Excerpt: ...ant of Good Faith and Fair Dealing Re: Rise, Inc. · Fourth Cause of Action for Breach of the Implied Covenant of Good Faith and Fair Dealing Re: Salt Snake LLC · Fifth Cause of Action for Violations of California Business and Professions Code Re: Rise, Inc. · Sixth Cause of Action for Violations of California Business and Professions Code Re: Salt Snake, LLC RULING : Demurrer to the entire complaint is sustained without leave to amend. SUMMARY...

Excerpt: ...he loans, but Defendants were neither willing nor able to make the payments when they made the representations. On 8/31/21, Plaintiffs filed proof of service on each of the defendants. The POS documents showed service on Sandu and Phan by personal service, and on Legacy by substitute service. On 11/12/21, Plaintiffs dismissed Legacy from the action. On 11/22/21, the Clerk, at Plaintiffs' request, entered Phan's and Sandu's defaults. On 4/12/22, a...

Excerpt: ..., INC., a corporation; SYDNEY KLITTIVIT; and DOES 1 -200, inclusive, Defendants. Case No.: 23STCV05645 Hearing Date: 3/21/24 Trial Date: N/A [TENTATIVE] RULING RE: Defendant Garrett Electric's Demurrer [CRS# 3811]. Court Order I. Background A. Pleadings Plaintiff David Gastelo sues Defendants Automobile Club of Southern California, Interinsurance Exchange of the Automobile Club (Auto Club), ACSC Management Services, Inc. (ACSC), HVACi (business e...

Excerpt: ... 484.010.) The application shall be executed under oath and must include: (1) a statement showing that the attachment is sought to secure the recovery on a claim upon which an attachment may be issued; (2) a statement of the amount to be secured by the attachment; (3) a statement that the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based; (4) a statement that the applicant has no inform...

Excerpt: ...sed on violations of Health & Safety Code section 25249.6 et seq. On July 3, 2023, Defendant filed a demurrer. REQUEST FOR JUDICIAL NOTICE Defendant asks the Court to take judicial notice of several documents. Exhibit A (Complaint in this case): Denied as unnecessary because this document is already part of the case's record. Exhibit B (Final Statement of Reasons 27 CCR (formerly 22 CCR) Safe Drinking Water and Toxic Enforcement Act of 1986): Den...

Excerpt: ...laint was filed on December 10, 2020. The demurrer to the FAC was overruled. Defendant Sion Nobel answered and cross-complained on August 9, 2021; Defendant William Somana LLC answered and cross -complained on August 16, 2021. Defendant/cross- complainant Nobel filed his amended cross -complaint on March 9, 2022; Defendant/Cross -complainant William Somana filed its amended cross -complaint on May 31, 2022. The amended cross-complaints named new ...

Excerpt: ...mplaint”) of Plaintiff Circa 1200, LLC (“Circa”) (“Plaintiff”) on the grounds that the claim fails to allege facts sufficient to constitute a viable cause of action. (Notice of Demurrer, pg. 1.) Background On January 18, 2024, Plaintiff filed its operative Complaint against Defendant alleging a single cause of action for unlawful detainer arising from the termination of a written one -year term lease with Plaintiff's predecessor in inte...

Excerpt: ...lies, and renders the following tentative decision. A. Statement of the Case 1. The First Amended Petition Petitioner County filed the Petition on November 30, 2023. The operative pleading is the FAP, filed December 15, 2023, alleging erroneous application of law under (1) Penal Code sections 188 and 189, (2) Penal Code section 1170.95, and (3) the California Constitution (“Cal. Const.”) and Government Code (“Govt. Cod e”) section 17556(g...

Excerpt: ...hris Furie (“Furie”), a real estate broker, for assistance in purchasing a property located at 943 N. Laurel Avenue in Los Angeles, California. Ins tead of assisting Plaintiff with the purchase of 943 N. Laurel Avenue, Furie proposed the purchase of 944 N. Laurel Avenue in Los Angeles, California (“Subject Property”). Furie represented that he and his company, 944 Laurel, LLC (“944 Laurel”), were in the process of purchasing the prope...

Excerpt: ...rged with taking the shipment to Kansas City. However, the rig carrying the batteries was involv ed in a single vehicle accident, resulting in the vehicle over-turning and damaging the batteries. Plaintiff alleges it suffered loss in the amount of $620,199.27, as it had to pay its insured for the damage to its goods. Relevant to today's demurrer, Prestige Transportation, Inc. filed a cross -complaint against Kenneth Lee Thorp and Linda Deane Thor...

Excerpt: ...on. Furthermore, Cross-Defendants Rajesh Thakkar and Nidhi Mittal's Demurrer is OVERRULED IN PART as to Cross -Defendant Satish Mahajan's First, Third, and Fourth Causes of Action. BACKGROUND This is a contractual fraud action. In early 2022, Defendants Humble Retailers, Inc. (Humble Retailers), Satish Mahajan, Deepak Gosain, Narayan Singh, Mennu Mahajan, and Nikki Sachdeva sought to sell their liquor store in Azusa to Plaintiffs Rajesh Thakkar a...

Excerpt: ...9 against a number of defendants, including The Ancient Temple ofWmgs ("ATW"). Plaintiff filed the operative Second Amended Complaint ("SAC") on November 17, 2020, alleging ten causes of action. On August 29, 2023, Jane Doe filed a Cross-Complaintin this action against inter alia, Plaintiff. The Cross-Complaint alleges nine causes of action. As noted in the Court's Januaty 6, 2023 Order in this matter, default was entered against ATW on November ...

