Excerpt: ...on for Summary Judgment The court considered the moving, opposition, and reply papers. RULING Defendant TMMC's Motion for Summary Judgment is GRANTED. BACKGROUND Plaintiff Claudia Mendoza underwent an ultrasound for her pregnancy on July 21, 2020, as ordered by Defendants. Defendant Albert Grabb, MD read the ultrasound that day and reported that the images suggested there was an abortion in progress. Defendant Ricardo Huete, MD thereafter prescri...

Excerpt: ...G: 1. Motion for Leave to File First Amended Complaint is GRANTED. 2. The Proposed First Amended Complaint attached to the Proposed Order is deemed filed this date. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On June 14, 2022, Plaintiff DB Insurance Company LTD (Plaintiff) filed a Complaint against Defendant City of Los Angeles (Defendant) for subrogation. According to the Complaint, Plaintiff investigated a property damage claim due to LAPD'...

Excerpt: ...cy Ko (“Ko”), and United Escrow Co. (“United”). On June 5, 2018, by request of Plaintiff, the Clerk's Office dismissed without prejudice Lee and Bow Tie from the Complaint. On July 17, 2018, Bow Tie filed its Complaint in Intervention. On September 17, 2019, the Court entered Judgment in favor of Ko and United, and against Plaintiff. Also on September 17, 2019, the Court entered Judgment in favor of Bow Tie and against Plaintiff. II. Post...

Excerpt: ...n. The causes of action are for breach of contract and negligence. On November 30, 2023, Plaintiff filed its First Amended Complaint (FAC). On December 21, 2023, by request of Plaintiff, the Clerk's Office dismissed without prejudice Defendant Michael Stern from the FAC. On January 8, 2024, Defendants Compass California, Inc. and Angelo Fierro (“Settling Defendants”) filed their Motion for Determination of Good Faith Settlement and Dismissal ...

Excerpt: ...efendant” or “ District”) allegedly maintained, operated, and employed teachers at Locke Academy. Plaintiff alleges claims for childhood sexual abuse, intentional infliction of emotional distress, negligent hiring and supervision, failure to report child abuse, and negligence. II. ARGUMENTS Defendant moves for judgment on the pleadings on grounds the enacting legislation, AB 218, that revived Plaintiff's claims, is unconstitutional because ...

Excerpt: ...ION: Filed February 28, 2024 REPLY: Filed March 5, 2024 RELIEF REQUESTED Defendant moves for judgment on the pleadings as to Plaintiff's FAC. BACKGROUND This case arises out of Plaintiff's claim that she was sexually assaulted by a public employee between 1982 and 1986. Plaintiff filed this revival action pursuant to Code of Civil Procedure section 340.1. On August 1, 2023, Plaintiff filed a first amended complaint alleging four causes of action ...

Excerpt: ...ndants Gloria Gao (“Defendant”), Eric Wu aka \ Yue H. Wu (“Wu”), and Wei F. Li (“Li”) (collectively, “Defenda\ nts”) asserting causes of action for: (1) breach of contract, (2) accounting, (3) fraud, (4) conversion, (5) breach of fiduciary duty, and (6) intentional infliction of emotional distress. \ Plaintiff alleges that Defendant, his former mother-in law, was allowed to live at the property located at 1128 W. Duarte Road, #E i...

Excerpt: ...' motion for judgment on the pleadings is granted in part. The motion is granted as to Plaintiff Joseph Daneshard without leave to amend and denied as to Plaintiff Daneshard Law Firm, APC. Defendants to give notice. BACKGROUND On October 3, 2022, Joseph Daneshard and Daneshard Law Firm, APC (collectively “Plaintiffs”) filed a Complaint against Daniel Davidovitz; D and M General Constructor, Inc. (collectively “Defendants”); and Does 1 to ...

Excerpt: ...lely against Defendant Zak & Associates. The OSC is set for _____________, 2024. Introduction Defendants Zina Tehrani, Reza Tehrani -Tak, and Tak & Associates (collectively, Defendants) moved for leave to file the Proposed Cross -Complaint (PXC) against two of the four Plaintiffs – Myriam Gisela Flores and Jacob Santiago Danel (collectively, Plaintiffs). Plaintiffs' opposition was due on February 28, 2024 and none was filed. Defendants filed a ...

Excerpt: ...ent, operation, and use of their vehicle and, as a result, struck a singular unspecified plaintiff's vehicle, causing damages to the unspecified plaintiff. Defendant Fairmount Contractors LLC (“Fair mount” and with Wood, Jr., “Defendants”) is alleged to be the owner of the vehicle and negligently entrusted, allowed, and permitted Wood, Jr., to use its vehicle when it knew or should have known that Wood, Jr., (1) did not possess the requis...

