls Department Stores, Inc., and various other Defendants. Defendants Kohl's, Inc., Michelle D. Gass, Louis Bellassai, and Le Dabney now move to quash service of the summons and complaint. Plaintiff opposed. TENTATIVE RULING Specially-Appearing Defendants' Motion to Quash Service is GRANTED. Specially-Appearing Defendants' Motion to Dismiss Under CCP §§ 583.410 and 583.420 is DENIED WITHOUT...

Excerpt: ...tiffs”) filed this action against defendant Anthony Dwain Stanford (“Defendant”) for damages arising out of a motor vehicle accident. Defendant now moves for an order for leave to conduct a neuropsychological examination of Plaintiff Marena with George K. Henry, Ph.D./ABPP -CN (“Dr. Henry”) at 11601 Wilshire Blvd., 5th floor, Los Angeles, California 90025. Defendant avers that the parties do not dispute that Plaintiff Marena has placed ...

Excerpt: ...position, and reply papers. RULING The motion is DENIED WITHOUT PREJUDICE. BACKGROUND On December 22, 2022, plaintiff Cynthia A. Blanks, as trustee of The Cynthia A. Blanks Revocable Trust #2 and as trustee of The Seanjay Ramanand Sharma Revocable Trust filed a complaint against Devanand Sharma aka Frank Martini (and nominal defendants 4200 West Century Associates, 4229 West 101 st Street Associates, and 4223 Associates) for (1) declaratory relie...

Excerpt: ...aw action filed on May 31, 2023. Plaintiff purchased a 2020 Honda Odyssey which developed defects in numerous core systems. Plaintiff moves to compel further responses to requests for production (set one) propounded to Defendant. TENTATIVE RULING: Plaintiff's Motion to Compel Further Responses to Requests for Production is GRANTED. Defendant is ordered to produce verified, code -compliant responses without objections to the requests as propounded...

Excerpt: ...ndon (“Plaintiff”) The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiff filed the Complaint in this action against Defendant on April 4, 2023 for violations of the Unruh Civil Rights Act. The Complaint alleges in relevant part that Defendant denies blind individuals equal enjoyment of and access to the products, serv ices, privileges, advantages, and accommodations and information made available through its w...

Excerpt: ...t one, on plaintiff Saeid Saghian (“Plaintiff”) on December 18, 2023. After receiving no responses, defense counsel sent email correspondence request ing responses on or before January 31, 2024. Plaintiff has failed to serve responses to date. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Any opposition was due on or before April 2, 2024; the motion i...

Excerpt: ... Civ. Proc. § 2031.010, subd. (a).) The responding party must respond to the production demand either by complying, by representing that the party lacks the ability to comply, or by objecting to the demand. (Code Civ. Proc., § 2031.210.) The demanding party may move for an order compelling further response to the demand if the demanding party deems that (1) a statement of compliance with the demand is incomplete, (2) a representation of inabili...

Excerpt: ... Authority (“LAHSA”), State of California (“State”), Sportsmen's L odge Owner, LLC (“Owner”), Midwood Management Corp. (”Management”), and Does 1 through 100, asserting causes of action for negligence, violation of Government Code sections 815.2(a) and 820(a), and dangerous condition of public property, arising out of a slip and fall incident on March 15, 2021. County filed its answer on July 7, 2022. Owner and Management filed th...

Excerpt: ...ud claim. Clark alleges that the Reibers misrepresented that the financials had been prepared in accordance with Generally Accepted Accounting Principles (GAAP), that the financials were accurate, that Accounts Receivable (AR) was accurate, and that the financials supported the belief that there was a positive cash flow and the company would not require additional capital investment by Clark. These misrepresentations are alleged to have caused Cl...

Excerpt: ...Angeles, erroneously sued as Los Angeles County Sheriff's Department, filed an answer to the complaint. On June 20, 2023, Defendant Reta filed an answer to the complaint. On March 4, 2024, Plaintiff filed this motion to continue trial. On March 19, 2024, Plaintiffs Dalton and Lee filed an amended motion. Defendants Los Angeles County Sheriff's Department and Ricardo Reta (collectively “Defendants”) filed an opposition on Ap ril 2, 2024. Legal...

Excerpt: ... received. The court GRANTS defendant's motion to deem admitted Requests for Admission (Set One). The court deems admitted the truth of the matters set forth in Requests for Admissions (Set One) to plaintiff Armani Marsalis Gates I. The court GRANTS defendant's request for monetary sanctions against plaintiff Armani Marsalis Gates I in the reduced amount of $540.00. The court orders plaintiff Armani Marsalis Gates I to pay $540.00 to defendant Le...

Excerpt: ...r BD555455. Specifically, the Complaint seeks a court order requiring Defendant Roberto Coca Limon (Defendant) to perform on the family law judgment – which requires that the real property located at 3234 Adriatic Avene, Long Beach, CA, 90810 (Property) be either refinanced or sold (in which case, Defendant is to pay half the proceeds of the sale of the Property to Plaintiff Emelia Mercado). On March 10, 2020, a Notice of Lis Pendens with this ...