Excerpt: ...e court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. Cross-complainant Kiewit is ordered to file its FACC within five days. BACKGROUND On January 28, 2022, plaintiffs Emily Perez and Joe Perez filed a wrongful death and survival action complaint against City of Los Angeles, CST Industries, Inc., CST Covers Industries, Inc., Kiewit Construction, Inc. for (1) dangerous condition of public property, (2) strict p...

Excerpt: ...ties; (3) failure to reimburse business expenses, and violation of B usiness and Professions Code section 17200. On 2/20/2024, Plaintiff moved for leave to file a first amended complaint (FAC) Discussion Plaintiff seeks leave to amend to file a FAC. The proposed amendment would add factual allegations and causes of action related to (1) threats to hurt or kill Plaintiff and her family made by Defendant Chaudhari and Plaintiff's emotional distress...

Excerpt: ...st dated March 16, 1987”; R ICHARD L. NORLUND as Trustee of “Richard L. Norlund Separate Property Trust dated December 11, 1997”; RICHARD L. NORLUND and SHARON K. BACON - NORLUND, as Trustees of the “Norlund Family Trust dated May 13, 2019” and DOES 1 through 100, inclusive, Defendants . NANCY HYMAS, as Trustee for Trust A FBO NANCY HYMAS and Trust B FBO NANCY HYMAS, Nominal Defendants . ________ NANCY HYMAS, NANCY HYMAS, Trustee of Tru...

Excerpt: ...ose Baking Inc„ and Mehran Termechi for damages arising out of an automobile v. pedestrian accident At this time, AmGUARD Insurance Company ("AmGUARD") moves for leave to intervene in the case, contending that it is the commercial automobile insurer for Retail Baking LLC. AmGUARD argues it has a direct interest in the litigation due to the insurance policy issued to its insured, Retail Baking LLC, which is currently a suspended corporate entity...

Excerpt: ...terrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust." This provision is also included in Code of Civil Procedure section 2031.300, subdivision (c), for an inspection demand. Code of Civil Procedure section 2030.290, subdivision (c), also provides: "If a party then fails to obey an order compelling answers, the court ...

Excerpt: ...tration proceeding and were awarded ownership of Borisoff's past and future royalties and attorney fees of $67,866.13. On October 3, 2013, Defendants petitioned the Court to confirm the award, which the Court did on January 15, 2014, with a final judgment entered on August 27, 2014. Borisoff appealed the judgment. The Court of Appeal reversed the judgment. On February 4, 2021, the Currency Corp (“Plaintiff”) was substituted as Borisoff's succ...

Excerpt: ...MF Pershing Square, LLC (“Plaintiff”) against Defendant Home Furniture International, LLC (“Defendant”) for possession of residential real property located at 448 S. Hill S treet, Suite 1101-1112, in Los Angeles (the “Property”). On February 21, 2024, Plaintiff filed a verified UD complaint against Defendant. On March 1, 2024, Defendant filed its answer to Plaintiff's UD complaint. On March 6, 2024, Plaintiff filed this motion for sum...

Excerpt: ...n for Summary Adjudication The court considered the moving, opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court rules on defendants Affeld Grivakes LLP and David Affeld's evidentiary objections, filed on March 15, 2024, as follows: The court sustains Objections Nos. 2 -5. The court overrules Objection No. 1. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to...

Excerpt: ... fire ignited at the subject property. Pl aintiff/Cross-Defendant seeks compensation for the resulting property damage and loss of rental income. Defendant/Cross -Complainant seeks compensation for abatement of rent on the grounds that Plaintiff/Cross -Defendant did not repair the subject property f ollowing the fire. Defendant/Cross -Complainant seeks summary adjudication of the breach of lease and constructive trust causes of action in its cros...

Excerpt: ... SSI Refrigerated Express, Inc. (“Plaintiff”) The Court has considered the moving, opposition and reply papers. BACKGROUND SSI alleges a single cause of action for negligence based on Plaintiff being provided hydraulic oil as opposed to what was ordered, i.e., motor oil, which resulted in damage to Plaintiff's semi fleet. The 55 gallon drum of hydraulic oil was mislabeled on t he outer top portion of the barrel as motor oil. The drum was then...

Excerpt: ... against Defendant, Dr. Cardin. 2. Motion for Summary Judgment a. Standard on Summary Judgment Summary judgment is proper “if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Code Civ. Proc. §437c(c).) Where a defendant seeks summary judgment or adjudication, he must show that either “one or more elements of the cause of action, even...

Excerpt: ...s Angeles World Airports ("LAWA") (collectively, "Defendants") for injuries arising from a trip and fall on Defendants' premises. The PAC alleges Plaintiff went to the premises to receive a Covid-19 vaccination shot, when she tripped and fell over an elevated surface mount for a vehicular traffic guidepost while crossing the parking area to the trailer. (FAC at 7. ) Plamtiff alleges the guidepost mount remamed in the direct path from the parking ...

Excerpt: ...st Defendants Georgina Capital, Inc. and Todd M. Smith (“Defendants”). Following Defendants' failure to file a res ponsive pleading, default judgment was entered in Plaintiff's favor on May 20, 2022. (Default Judgment 05/20/22.) The Court awarded Plaintiff attorney's fees with the judgment in the amount of $1,006.74. (Default Judgment, 05/20/22, p. 2:14 -15.) Plaintiff filed a motion to amend judgment on August 28, 2023, which the Court denie...