Excerpt: ...iff's motion for leave to file a Second Amended Complaint is GRANTED and deemed filed this date. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On November 20, 2023, Plaintiff David Ryan Sharp (Plaintiff) filed a Complaint against Defendant The County of Los Angeles (Defendant) with two causes of action for: (1) Whistleblower Retaliation in Violation of Labor Code § 1102.5; and (2) Wage Claim in V iolation of Labor Code §§ 201-203, 227.3. Acc...

Excerpt: ...Cohens disagree that a settlement agreement was ever formed, as party Elaine Cohen failed to sign. Cross -defendants Paul and Elaine Cohen demur to the third cause of action for breach of a settlement agreement and seventh cause of action for estoppel. They also move to strike portions of the cross -complaint. The Kaplans request sanctions against Paul Cohen and his former counsel Bloch for falsely representing that Elaine Cohen signed the settle...

Excerpt: ...trongly encouraged to appear in person. BACKGROUND On August 25, 2023, Plaintiff Mario Ochoa (“Plaintiff”) filed the operative First Amended Complaint (“FAC”) against Defendants Encore Jeans Corporation; 3005 S. Grand Avenue, LLC (“Defendants”); and DOES 1 to 25, inclusive for: (1) Negligence; (2) Negligent Provision of Adequate Safeguards; (3) Strict Products Liability; (4) Products Liability – Negligence; (5) Products Liability �...

Excerpt: ...rties that serve as short -term rentals. On August 10, 2023, the People of the State of California (Plaintiff) filed a complaint against Ultimate Host, LLC and Mokhtar Jabli (Defendants), in addition to 5554 Green Oak, LLC and Kirill Ayzenberg. The complaint alleges the following causes of action: (1) violation of California's unfair competition law and (2) public nuisance. On October 24, 2023, Plaintiff filed this motion for a preliminary injunc...

Excerpt: ...d Leona Wai Fong Lam Wong dba Lams Jade Center, Inc.; Ming Chang dba Bonita Pearl, Inc.; Shahram Lavian and Sioun Lavian dba S&N Diamond; Sarkis Kegeyan dba Luvell, Inc.; Fariborz Frank Petri dba Petri Gems, Inc.; Amy Kit Tsing Leung dba Hawaiian Design Jewelry Company; Shung Man Simon Lam and Woon Mai Lam Quek dba El Dorado Jewelry, Inc.; Victor Wu and Anita Wu dba Pan Lovely Jewelry Company; Birol Arat dba Arat Jewelry; Tony Lee dba Lees Intern...

Excerpt: ... deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order.” (CCP § 2025.420(a).) This motion must be accompanied by a meet and confer declaration under CCP section 2016.040. (Ibid.) “The court, for good cause shown, may make an order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, ...

Excerpt: ...ED Plaintiff moves for a protective order staying his deposition testimony. Defendant moves for an order compelling Defendant's deposition testimony. BACKGROUND This case arises out of Plaintiff Dennis O'Brien's (“Plaintiff”) claim that Defendant Debra Ann Harris (“Defendant”) defrauded him of assets by offering to assist in the probate process for Plaintiff's deceased wife. Plaintiff filed a first amended complaint on October 23, 2023, a...

Excerpt: ...sworth in Response Thereto, is DENIED. ANALYSIS: On December 20, 2016, Plaintiff/Cross -Defendant Shahrouz Jahanshahi (“Cross -Defendant”) filed the instant action, acting in propria persona, for breach of contract, common counts, fraud, general negligence, and intentional tort against Defendant/Cross -Comp lainant Rodney Lewin (“Cross - Complainant”). The action arose from Cross -Complainant's representation of Jahanshahi in an action ag...

Excerpt: ...N (“MEHSERDJIAN”) (collectively, “Plaintiffs”) allege the following against Defendant SIM ON DAVID MCPHERSON (“MCPHERSON” or “Defendant”): On October 28, 2019, Heritage was formed with McPherson as the President, Mehserdjian as the Chief Financial Officer, and Harden as the Secretary. (Complaint ¶¶8, 11.) Each share an equal, one-third ownershi p share, comprising of 33.3% each. (¶12.) Around May 2023, McPherson allegedly start...

Excerpt: ...o give notice. BACKGROUND This is a lemon law action. On August 18, 2023, Plaintiff Miguel Hernandez filed the Second Amended Complaint (“SAC”) against Defendant General Motors LLC for (1) fraudulent concealment, (2) breach of express warranty under Commercial Code § 2- 313, (3) violation of the Magnuson-Moss Warranty Act, and (4) violation of Civil Code § 1750 et seq. A demurrer to the SAC was sustained on October 18, 2023. On November 15,...

Excerpt: ...on. Defendants' request is GRANTED pursuant to Evidence Code section 452, subdivision (d). Analysis Defendants move the Court to vacate Assignee of Record SMS Financial XI, LLC (“Assignee”)'s renewal of the 1994 judgment in this action or, alternatively, to stay enforcement of the judgment on the ground that Assignee is a terminated Arizona limited liability company that is not registered to do business in California and does not have a licen...