Excerpt: ... America, Inc's (“Defendant”\ or “SOA”), Motion for Summary Judgment (“MSJ”), and grant\ ing leave to file an Opposition to the MSJ. Plaintiff's Motion is made pursuant to California Code of Civil Procedure, section 473, subdivision (b) on the grounds that due to a clerical oversight and excusable neglect in Plaintiff's counsel's office's calendaring department, Plaintiff failed to file an Opposition to SOA's MSJ. (Declaration of Luis...

Excerpt: ...IATES'S MOTION TO ENFORCE THE SETTLEMENT AGREEMENT Background On January 14, 2021, plaintiff National Commercial Recovery, Inc., a California corporation d/b/a Blair Smith and Associates (“Plaintiff”) filed the action against defendants Jem Logistics Services Ltd, Inc., a California corporation; Jem Logistics Services Transport, a California corporation; Julie Maske a/k/a Julie Michelle Maske a/k/a Julie Georgescu, an individual; Nicolas Geor...

Excerpt: ...ourt 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: Bill Flore...

Excerpt: ...d quash writs of execution and abstracts of judgment and return of funds levied; and dismiss the action RULING : Motion is denied. SUMMARY OF ACTION This is a breach of contract case filed on August 26, 2020. Default judgment was entered against Defendants Guy Vaughn (Vaughn) and Sunset Pools Custom Design, Inc., on November 25, 2020. Vaughn claims that he did not become aware of the judgment against h im until he applied for a home loan in Septe...

Excerpt: ...: Defendants Markos Vivian and Asia Top City Ltd.'s Motion to Quash for Lack of Personal Jurisdiction is denied. Defendants Vivian and ATC are to file an Answer within 10 days. The Court continues the Case Management Conference to May 2, 2024, at 8:30 a.m. Defendants to give notice. BACKGROUND On January 11, 2023, Zahem Al Zahem; the Estate of Subheyah Al Muqahwi by and through administrator Ahmad Yousif Alomani; Fahad Al Omani; Mossaffa LLC; Abd...

Excerpt: ...3: Complaint filed. • 12/28/23: Cross-Complaint filed by Lowe's Home Centers, LLC • 12/29/23: Cross-Complaint filed by Jacobe Enterprises, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort action alleging that Plaintiff Montoya -Bautista developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Specially A...

Excerpt: ...efendant is indebted to Plaintiff in the amount of $69,183.21 for failure to make payments on a credit account. On August 21, 2023, this court granted Defendant's motion to set aside his default, and on September 13, 2023, amended the order to require that Plaintiff properly re- serve the Defendant as provided by law. Defendant now moves to quash service of the summons and complaint. Plaintiff opposed. TENTATIVE RULING Defendant's Motion to Quash...

Excerpt: ...“Dang”), State of California, California State University, California State University of Northridge, CSU- Northridge, and Does 1 to 50 for damages arising from an automobile collision. Trial is currently set for May 23, 2024. Plaintiff now moves to reopen discovery for the limited purpose of conducting defendant Dang's deposition. Defendants Board of Trustees of the California State University (erroneously sued as “State of California, Cal...

Excerpt: ... are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. This is an action in which Plaintiffs Travelers Commercial Insurance Company and Consumers County Mutual Insurance Company allege that “Defendant West Hollywood Collision Center (“WHCC”) (and, by extension, the other defendants, who Travelers alleges are a lter egos and successor corporations of one another) had engaged in improper condu...

Excerpt: ... for a commercial property. On September 14, 2023, and October 6, 2023, the clerk entered the defaults of Defendants Dumlao and Bernardo, respectively. Defendants now move to set aside the defaults pursuant to the discretionary provision of CCP § 473(b). Plaintiff opposed. TENTATIVE RULING: Defendants' Motion to Set Aside the Defaults is GRANTED. Defendants are to file and serve, as a stand-alone pleading, the proposed Answer contained in Exhibi...

Excerpt: ...aintiff alleges that she hired Defendant Mickey Lynn McClinton (“Defendant”) on October 1, 2021, to construct two accessory dwelling units and legalize an already -built ADU on the property. Plaintiff alleges that the total price of the project was $1,200,000. Plaintiff alleges that Defendant demanded $575,000 to pay for permits and materials and that he represented himself as a highly experienced contractor. Plaintiff alleges that Defendant ...

Excerpt: ...ath.” (Code Civ. Proc., § 2030.010(a).) If a propounding party is not satisfied with the response served by a responding part y, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., § 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) The propounding party must demonstrate that the responses were incomplete, inadequate or evasive, or that the ...

Excerpt: ...n California Edison Company on causes of action arising from the Parties' contract and contractual relations. On March 8, 2024, Defendant filed its Demurrer and its Motion to Strike. Defendant concurrently filed: (1) Request for Judicial Notice; (2) Declaration of Julia A. Mosel (in support of the Demurrer); (3) Declaration of Julia A. Mosel (in support of the Mot ion to Strike); (4) Proposed Order (for Demurrer); and (5) Proposed Order (for Moti...