Excerpt: ...provider who provided insurance coverage for Juan Cervera, Jr., the owner of a residential property in Claremont. After a tree fell onto Cervera's Claremont property in January 2022, IEAC made payments in excess of $100,000 to Cervera for the damages. IEAC alleges the tree that fell onto Cervera's property belonged to Defendant City of Claremo nt (the City). On February 6, 2023, IEAC filed a complaint against the City and Does 1 -10, alleging cau...

Excerpt: ...om a motor vehicle collision. Defendant now moves for terminating sanctions against Plaintiffto dismiss Plamtiffs action with prejudice for failing to serve verified discovety responses in compliance with the Courts November 27, 2023 and November 28, 2023 Orders. Defendant further requests monetary sanctions. Plaintiff is in pro per. Any opposition was due on or before March 7, 2024; none was filed. 11. MOTION FOR TERMINATING SANCTIONS 1. Legal S...

Excerpt: ...to amend an expert witness list if the court takes into account the extent to which the opposing party has relied on the list of expert witness, the opposing party is not prejudiced, a nd either the moving party would not have determined to call the expert in the exercise of reasonable diligence or the moving party failed to call the expert due to mistake, inadvertence surprise, or excusable neglect and then sought leave to amend promptly and ser...

Excerpt: ...DING PARTY: Plaintiff and Cross -Defendants Christopher Mitchell, Koi Pond, and Monty Dog (“Cross -Defendants”) The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiffs commenced this action on November 10, 2016. The operative Fourth Amended Complaint was filed on October 16, 2020, and alleges 10 causes of action arising from alleged wrongful actions in connection with investments in real estate ventures. On Dec...

Excerpt: ...rtment 76 may be sent by email to [email protected] or telephonically at 213 -830 -0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. Plaintiff alleges wage and hour violations and FEHA violations based upon Plaintiff's physical disabilities and request for accommodations. Defendant Darrel Benevuto and Defendant Chris Tanimoto demur to the First Amended ...

Excerpt: ...ke, or Alternatively, Tax Costs Moving Party: Judgment Debtors Dr. Leevil, LLC and D- Day Capital, LLC Resp. Party: Judgment Creditor Westlake Village Property, L.P. Judgment Creditor's Motion for Attorney's Fees is GRANTED in part. Fees and costs are AWARDED in favor of Judgment Creditor Westlake Village Property, L.P. and against Judgment Debtors D-Day Capital, LLC, Dr. Leevil, LLC, and Dr. Leevil SPE LLC, jointly and severally, in the total am...

Excerpt: ...underpaid for this medical care. Defendant now demurs to the first amended complaint. “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” ( Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) “This rule of liberal construction means that the reviewing court d...

Excerpt: ...ed -use construction project called “Lumia Azusa II” in Azusa, California (the “Lumia Project”). On or about August 31, 2022, Sahara informed Heavy Metal that its rebar supplier could not supply further rebar in a timely manner. Heavy Metal offered to take over supplying the rebar needed for the Lumia Project at a price of 76 cents per pound including delivery, plus sales tax. Sahara agreed, so Heavy Metal ordered rebar from InteRebar Fab...

Excerpt: ...emurrer is SUSTAINED as to the breach of contract claim WITH LEAVE TO AMEND and OVERRULED as to the negligent misrepresentation claim. The Court considered the moving, opposition, and reply papers. BACKGROUND On December 12, 2023, Plaintiff Alexander Vyborg (“Plaintiff”) filed a complaint against Defendant LBK Consulting, Inc. d/b/a Kreiss Home Furnishings (“Defendant”) for (1) Breach of Contract; and (2) Fraud and Deceit — Negligent Mi...

Excerpt: ...TS TO NOTICE. The Court considers the moving papers. No opposition papers were filed. BACKGROUND On January 26, 2022, Plaintiff Lawrence Harris sued “Defendant Staple Center.” The complaint arises from alleged harassment, but the allegations of the complaint do not identify any acts of harassment. On September 27, 2023, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendant Anschutz Entertainment Group, which mere...

Excerpt: ...ction against Defendant: broker negligence. On February 16, 2024, Defendant filed this demurrer. LEGAL STANDARD A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (¿¿ Blank v. Kirwan (1985) 39 Cal.3d 311, 318¿¿.) “¿To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action; each evid...

Excerpt: ...cting in her capacity as a real estate agent workin g for defendants Arbid and Power Brokers, Inc. Defendants Power Brokers International, Beverly Hills Fine Homes and Arbid (collectively “PBI”) demur, as do defendants Rexford Flats, Rexford 52 and Mehrdad (collectively “Rexford”). Rexford also moves to strike special and punitive damages. Defendants PBI Demurrer Negligence The elements of a cause of action for negligence are (1) duty, (2...

Excerpt: ... action is overruled. SUMMARY OF ACTION On June 5, 2023, Plaintiff Juan Ayala (“Plaintiff”) initiated this action when he filed his Complaint against Defendants Pitchess Detention Cetner, County of Los Angeles, City of Los Angeles, State of California, Los Angeles County Sheriff's Department, an d Does 1 to 50, inclusive, asserting two causes of action for (1) General Negligence; and (2) Premises Liability. Plaintiff alleges on May 14, 2022, ...