Excerpt: ...AINTIFF TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self -represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND This is a lemon law action arising out of Plaintiffs' purchase of 2022 Lucid Air Grand Touring manufactured and distributed by Defendant Lucid Group USA, I...

Excerpt: ...ly wrongful lien placed on insurance proceeds. Cross -Plaintiff Stephen Kop was in an accident with an insured of Geico General Insurance Company (“Geico”). Kop was riding a scooter when he was struck by a car driven by Geico's insured. Geico settled the claim on behalf of its insured for $100,000. Geico received two notices of liens. One was from the California Department of Child Support Services for $659,158.56 for child support payments. ...

Excerpt: ...dant Southern California Permanente Medical Group alleging that it was negligent in its medical care and treatment of Decedent, resulting in his death. Defendant Southern California Permanente Medical Group now moves generally for a Motion for Summary Judgment. Legal Standard The purpose of a motion for summary judgment “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their alle...

Excerpt: ...orized by the Court's order and may not amend the complaint to add a new party or cause of action without having obtained permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendant The Regents of the University of California to give notice. REASONING Defendant The Regents of the University of California (“Defendant”) demurs to each claim alleged in Plaintiff Janis Hoffman (“Plaintiff”)'s complaint...

Excerpt: ... sexually abused by a former employee of Defendant City of Santa Monica, Eric Uller. Plaintiff alleges that the abuse began in 2003 when he was 11 and continued for 2.5 years until 2005. During that period, Uller sexually abused Plaintiff multiple times, including oral and anal rape. The operative complaint alleges three claims for (1) negligence – negligent supervision, (2) negligence – negligent hiring and retention, and (3) negligent infli...

Excerpt: ...eclaration in support of an automatic extension. Defendant demurs to Plaintiff's complaint. Plaintiff has not filed an opposition. LEGAL STANDARD – DEMURRER “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 testing the sufficiency of a cause of action, a court accepts “[a]s true all material facts properly pled and matters w...

Excerpt: ...n consolidated with the civil action ¿¿ MOTION:¿ (1) Antonio Trujillo's Demurrer¿ (2) Lucila Parra's Demurrer ¿ Tentative Rulings: (1) Antonio Trujillo's Demurrer¿is SUSTAINED without leave to amend unless Plaintiff identifies what specific amendments can be alleged to allow one last opportunity to cure the pleading defects (2) Lucila Parra's Demurrer is also SUSTAINED with the same views by the Court on leave to amend. ¿ I. BACKGROUND ¿�...

Excerpt: ...pposing party's pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. 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 39 Cal.3d 3...

Excerpt: ... in Section A, Row 13, Grave 1 at 2161 Fullerton Rd., Rowland Heights, CA 91748 (“subject premises”). On November 15, 2020, Plaintiffs visited William's burial site and noticed that his headstone was no longer there and was replaced with a headstone belonging to someone else. Plaintiffs learned that William's burial site was disinterred and his remains were relocated to an adjacent burial site without Plaintiffs' knowledge and/or consent. On ...

Excerpt: ...nager by KPMG, LLC (“KPMG”). During his employment, Plaintiff notified his Performance Management Leader, Alia Pallera, that he would be t aking paternity leave on March 3, 2023 in anticipation of the birth of his child. On February 15, 2023, Plaintiff was terminated from his employment with KPMG. On August 8, 2023, Plaintiff filed this action against Defendants, KPMG, Alia Pallera, Richard Ho, and Joseph Roppo, alleging causes of action for:...

Excerpt: ...laintiff filed the Complaint- in-Interpleader on October 17, 2022. Plaintiff alleges the following facts. Plaintiff represented Pamela Hutchins in a motor vehicle injury action. Hutchins sought medical treatment. The medical providers provided services pur suant to a lien. Eventually, Hutchins' action settled for $250,000. Plaintiff filed the instant interpleader action and deposited all monies allocated to the medical providers with the Court. C...

Excerpt: ... (Plaintiff) First Amended Complaint (FAC). The demurrer placed into issue all six causes of action (COA) for business disparagement, interference with contract, libel, breach of contract, breach of implied covenant of good faith and fair dealing, and unjust enrichment. Defendant's Reply was due March 5, 2024 but none was filed. Discussion Defendant argued that the first COA for business disparagement and the third COA for libel failed to plead a...

Excerpt: ...item, Kevin Clark Defendants Dignity Community Care dba Northridge Hospital Medical Center's Demurrer to the First Amended Complaint The court considered the moving, opposition, and reply papers. RULING The motion is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the first cause of action in the FAC. BACKGROUND On October 3, 2023, plaintiff Barbara Clark, by and through her guardian ad litem, Kevin Clark, filed a complaint against Prime Healthcare C...