Excerpt: ... action for ejectment, breach of lease, and injunctive relief. On February 2, 2024, by request of Plaintiff, the Clerk's Office dismissed without prejudice Defendant Steve Chang from the Complaint. On February 15, 2024, by request of Plaintiff, the Clerk's Office dismissed without prejudice the entire Complaint. On February 16, 2024, Defendant Steve Chang filed Judicial Council Form MC -010, Memorandum of Costs (Summary) (“Chang Memorandum”)....

Excerpt: ...rgument 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. ANALYSIS: Mercury Insurance Company (...

Excerpt: ...tered into a written contract on March 16, 2022 with Defendants Torqqe Performance, LLC (“Torqqe”) and Earl Smith (“Smith”). Plaintiff alleges that Torqqe breached the agreement on November 2, 2022 by failing to remit further payment to Plaintiff under the loan and that Smith breached the agreement by failing to cure the breach of his personal guaranty. Plaintiff alleges that it has suffered $39,947.26 in damages. The complaint, filed May...

Excerpt: ...and Joe Ann Waldon entered into a written lease agreement whereby Defendants agreed to lease the premises located at 12246 Moorpark Street, Apt. 106Tin Studio City from Plaintiff. The lease term was for 9 months, such that the lease expired on July 31, 2020. Per the latest rent increase, the current rent is alleged to be $3,529 per month, effective April 1, 2022. Plaintiff alleges that on September 7, 2021, Plaintiff served Defendants with a 15 -...

Excerpt: ...F REQUESTED: Orders compelling each Plaintiff 's further responses to Defendants' Special Interrogatories, Set One, Interrogatory No. 11, within 20 days. Defendants further request monetary sanctions to be imposed against Plaintiffs and their counsel in the total amount of $1,560.80 . TENTATIVE RULING: The motions are denied. The Court imposes $200.00 in monetary sanctions against Defendants and/or their counsel . BACKGROUN D This is a personal i...

Excerpt: ...GROUND This is a breach of contract case. Petitioner Eden Reforestration Projects (“Eden”) entered into an agreement with Respondent Aspiration Partners Inc. (“Aspiration”) whereby Aspiration would pay Eden $16 million to plant 5 billion trees over a 20 year period i n developing countries. Aspiration entered into a separate contract with Eden's wholly owned subsidiary, Petitioner Compassionate Carbon, requiring Compassionate Carbon to de...

Excerpt: ...s for an improper purpose including harassment, causing unnecessary delay, and needlessly increa sing the cost of litigation, and on the basis that leave to intervene was falsely requested by Superior Life Finance and its counsel as a way of inserting Superior Life into the case for the purposes of delay and harassment, including filing an appeal (which it did as an intervenor) and attempt to stay the action. Among other things, Superior Life was...

Excerpt: ...llows: Davien Long was driving on or about June 23, 2022, when he was pulled over by Los Angeles County Sheriff deputies. One of the deputies, Deputy Blake Runge, “reached into the car through the window, opened the door, grabbed Mr. Long's left arm and twisted it.” Both deputies then dragged him out of the car and put him on the ground. Kamryn Long, who was present, attempted to ascertain why her husband had been stopped. In response, the de...

Excerpt: .... On October 12, 20 23, default was entered against Defendant. On March 4, 2024, Plaintiff filed a request for entry of default judgment.[1] LEGAL STANDARD Code of Civil Procedure section 585 permits entry of a default judgment after a party has failed to timely respond or appear. (Code Civ. Proc., § 585.) A party seeking judgment on the default by the court must file a Request for Court Judgment, and: (1) a brief summary of the case; (2) declar...

Excerpt: ...o 20, alleging causes of action for breach of contract, fraud, common count, conversion, constructive trust, restitution/unjust enrichment, and civil conspiracy. Default was entered against Gong on May 18, 2023. Default was later entered against Fu and Xu on June 23, 2023. On October 18, 2023, Plaintiff filed a request for entry of default judgment, which was denied without prejudice. On February 27, 2024, Plaintiff refiled a request for entry of...

Excerpt: ... (Plaintiff) filed this action against defendant Lemonshark, LLC (Defendant) and Does 1 to 10, alleging one cause of action for violations of the Unruh Civil Rights Act. On January 11, 2024, the Court struck Defendant's answer to the complaint and entered its default. On March 12, 2024, Plaintiff filed a request for entry of default judgment. LEGAL STANDARD Code of Civil Procedure section 585 permits entry of a default judgment after a party has ...

Excerpt: ...ears to the court appropriate under the circumstances of the case.” CCP § 583.420 provides: (a) The court may not dismiss an action pursuant to this article for delay in prosecution except after one of the following conditions has occurred: (1) Service is not made within two years after the action is commenced against the defendant. (2) The action is not brought to trial within the following times: (A) Three years after the action is commenced...