Excerpt: ...vember 2023, December 2023 and January 2024 and is therefore subject to eviction. The commercial property is located at 10960 Wilshire Blvd, Suite 800, Los Angeles, California (the “Property”). This hearing is on Defendant WS Communities, LLC's demurrer to the Complaint. Defendant argues that (1) there is no contractual relationship between it and Plaintiff, and therefore, Plaintiff has no standing to sue; (2) the 3 day notice to pay rent or ...

Excerpt: ...ar by LACourtConnect rather than in person due to the COVID-19 pandemic. On December 6, 2023, Plaintiff Durant McLeod filed the operative Second Amended Complaint (“SAC”) against Defendants California Physicians Service, Arshad Haqib, and Sandra Griffin for (1) FEHA discrimination, (2) FEHA harassment, (3) FEHA retaliation, (4) FEHA failure to prevent discrimination, retaliation, and harassment, (5) whistleblower retaliation, (6) wrongful ter...

Excerpt: ... (“Wilber”) and Alejandro Jose Guerrero (“Guerrero”). Plaintiff is the landlord and Defendants are the tenants of the certain real property located at 1186 S. Crocker Street, Los Angeles, California 90021 On May 31, 2022, the clerk of the court entered default as to Guerrero. On August 5, 2022, the court set aside the default against Guerrero. On May 25, 2023, the court granted Plaintiff's motion for summary adjudication on nine of twelve...

Excerpt: ...H Sub I, LLC (“Defendant Internet Brands”) and Jenny Phan (“Phan”) (collectively, “Defendants”). The Complaint alleges causes of action f or (1) intentional misrepresentation; (2) recission; (3) declaratory relief; and (4) unfair competition under Business and Profession Code § 17200 et seq. On November 28, 2023, Defendant Phan filed a declaration with the Court stating that Plaintiff did not properly serve her with summons and compl...

Excerpt: ...iced. (Code Civ. Pro., §§ 430.30, et seq.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. ( See id . § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) 39 Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law...

Excerpt: ...bing such meet and confer efforts at least nine (9) court days before the next scheduled hearing on the Demu rrer. BACKGROUN D This is a contractual fraud action. 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...

Excerpt: ...e 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 factual...

Excerpt: ...vant time of school attendance, with defendant Los Angeles Unified School District (LAUSD), alleges the school district failed to ever provide any “formal assessment,” and therefore nev er developed an Individualized Education Plan. On February 20, 2019, Plaintiff filed a complaint for Unruh Civil Rights Act, California Government Code section 11135, Intentional Infliction of Emotional Distress, Negligence, and Article I, Section 7(A) & Artic...

Excerpt: ...ce: OK Ruling: The Demurrer is overruled. The Motion to Strike is granted, without leave to amend. 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. The initial Complaint in this matter was filed on January 3, 2023, without a wrongful death claim. On August 22, 2023, Plaintiffs moved to file the First Amended Compla...

Excerpt: ... moot. Defendant Elena Talan (“Talan”) (“Defendant”) demurs to Plaintiff Brent Wing's (“Wing”) (“Plaintiff”) second amended complaint (“SAC”). (Notice of Demurrer, pgs. 1 -2; C.C.P. §§430.10(e), (f), 430.50(a).) Talan also moves to strike portions of the SAC. (Notice of MTS, pgs. 1 -4; C.C.P. §§435, 436.) Meet and Confer Before filing a demurrer, the demurring party must meet and confer in person, by telephone, or by video...

Excerpt: ...ng Party: Plaintiff Robert Zuckerman Tentative Ruling: The Demurrer to the First Amended Complaint is sustained in its entirety. The motion to strike is moot. Plaintiff shall have leave to amend. This is a wrongful foreclosure action regarding real property located at 24756 Eilat Street, Woodland Hills, California (Property). The First Amended Complaint (FAC) alleges causes of action for (1.) wrongful foreclosure, (2.) violations of HBOR, (3.) ca...

Excerpt: ...periencing difficulty appearing remotely, she may contact the Court's clerk, Roberto Mendoza, at (213) 633 -0159, and he will arrange for her to appear via telephone. [TENTATIVE] ORDER Plaintiff Fredy Wembe (“Plaintiff”) filed this employment action against Defendants Target Corporation and Manuel Quijada (collectively, “Defendants”). Now, Defendants move to compel Judith Andrades, formerly known as Judith Parada (the “Deponent”), who...

Excerpt: ... requests for production. Plaintiff filed her opposition on March 7, 2024. Defendant filed his reply on March 13, 2024. LEGAL STANDARD Upon receiving responses to its discovery requests, the propounding party may move for an order compelling further responses if the responses are incomplete or evasive, or objections are without merit or too general. (Code Civ. Proc., §§ 2030.300(a), 2031. 310(a), 2033.290(a).) MEET AND CONFER A motion to compel...

Excerpt: ...of action of book account, goods sold and delivered, and account stated. On August 15, 2011, the Court entered Judgment in favor of Plaintiff and against Defendant in the total amount of $89,304.44. On March 15, 2021, Plaintiff (now "Judgment Creditor") filed Judicial Council Form EJ-190, Application for and Renewal of Judgment. Three years of post-judgment motion practice has ensued. On February 20, 2024, Defendant (now "Judgment Debtor") filed ...

Excerpt: ...er: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (CCP §§ 436(a)- (b); Stafford v. Shultz (1954) 42 Cal.2d 767, 782 [“Matter in a pleading which is not essential to the claim is surplusage; probative facts are surplusage and may be stricken out or disregard...