Excerpt: ...notice. Plaintiff's Request for Judicial Notice is GRANTED. (Cal. Ev. Code §452.) This is a lemon law action. Plaintiffs Juana Rodriguez Mendoza and Jose Alba Rodriguez (“Plaintiffs”) filed this action on July 12, 2023. Plaintiffs allege Defendant American Honda Motor Co., Inc. (“Defendant”)) did not disclose and actively concealed defe cts involving the Honda Sensing Defect affecting Plaintiffs 2023 Honda HR-V. Plaintiffs' Complaint ass...

Excerpt: ...able Trust RESPONDING PARTY : Plaintiffs Jose Santoyo and Rosa Santoyo SERVICE: Filed October 25 and 26, 2023. OPPOSITION: Filed February 28, 2024 REPLY: Filed March 5, 2024 RELIEF REQUESTED Defendant demurrers to Plaintiffs' first, third, fourth, fifth, sixth, seventh, eighth, and ninth causes of action. Defendant moves to strike Plaintiffs' prayer for injunctive relief, punitive damages, and attorney's fees. BACKGROUND This case arises out of P...

Excerpt: ...rdado (“Plaintiff”) filed this action against defendants Los Angeles County Metropolitan Transportation Authority (“LACMTA”), et al. for damages arising from a motor vehicle accident. The complaint alleges that Plaintiff was a passenger on defendants' bus, when defendant Joh n Doe suddenly applied the brakes while the bus was in motion, causing Plaintiff to fall off her seat. The complaint sets forth two causes of action for (1) motor veh...

Excerpt: ...t's Motion to Strike Portions of the Complaint is DENIED. Defendants Heda Construction Inc. and Hirbohd Hedayat are ordered to file their Answer to the Complaint in ten (10) days. BACKGROUND This is a breach of contract action arising from a credit purchase agreement. In March 2023, Plaintiff Consumers Pipe & Supply Co. (Consumers Pipe) entered into a credit application and sales agreement with Defendant Heda Construction Inc. (Heda Construction)...

Excerpt: ...in his complaint for breach of contract is SUSTAINED with 20 days leave to amend. Plaintiff fails to allege damages which resulted from the breach of contract. Defendant Brady Blaske's Motion to Strike Punitive Damages is SUSTAINED for the breach of contract cause of action. Punitive damages are not allowed in a breach of contract cause of action pursuant to Civ. Code § 3294. The essential elements of breach of contract are “(1) the existence ...

Excerpt: ... dispute over Defendants' alleged failure to pay “non -contracted” or “out - of-network” Plaintiffs for psychological and/or psychiatric care, treatment, and services provided to patients insured by Defendants. Plaintiffs Marks House LLC/Hillcrest Teen Treatment Center; Bailard House LLC/Beachside/Malibu Teen Center; and The Meadowglade (“Plaintiffs”) have brought nine causes of action in the First Amended Complaint (“FAC”) agains...

Excerpt: ...ED and DENIED. Plaintiff to give notice. I. DEMURRER A demurrer should be sustained only where the defects appear on the face of the pleading or are judicially noticed. (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. Ki...

Excerpt: ... lemon law action. Plaintiff Lorena Quiroz (“Plaintiff”) filed her First Amended Complaint on August 8,2023. Plaintiff alleges that American Honda Motor Co., Inc. (“Defendant”) did not disclose and actively concealed defects involving transmission s affecting Plaintiff's 2019 Honda Odyssey. Plaintiff's FAC asserts the following causes of action: (1) Violation of Song - Beverly Act (Breach of Express Warranty); and (2) Fraudulent Inducemen...

Excerpt: ...e tenant for their commercial building. Plaintiff alleges Defendants represented to Plaintiff they found a tenant who would run a legal smoke shop and ran a background check on the tenant; however, these representations were false. Plaintiff alleges Defendants did not run a background check and the tenant operated a cannabis shop in violation of the agreement and as prohibited by the Department of Cannabis Regulation. Defendant previously demurre...

Excerpt: ...t considered the moving, opposition, and reply papers. RULING The demurrer is sustained with leave to amend as to the first and second causes of action. The motion to strike is moot. Moving party is ordered to give notice of ruling. BACKGROUND On August 16, 2023, plaintiff Gary R. Herron II filed his complaint against defendants City of Los Angeles, Hyatt Corporation, and Does 1 through 30 alleging premises liability. On October 4, 2023, plaintif...

Excerpt: ...ncies Act (“ICRAA”), (2) invasion of privacy, and (3) declaratory relief. Plaintiffs later named Defendant TransUnion Rental Screening Solutions Inc. as Doe 1. On August 11, 2023, Defendant filed a demurrer and a motion to strike. Plaintiffs' request for judicial notice of two other complaints in different actions is denied as irrelevant. DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda ...

Excerpt: ... settled, and James L. Canedo has been added to the action. The TAC includes causes of action for medical negligence, medical battery, and fraud/intentional concealment. 2. Motions for Summary Adjudication a. Summary of Issues Presented There are three summary adjudication motions on calendar today. They are brought by Sobol, Drobot, and Canedo. Each of the motions seeks adjudication of the fifth cause of action for fraud/intentional concealment....

Excerpt: ... an evasive response to a discovery request; disobeying a court order to provide discovery; and making or opposing, unsuccessfully, a motion to compel without substantial justification. (Id.) Possible sanctions include a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney's fees, incurred by anyone as a result of tha...

Excerpt: ...a medical malpractice case. On June 2, 2022, plaintiff Beth Browne, an incompetent person, by and through her Guardian Ad Litem, Phillip Browne, filed this action (LASC Case No. 22STCV18128) against defendants Pomona Valley Hospital Medical Center, Phillip Lopez, RN, Janice Valledor, RN, Alan M. Wong, D.O., Kevin Goldman, M.D., Adeel M. Popalzai, D.O. (Defendant or Popalzai), Daniel R. Heitz, M.D., and Does 1 through 30, alleging one cause of act...

Excerpt: ...and to Dismiss Action as to Artiano Appetizers, only is granted. Background Plaintiff filed the Complaint on January 24, 2019. Plaintiff alleges the following facts. This is a commercial unlawful detainer action. Motion to Set Aside Default CCP § 473(b) states, in relevant part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against ...

Excerpt: ...ration (“Target”) and Edgar Villasenor (“Villasenor”) for damages arising from a slip and fall. The FAC alleges defendants caused a known or discoverable dangerous condition to exist on their property creating a risk of harm to all persons coming onto the described premises. The complaint alleges a single cause of action for general negligence against defendants. On May 10, 2023, the Court granted the parties' stipulation and order to dis...

Excerpt: ...equent sexual trauma in order to establish, to the jury, that her emotional distress was caused, at least in part, by subsequent events and not by her childhood experience. Notably, the fact that Plaintiff has suffered subsequent sexual trauma is not disputed; Plaintiff has conceded sexual and other violence at the hands of her ex-husbands during discovery. Plaintiff, in opposition to the motion, relies on Knoettgen v. Superior Court (1990) 224 C...

Excerpt: .... On February 23, 2023, Defendants filed a motion for summary judgment. On May 1, 2023, Plaintiff filed his opposition to the motion for summary judgment. On November 17, 2023, Defendants filed their reply. On January 22, 2024, Defendants filed this motion to seal portions of documents filed with Plaintiff's opposition and Defendants' reply. LEGAL STANDARD Unless confidentiality is required by law, court records are presumed to be open to the pub...

Excerpt: ...p. (“Royal”) bought the property located at 521 N. Canon Drive, Beverly Hills, California (the “Property”) with the intent of remodeling and then re- selling it. (Compl. ¶13.) Plaintiff 521 N. Canon Dr. LLC (“Canon”) was formed to secure construction financing. ( Id. ¶16.) Royal later sold the Property to Canon. ( Id. ) Royal entered into a written agreement with Defendant Roman James Design Build Inc. (“RJDB”) for general contr...

Excerpt: ... defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed.” Section 583.250 provides: “(a) If service is not made in an action within the time prescribed in this article: (1) The action shall not be further prosecuted and no further proceedings shall be held in the action. (2) The action shall be dismissed by the court on its own motion or on motion of any person interested in the action, wheth...

Excerpt: ...ry 22, 2019. On November 8, 2023, Defendants Jerome Lee Brandehoff and The Hertz Corporation (“Defendants”) issued a subpoena for records to T -Mobile USA, Inc., seeking Plaintiff's phone records for the entire day of the incident. Plaintiff now moves to quash the subpoena, arguing that it is irrelevant, overly board, violates her right of privacy, and not compliant with the Code of Civil Procedure. Plaintiff also seeks monetary sanctions. De...

Excerpt: ...TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self -represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the tria...

Excerpt: ...iled their complaint on December 28, 2021, asserting one cause of action for negligence against Jason Adam Over lander and Does 1 through 50 (the “Marquez Action”). In the other case, Case No. 21STCV47478, Plaintiffs Jennie Journo Weingarten and Lishai Weingarten (collectively, the “Weingarten Plaintiffs”) filed their complaint on December 30, 2021, asserting causes of action for motor vehicle negligence and general negligence against Jas...

Excerpt: ...e Ahyden Herrera is a minor, Aida was appointed guardian ad litem on March 11, 2019. On June 28, 2022, Plaintiffs filed a notice of settlement of the entire case. On September 14, 2022, Plaintiffs' action was dismissed with prejudice, pursuant to Plaintiffs' request for dismissal. (Dismissal filed 9/13/22.) On February 21, 2024, Plaintiffs filed the instant motion to set aside and vacate the dismissal so that they may file a petition to approve a...

Excerpt: ...uction (“Mosman's Town & Country Carpet & Construction” and collectively “Defend ants”) are former commercial tenants of hers. Plaintiff further alleges damages stemming from their time as her tenants. On January 18, 2023, Plaintiff filed her Complaint alleging once cause of action for General Negligence and four causes of action labelled “Intentional Tort.” On February 24, 2023, Defendants filed their Demurrer with Motion to Strike t...