Excerpt: ...s a result of a “pressurized water supply line located under the concrete slab of a downstairs bedroom” apparently ruptured. Plaintiff subm itted an insurance claim on the homeowner policy with defendant State Farm Mutual Automobile Insurance Company. On April 3, 2021, the claim was denied. Plaintiff alleges defendant failed to adequately investigate the cause of the leak, and therefore improperly denied coverage under the terms of the policy...

Excerpt: ...s Castro sues Defendants American Honda Motor Co., Inc. (AHM) and Does 1 through 10 pursuant to a June 9, 2023, Complaint alleging claims of (1) Violation of Subdivision (d) of Civil Code Section 1793.2, (2) Violation of Subdivision (b) of Ci vil Code Section 1793.2, (3) Violation of Subdivision (a)(3) of Civil Code Section 1793.2, (4) Breach of Express Written Warranty, Civil Code Section 1791.2 Subdivision (a); Section 1794; and (5) Breach of I...

Excerpt: ...rolled by Defendants. On January 26, 2021, Plaintiff amended the complaint to name Mark A. Baratta as Doe 1 and Discovery Days Early Learning Center, Inc. (“Defendant”) as Doe 2. On March 16, 2021, Plaintiff filed a request to dismiss his claims against United Pacific Bank. On April 12, 2021, 85 Palmetto Drive, LLC and Mark A. Barrata filed an answer to the complaint. On March 11 and September 7, 2022, Plaintiff filed requests to dismiss his ...

Excerpt: ...0, 2024. TENTATIVE RULING: 1. Motion to Set Aside/Vacate Default Judgment is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On March 16, 2022, Plaintiff Cal26 Property Group, LLC (Plaintiff) filed a Complaint against Defendant Kambiz Barzi Tehrani (Defendant) with causes of action for: (1) Intentional Tort (Conversion), and (2) General Negligence. According to the Complaint, Defendants used a locksmith to break into Plaintiff's premises ...

Excerpt: ...024 when the Limited Protected Party Injunction of the reorganization plan of the Boy Scouts of America ends. Defendant Charles Drylie joins the City of Whittier's motion. Legal Standard Trial courts have the inherent power to stay proceedings to promote justice and judicial efficiency. (Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489.) Requests for Judicial Notice Plaintiff requests judicial notice of the following under Evide...

Excerpt: ...ged defects of the 2022 Forest River recreational vehicle they purchased from Mike Thompson Recreational Vehicles in Santa Fe Springs, California. Legal Standard When a court upon motion of a party or its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, the court shall stay or dismiss the action in whole or in part on any conditions that may be just. (Code Civ. Proc., §410.30.)...

Excerpt: ...intiff Valeria Segoviano Hernandez's Third Amended Complaint: 1. Paragraph 19 in its entirety (page 8, lines 4 -6); 2. Paragraph 21 in its entirety (page 8, lines 12 -14); 3. Paragraph 22 in its entirety (page 8, lines 16 -23); 4. Paragraph 23 in its entirety (pages 8 -9, lines 25 -3); 5. Paragraph 24 in its entirety (page 9, lines 5 -7); 6. Paragraph 26 in its entirety (page 9, lines 13 -19); 7. Paragraph 28 in its entirety (pages 9 -10, lines 2...

Excerpt: ...�� (Code Civ. Proc., § 473, subd. (b).) “Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or other proceeding was taken.” (Ibid.) “The court may, upon motion of the injured party, or its own motion, correct c...

Excerpt: ...T FOR JUDICIAL NOTICE: Diodes' request for judicial notice is granted as to the existence, but not the contents, of Exhibits 1 –22. BACKGROUND This is a toxic tort action in which Plaintiff Tony Laurita was allegedly employed by Cinmark, LLC (“Cinmark”) between 2002 and 2017, during which time he worked at Cinmark's principal place of business at 8933 Quartz Avenue, Northridge, California 91324. (FAC ¶ 3.) Nonmoving defendant Micro Matic U...

Excerpt: ..., v. LEO DAVID, et al., Defendants. BACKGROUND This is an elder abuse case. Defendant Aurice Veloso was a caregiver for Plaintiff Leo David and his late wife, Ruth David. (Compl. ¶¶ 7 -8.) Plaintiff alleges Defendant stole monies and personal property and engaged in financial and physical elder abuse. ( Id. ¶¶ 11 -30.) The operative complaint alleges eleven claims for: (1) Elder Abuse; (2) Intentional Infliction of Emotional Distress; (3) Neg...

Excerpt: ... Confirm Arbitration Award On July 17, 2023, Petitioner Swift Financial LLC, as Servicing Agent for WebBank (Swift Financial) filed a petition to confirm a contractual arbitration award as against Defendants Respondents Passu, Inc., d/b/a Dims (Passu Inc.), Eugene Kim, and Does 1 to 10 inclusive. The arbitration award of $85,244.16 in Swift Financial's favor was made on April 13, 2023, by arbitrator Brent O.E. Clinkscale of the American Arbitrati...

Excerpt: ...mount of $51,077.75, consisting of: (a) damages in the amount of $46,905.90; (b) interest in the amount of $1,750.85; (c) costs in the amount of $1,221.00; and (d) attorney's fees in the amount of $1,200. The Court CONTINUES Plaintiff's request for default judgment so that Plaintiff may correct its damages and interest calculations in the CIV -100 and JUD- 100. Plaintiff must calculate requested interest as interest, and not as damages. Backgroun...