Excerpt: ... at 9:30 a.m. in Department SE-C. III. Defendant's Motion to Compel Further Responses to Requests for Production is CONTINUED to Tuesday, May 21, 2024 at 9:30 a.m. in Department SE-C. Defendant to give notice. Background This case involves a March 17, 2021 collision of two sanitation trucks in the driveway of a landfill in Santa Fe Springs, California. The truck owned by Defendant UNIVERSAL WASTE SYSTEMS, INC. (“Defendant”) drove into the rea...

Excerpt: ... “Apartment”), which was owned by defendant Ralph Shaffer (“Ralph”), for which defendant Abrienne Schaffer (“Abrienne”) was the “acting landlord,” which was managed by defendants V ivian Sypien (“Vivian”) and Andrew Sypien (“Andrew” and, together with, Abrienne, and Vivian, “Moving Parties”), and for which defendant Isaac Stewart (“Isaac” and, together with Ralph and Moving Parties, “Defendants”) was “acting ...

Excerpt: ...p, Inc. filed a complaint against Defendant JP Morgan Chase Bank National Association for breach of contract, accounting, and conversion. Plaintiff opened an account with Chase in November 2020, ending in 3103. Pl aintiff alleges it made an initial deposit of $3,784.29 and a second deposit of $23,000.00 for a total amount of $26,784.29. Plaintiff further alleges Chase closed the account ending in 3103 without prior notice to Plaintiff (when the a...

Excerpt: .... Plaintiffs allege the following facts. Plaintiffs are tenants of a property located at 5408 W. 149th Pl. Unit #3 Hawthorne, California, 90250. The property suffers from numerous habitability problems inclu ding electrical issues, leaks, and mold. Plaintiffs allege the following causes of action: 1. Breach of Contract; 2. Breach of Implied Warranty of Habitability; 3. Refund for Security Deposit and Penalty for Bad Faith Retention; 4. Negligence...

Excerpt: ...relevant, false or improper matter¿inserted in any pleading¿” or any part of a pleading “¿not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.¿” (¿Code Civ. Proc., § 436¿.) “¿The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.¿” (¿Code Civ. Proc., § 437¿.)¿ DISCUSSION...

Excerpt: ...o avoid confusion). The Court DENIES Jay's motion to strike. Background Jay and Frank are brothers and business partners. Each of them owns 50 percent of the outstanding shares in Modernica, Inc. (“Modernica”). Jay filed this action against Defendants Frank and Modernica, Inc. (collectively, “Defendants”) on September 20, 2022, raising claims for (1) involuntary dissolution of Modernica pursuant to Corporations Code sections 1800 and 1804...

Excerpt: ... prayer] RULING: The Court requests further briefing. SUMMARY OF ACTION Plaintiffs Avo Topjian and Lilia Iranoosian (Plaintiffs) filed this case on September 1, 2023. Plaintiffs' First Amended Complaint (FAC) alleges that Topjian was driving and Iranoosian was a passenger when their vehicle was rear -ended by Defendant Charles Orellana, who was driving a vehicle which Plaintiffs believe to be insured in the name of Defendant Florence Seckler. Aft...

Excerpt: ...otion to Strike Plaintiffs Andrew Myers and David Desmonds' Punitive Damages allegations and Prayer for Punitive damages is DENIED. Plaintiffs plead sufficient factual allegations for a ju ry to possibly find Defendants acted with malice towards the Plaintiffs. “As the California Supreme Court long ago explained: “ ‘Exemplary or punitive damages are not recoverable as matter of right. Their allowance rests entirely in the discretion of the ...

Excerpt: ...n May 1, 2023, plaintiff Fernando Castillo (Plaintiff) filed this action against defendant T -Mobile USA, Inc. (erroneously sued as T -Mobile US, Inc.) (Defendant) and Does 1 to 20, alleging causes of action for negligen t products liability, strict products liability, breach of warranty, and negligence (general). On February 5, 2024, Defendant filed a motion to strike Plaintiff's prayer for punitive damages. The motion is unopposed. LEGAL STANDA...

Excerpt: ... cation 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 judgm ent, dismissal, order, or proceeding was taken . . . . Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six mont...

Excerpt: ...��Kim” or “Defendant”), vehicle while he was employed by Defendant, Uber Technologies. Plaintiff alleges that at the time of the incident, Kim was distracted by the Uber App, and that the Uber App blocked Kim's view. Plaintiff alleges one cause of action for negligence. II. ARGUMENTS Plaintiff argues she served Defendant Kim with a first set of special interrogatories on August 29, 2023. Defendant objected to the interrogatories at issue. D...