Excerpt: ...mount of $51,077.75, consisting of: (a) damages in the amount of $46,905.90; (b) interest in the amount of $1,750.85; (c) costs in the amount of $1,221.00; and (d) attorney's fees in the amount of $1,200. The Court CONTINUES Plaintiff's request for default judgment so that Plaintiff may correct its damages and interest calculations in the CIV -100 and JUD- 100. Plaintiff must calculate requested interest as interest, and not as damages. Backgroun...

Excerpt: ...of $244,035.77, consisting of: (a) damages in the amount of $222,275.00; (b) interest in the amount of $21,168.02; and (c) costs in the amount of $592.75; The Court GRANTS Plaintiff's request for default judgment. The Court will sign the proposed judgment submitted by Plaintiff. Background Plaintiff licenses seating at the Arena, a sports and entertainment venue in downtown Los Angeles. On October 26, 2021, Plaintiff and Defendant entered a licen...

Excerpt: ...premises liability and general negligence. On July 12, 2022, Plaintiff amended the complaint to include Defendant Infinity Management Group Inc as Doe 1 and Dusk Hotel Hollywood as Doe 2. On October 26, 2022, Plaintiff filed a first amended complaint against Bell Gardens, Stay Hotels, Starlite Homes, Amit Patel, Shyamal Patel, and Does 1-100 for premises liability and general negligence. On October 27, 2022, Plaintiff amended the first amended co...

Excerpt: ...mages, and other documents on Defendant on October 15, 2021. The statement of damages lists $5,000,000 in general damages, “[m]edical and incidental expenses according to proof,” and “[l]oss of [e]arnings and earning capacity according to proof.” On January 3, 2023, the clerk entered Defendant's default. On February 16, 2024, Plaintiff filed a request for Court judgment to be heard on March 20, 2024. On February 20, 2024, the Court dismis...

Excerpt: ...osting the required undertaking in the amount of $10,000.00 within 30 days. The Court sets an Order to Show Cause re: posting of the undertaking on April 17, 2024. The Court notes the OSC will be discharged if the undertaking is posted and the writ issued. Plaintiff's application for a writ of possession is DENIED without prejudice. SUMMARY OF ACTION This is a breach of contract action arising from an equipment financing agreement. On October 16,...

Excerpt: ...pliance with the statutory procedures for service of process is essential to establish personal jurisdiction.” ( Ellard v. Conway (2001) 94 Cal.App.4th 540, 544.) Mere notice of litigation does not confer personal jurisdiction absent substantial compliance with the statutory requirements for service of summons. ( MJS Enterprises, Inc. v. Superior Court (1984) 153 Cal.App.3d 555, 557.) While courts are not required to accept self -serving eviden...

Excerpt: ...ed if the court finds that the claimant has not established by a preponderance of the evidence the probable validity of the real property claim. (CCP § 405.32.) After a lis pendens is expunged, a party may not file another lis pendens on the property without leave of court. (CCP § 405.36.) A “real property claim” means the causes of action, if proven, would affect either: (a) title to or the right to possession of specific real property, or...

Excerpt: ...eave to amend its Answer to Plaintiff's First Amended Complaint is granted. Defendant is ordered to file the proposed First Amended Answer with the Court within 10 days. Defendant Mechanics Bank (“Mechanics Bank”) (“Defendant”) moves to quash the notice to appear at trial (“Notice”) served by Plaintiff Bear Valley 2005, LLC, (“Bear Valley”) (“Plaintiff”) as it pertains to Scott Givens, Doug Lutz, John DeCero, and Nathan Du da ...

Excerpt: ...g from a motor vehicle collision. Plamtiff filed an amendment to complaint naming Pedro Ivan Jimenez Aguilera as Doe 1. On October 26, 2023, the Court granted Avis Rent A Car System, LLC leave to intervene in this action. At this time, Plaintiff moves to compel the deposition of Avis Budget Car Rental, LLC's employee Jeanne Motosko ("Motosko") and its employee(s) and/or person(s) most qualified ("PMQ"). Plaintiff requests monetary sanctions. Defe...

Excerpt: ... Plaintiff, Paul Herrera (2) Motion to Compel Further Responses to Special Interrogatories, Set One to Plaintiff, Paul Herrera (3) Motion to Compel Further Responses to Requests for Production of Documents, Set One to Plaintiff, Paul Herrera (4) Motion to Compel Plaintiff's Further Responses to Requests for Admission to Plaintiff and Cross-Defendant Paul Herrera (5) Requests for Sanctions (6) Stipulation to continue the April 8, 2024 trial Tentat...

Excerpt: ...ents and supplemental responses must be produced within 10 days after the date of this order. If any documents are withheld based on a claim of attorney client or work product privilege, a privilege log must be produced. This privilege log must also be produced within 10 days after the date of this order. The Court declines to impose sanctions this time. However, this motion was avoidable by both sides given the information provided at the IDC. M...

Excerpt: ...ents and supplemental responses must be produced within 10 days after the date of this order. If any documents are withheld based on a claim of attorney client or work product privilege, a privilege log must be produced. This privilege log must also be produced within 10 days after the date of this order. The Court declines to impose sanctions this time. However, this motion was avoidable by both sides given the information provided at the IDC. M...