Excerpt: ...Plaintiff Krystal Shin, by and through her parent and guardian ad litem (“GAL”) You Sun Jang (“Plaintiff”) RESPONDING PARTY: Defendant PlayCore Wisconsin Inc. (“Defendant” or “PlayCore”) NOTICE: ok RELIEF REQUESTED: An order from this Court compelling Defendant PlayCore to produce further responses to Plaintiff's Demand for Production, Set One, Nos. 1 - 42, and imposing monetary sanctions in the amount of $4,400.00 against PlayCor...

Excerpt: ...ponses to Requests for Production (SET ONE), Nos. 16 –17, 22–25 as to Defendant General Motors, LLC is GRANTED. Defendant is ordered to serve further responses without objection in ______ da ys. Plaintiffs have abided by the statutory requirements of CCP § 2031.310 with its request for further responses to RFP. RFPs Nos. 16– 17, and 22– 25 are reasonably calculated to lead to the discovery of admissible evidence. Request Nos. 16 –17, a...

Excerpt: ...XUAL HARASSMENT AND DISCRIMINATION AND GRANTED AS TO THE REMAINING CLAIMS. THE ACTION IS STAYED. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self -represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND On September 14, 2023, Plaintiff filed a complaint again...

Excerpt: ...in this action on April 8, 2021, asserting causes of action for premises liability and negligence against City of Beverly Hills (“City”), Excel Paving Company, and Does 1 through 50. On May 13, 2021, City filed its answer to the complaint and a cross -complaint for indemnity against Palp, Inc. dba Excel Paving Company (“Palp”) and Roes 1 through 50. On April 18, 2022, Plaintiff amended her complaint to name Palp as Doe 1. Following a vaca...

Excerpt: ...Shumsdean Ismail 5. Declaration of Counsel Richard Nagby OPPOSITION PAPERS 1. None filed. REPLY PAPERS 1. None filed. BACKGROUND On November 2, 2021, Plaintiff Amanda Williams (“Plaintiff”) filed a complaint against Defendants Sufi Ismail, Cars4Less, Salvador Cisneros, and Does 1 to 100 for negligence surrounding a motor vehicle accident. The complaint alleges that the motor vehicle accident occurred on September 24, 2020, on the 110 freeway....

Excerpt: ...ernative, Summary Adjudication The court has considered the moving, opposition, and reply papers as well as the amended opposition and sur-reply. The court DENIES Defendants' motion for summary judgment with respect to the Complaint. The court DENIES Defendants' motion for summary adjudication in its entirety as it relates to the Complaint. Background This action arises from an employment dispute. Plaintiff Danny Allen Silva (“Plaintiff”) fil...

Excerpt: ...nt alleges, on March 29, 2022, Plaintiff Ed Michaels (Plaintiff) was injured by Defendants Cedars -Sinai Medical Center (Cedars -Sinai), California Rehabilitation Institute, and Alexandra Strouss, M.S., in the course of their treatment and care of Plaintiff. The Complaint contains a single cause of action for professional negligence/medical malpractice. Defendants California Rehabilitation Institute, LLC and Alexandra Strouss, M.S. (Defendants) n...

Excerpt: ...fendant instructed Plaintiff after receiving her work status report, particularly when in her de position she denied speaking to Plaintiff after receiving the report. (Opposition Exh. 3 at pp. 57–58.) Plaintiff's remaining objections are OVERRULED. II. SUMMARY JUDGMENT A party may move for summary judgment “if it is contended that the action has no merit or that there is no defense to the action or proceeding.” (Code Civ. Proc. § 437c, sub...

Excerpt: ...and mat erials. In 2005 the Wolfs signed a promissory note for $500,000 in favor of Jerry and Orit Kohen, secured by a deed of trust on the Wolfs' home. Between 2005 and 2015, Yaakov Wolf made payments toward satisfaction of the purported debt. In 2016, the Kohens assigned the note and deed of trust to defendant Haroni. The Kohens argue the Wolfs repeatedly drew on a line of credit created by the promissory note; the Wolfs argue Eisenberg drew on...

Excerpt: ...ity from a slip and fall occurring on November 3, 2020. On February 5, 2024, Defendant filed this motion for terminating sanctions, and monetary sanctions. Plaintiff filed her opposition on February 23, 2024. Defendant filed its reply on February 29, 2024. Legal Standard When a party “fails to obey an order compelling further response to interrogatories, the court may make those orders that are just, including the imposition of an issue sanctio...

Excerpt: ...dant Community Care Rehab Center LLC. On June 19, 2023, Defendant served its unverified and allegedly deficient responses to Form Interrogatories, Set One. After meeting and conferring, Plaintiff filed a motion to compel further responses on August 31, 2023. Plaintiff seeks further responses to Form Rog Nos. 12.1 and 17.1. Defendant's sole ground for opposition is that Plaintiff's motion is deficient because she did not file a memorandum of point...

Excerpt: ...D. PLAINTIFFS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self -represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers. No opposition was filed. CCP § 397 provides, The court may, on motion, change the place of trial in the following cases: (a) When the court designated in the complaint is not the pro...