Excerpt: ...ents and supplemental responses must be produced within 10 days after the date of this order. If any documents are withheld based on a claim of attorney client or work product privilege, a privilege log must be produced. This privilege log must also be produced within 10 days after the date of this order. The Court declines to impose sanctions this time. However, this motion was avoidable by both sides given the information provided at the IDC. M...

Excerpt: ...nd (2) loss of consortium. The First Amended Complaint was filed on May 8, 2019. Blanca Leon's claims were dismissed, leaving Antonio Leon's medical malpractice claim. The matter came on for trial between January 29, 2024 and February 9, 2024, after which the jury returned a verdict for Plaintiff against Defendant Bode. Plaintiff was ordered to prepare a judgment. Plaintiff filed a proposed judgment on February 15, 2024. Defendant filed her objec...

Excerpt: ...ng Party: (1) Defendant Vista Del Mar Child and Family Services (“Defendant”) (2) Defendant Vista Del Mar Child and Family Services (“Defendant”) Responding Party: (1) Plaintiff Dan Ma (“Plaintiff”) (2) Plaintiff Dan Ma (“Plaintiff”) Notice: OK Ruling: The Motion to Compel Further Responses to Form Interrogatories (Set One) is GRANTED. Sanctions are GRANTED in the reduced amount of $1,500. The Motion to Compel Further Responses to...

Excerpt: ...LLC and Rasier -CA, LLC, Cesar Augusto Campos Orellana and Francisco J. Giron for injuries arising from an automobile incident. At this time, defendants Uber Technologies, Inc., Rasier, LLC and Rasier -CA, LLC (collectively, “Uber”) moves for an order compelling Plaintiff to appear for a mental examination with neuropsychologist Howard J. Friedman, Ph.D., ABPP (“Dr. Friedman”) at 30 3 North Glenoaks Blvd., Suite 200, Burbank, CA 91502. Pl...

Excerpt: ...ttlieb, Tzvi Haber, and 330 North Genesee Avenue LLC, and located at 332.5 Genesee Ave., Los Angeles begi nning on May 15, 2014. Beginning in September 2017, Plaintiff discovered mold on the premises, and notified defendants. No remediation was undertaken. On February 18, 2022, Defendants filed an unlawful detainer action against Plaintiff, which was dismissed. On May 3, 2022, Defendants served a Three Day Notice to Pay Rent or Quit. A secont Thr...

Excerpt: ...to Respond to Form Interrogatories, Set One is GRANTED. Plaintiff John Tebbens shall serve code -compliant responses to Defendant Michael B. Gerhardt, M.D.'s Form Interrogatories , Set One, without objections, within thirty (30) days of entry of this order. Defendant Michael B. Gerhardt, M.D.'s Motion to Compel Plaintiff, John Tebbens to Respond to Request for Production of Documents, Set One is GRANTED. Plaintiff John Tebbens shall serve code -c...

Excerpt: ...N: Filed March 7, 2024 REPLY: Filed March 14, 2024 RELIEF REQUESTED Plaintiff moves for an order consolidating two related cases: case number 22AHCV00949 and case number 23AHCV00006. BACKGROUND This case arises out of Plaintiff Dave Barela's claim that Defendant Jie Wang owes an outstanding debt. Plaintiff filed this complaint on January 3, 2023. TENTATIVE RULING Plaintiff's motion for an order consolidating the cases is GRANTED. DISCUSSION Plain...

Excerpt: ...Crisanto Ramon Vega (“Vega”) and Does 1 through 10, asserting one cause of action for motor vehicle negligence (the “Ochoa Action”). On June 21, 2023, Vega filed an Answer to the Complaint. Meanwhile, on January 23, 2023, Vega filed a complaint against Ochoa in the small claims division, Case No. 23STSC00355, seeking damages from the same accident (the “Vega Action”). On March 1, 2023, Ochoa filed a notice of related case. That filing...

Excerpt: ...on March 5, 2021. On August 4 2022, Plaintiff filed an amendment to complaint naming Yard House USA, Inc. as Doe 1. On August 5, 2022, Plaintiff filed First Amended Complaint adding Reginald Stiles as a plaintiff, and bringing the action only against Yard House USA, Inc. (“Defendant”) and Does 2 to 50. On December 13, 2023, Defendant filed its motion for summary judgment. On February 7, 2024, Defendant filed a motion to continue trial. Plaint...

Excerpt: ...isting a LYFT car when he was headed towards his apartment. He claims that he fell on a pothole on the street located at 1021 North Harper Avenue in West Hollywood. Plaintiff sued Defendant the City of West Hollywood (the “City”). The operative complaint alleges two claims for (1) premises liability and (2) dangerous condition of a public property. This hearing is on the City's motion to continue trial by at least six months from September 23...

Excerpt: ...nued to J uly 26, 2025, 9:30 a.m. NO FURTHER CONTINUANCES WILL BE ALLOWED IF REQUESTED BY FABIAN OR NICKEL, ABSENT EXTRAORDINARY CIRUCMSTANCE S OR STIPUALTION OF ALL PARTIE S I. BACKGROUN D A. Factual Plaintiff Luann Fabian (“Plaintiff”) filed this action against Defendant Robert Nickell (“Defendant ” or “Nickell ”) on October 15, 2020, alleging causes of action for breach of contract and common count. Plaintiff alleges that on March ...

Excerpt: ...d to give notice of the Court's ruling within five calendar days of this order. BACKGROUND This is a partition action. On October 27, 2023, plaintiff Lawrence Elmer Barkley, Jr. (Plaintiff) filed this action against defendant Judy Ann Drebert (Defendant) and Does 1 through 10, alleging one cause of action for partition. Defendant was personally served with the Summons and Complaint on November 13, 2023. On November 27, 2023, Plaintiff served the ...

Excerpt: ...AC) against Prashant Vaghashia (Prashant), Graphic Research, Inc. dba Gtek/Bycan Systems (G RI), alleging: (1) involuntary dissolution; (2) breach of fiduciary duty; (3) accounting; and (4) violation of Corporations Code sections 1601 and 1602. On 1/29/2024, the Govind Parties moved to disqualify Mr. Alfred Anyia as counsel. Discussion The Govind Parties argue that Mr. Alfred Anyia should be disqualified as counsel for Prashant and Mita based on ...

Excerpt: ...ria and Does 1 through 100 for damages arising from a slip and fall on Defendant's property. Plaintiff filed amendments to complaint, naming Brkic Ferdo and Zdenka Trs as Doe 1 and Brkic Ljilj a as Doe 2. Trial is currently set for April 23, 2024. On December 18, 2023, defendants Maria Delgado dba Birrieria Chalio (erroneously named as Chalio Birrieria), Ferdo Brkic, Zdenka Brkic, and Brkic Trust (erroneously sued and served as Brkic Ferdo And Zd...

Excerpt: ...ppeal on May 28, 2014, which was dismissed on July 14, 2014. The judgment was renewed on October 27, 2023. Judgment Debtors filed the instant Motion to Vacate Renewal of Judgment on January 3, 2024. Judgment Creditor filed an opposition on March 6, 2024. Discussion A renewal of judgment can be vacated pursuant to Code of Civil Procedure section 683.170, which states in relevant part: (a) The renewal of a judgment pursuant to this article may be v...

Excerpt: ...led his complaint in Los Angeles Superior Court on October 22, 2020. (Jacobsen Decl. ¶ 2, Ex. A.) The complaint alleges nine causes of action: assault, battery, intentional infliction of emotional distress, false arrest, false imprisonment, vio lations of Civil Code sections 51.7 and 52.1, negligence, negligent hiring, and negligent supervision. ( Id.) The complaint originally named ten defendants, consisting of two corporate entities and eight ...

Excerpt: ..., costs, and attorney fees is denied. Plaintiff Jose Sanchez sued Defendant Foundation Buildings Materials, LLC. The Complaint contains causes of action for (1) Disability discrimination in violation of the Federal Employment and Housing Act (FEHA), (2) Failure to accommodate in violation of t he FEHA, (3) Failure to engage in the interactive process in violation of the FEHA, and (4) Wrongful termination in violation of public policy. On October ...

Excerpt: ...osting the required undertaking in the amount of $10,000.00 within 30 days. The Court sets an Order to Show Cause re: posting of the undertaking on April 17, 2024. The Court notes the OSC will be discharged if the undertaking is posted and the writ issued. Plaintiff's application for a writ of possession is DENIED without prejudice. SUMMARY OF ACTION This is a breach of contract action arising from an equipment financing agreement. On October 16,...

Excerpt: ...pped and fell due to a black oily substance on the ground, sustaining injury. On August 01, 2023, Plaintiff filed her Complaint alleging three causes of action: (1) Premises Liability against Whispering Palms, HPN, Palmdale, and Palmdale Housing Authority; (2) General Negligence against Whispering Palms, HPN, Palmdale, Palmdale Hous ing Authority; and (3) Government Tort Liability (Cal. Gov. Code §§ 815.2, 815.4, 820, 835, and 840.2. On Februar...

Excerpt: ...fendants MICHELLE KIM (“Kim”); JOSEPH DINGLASAN, M.D MEEIN MEDICAL CORPORATION dba EBEN EZER MEDICAL CLINIC (“Clinic”) and Doe Defendants [1] : In July 2018, Kim performed a laser treatment on Plaintiff's face that caused permanent scarring and disfigurement. Plaintiff later learned that, despite representations, Kim was unlicensed and unqualified to perform the treatment. On March 2, 2020, Plaintiff filed suit alleging the following COAs...

Excerpt: ...ng causes of action for breach of contract, open book account, account stated, reasonable value, and breach of personal guarantee [sic]. On October 18, 2023, the Court denied without prejudice Plaintiff's request for entry of default judgment against Defendants. On November 7, 2023, Plaintiff dismissed Defendant Johnny Cornejo. On January 18, 2024, Plaintiff resubmitted the default judgment package. LEGAL STANDARD Code of Civil Procedure section ...

Excerpt: ... defendants Diwan Transport, Inc., Baljit S Khinda, Narinder Singh, Sukhraj Singh (collectively, Defendants), and Does 1 through 10, alleging causes of action for breach of contract, claim and delivery, conversion, and money lent. On November 22, 2023, default was entered against Defendants. On February 15, 2024, Plaintiff filed a request for entry of defaul t judgment. LEGAL STANDARD Code of Civil Procedure section 585 permits entry of a default...

Excerpt: ... Defendant's motion to tax costs is GRANTED in the amount of $757,251.09 and DENIED as to all other amounts. Background This case involves a motor vehicle accident. Plaintiffs Maynard Matthews and Tanis Matthews filed this action on March 29, 2019 against defendant Patrick Ryan, alleging causes of action for (1) Negligence; and (2) Loss of Consortium. The Complaint alleges that plaintiff Maynard Matthews was operating a 2014 Mercedes E 350 on Aug...