Excerpt: ...NDARD “To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose…sanctions against any one engaging in conduct that is a misuse of the discovery process.” (Code Civ. Proc. section 2023.030.) The court may impose a terminating sanction for misuse of the discovery proce...

Excerpt: ... action for FEHA violations and a violation of Labor Code section 1102.5 against his former employer, Defendant Natures Image, Inc. (De fendant). On January 23, 2024, Defendant filed a “petition” to compel arbitration pursuant to the parties' arbitration agreement.[1] Plaintiff opposed the petition. A reply was filed. The motion to compel arbitration is granted. Evidentiary Issues Plaintiff's objection to the reply as untimely is overruled. P...

Excerpt: ...while Plaintiff was riding on a bus. On December 30, 2021, Plaintiff filed an amendment to the complaint, substituting Defendant Antoine Dean Jackson (“Jackson”) as Doe 2. On March 25, 2022, Jackson filed an answer. On December 11, 2023, Jackson filed a cross complaint against Los Angeles County Metropolitan Transportation Authority (“LACMTA”). LACMTA now moves to compel Jackson's deposition. LACMTA also seeks monetary sanctions. Jackson ...

Excerpt: ...Christian Lopez, Amador Amas, Natalie Nunez, Raymundo Flores, and Sabino ( also include last name for Sabino.) This is not a class action. Monetary sanctions in the sum of $1,260 are awarded in favor of plaintiff Adriana Soto against defendant Puretek Corporation and its lawyers, Mohajerian APLC, jointly and severally, for advising it to not further respond, pursuant to Section 2030.300(d) an d 2023.010, discovery abuse without substantial justif...

Excerpt: ..., 2023, Defendant filed a motion to compel arbitration. EVIDENTIARY OBJECTIONS Defendant's y Objections to Declaration of Plaintiff Juan Carlos Barahona are overruled. DISCUSSION When seeking to compel arbitration of a plaintiff's claims, the defendant must allege the existence of an agreement to arbitrate. (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 219.) The burden then shifts to the plaintiff to prove the falsity of the agr...

Excerpt: ...t caused her injury was the result of (among other things) negligent work in her home performed by defendants. On April 7, 2022, Plaintiff filed the Complaint in this action asserting causes of action for negligence and negligent hiring, supervision, and retention against Defendants P.W. Stephens Environmental, Inc. (“PWSE”), Mike Jabbour (“Jabbour”), and Does 1 th rough 50. After Jabbour's demurrer was sustained with leave to amend, Plai...

Excerpt: ...anctions. Plaintiff opposes the motion and seeks sanctions. LEGAL STANDARD Section 2025.450(a) provides that after service of a deposition notice, if a party fails to appear without service of a valid objection, the party giving the notice may move for an order compelling the deposition. A motion to compel deposition attendance m ust include a declaration showing that the moving party inquired about the nonappearance. CCP §2025.450(b)(2). “Imp...

Excerpt: ...to provide Plaintiff with the text of the outstanding discovery requests and orders Plaintiff to provide supplemental responses within 30 days of receipt of the discovery requests. The Court DENIES the request for sanctions. Background This is a landlord- tenant case. Plaintiff lived at 404 N. Maple Drive, Unit 302 (the “Property”) for roughly nine years. Plaintiff alleges that the Property suffered a number of issues including mold growth, a...

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

Excerpt: ...nding Party: Plaintiffs John Yelusich and Donna Yelusich Defendants Driftwood Healthcare & Wellness Center, LC, Citrus Wellness Center, LLC, and Driftwood Healthcare Center's Motion to Compel Arbitration and Stay Court Proceedings The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. Proceedings in this action are stayed pending the outcome of the arbitration. BACKGROUND On May 17, 2023 John Yelusich and Don...

Excerpt: ...oemi Vasquez Notice: OK Ruling: The Motion to Compel Arbitration is GRANTED. Moving Party to give notice. BACKGROUND This is an employment action. On July 7, 2023, Plaintiffs Paola Arriaga -Martinez, Desiree Crosthwaith, Angelica Quinones, and Noemi Vasquez filed a complaint against Defendants UnitedHealth Group Incorporated, Optum Care, Inc., and OptumCare Management, LLC, and John Kennedy alleging causes of action regarding her employment with ...

Excerpt: ...k Santos's consent to assign the International Agreement to Grupo Lauman or its affiliates, including Altener.” (Mot., p. 1.) Santos argues “Defendants' recent assertion that they would have requested Santos's consent to before assigning the International Agreement to Grupo Lauman has no evidentiary support because it is not true, and because it directly contradicts Defendants' consistently held position since at least 2021.” (Ibid.) The mo...

Excerpt: ...24 Motion To Vacate and Enter Different Judgment The court considered the moving papers. No opposition or reply papers were filed. RULING The Motion to Vacate and Enter Different Judgment is denied. BACKGROUND Plaintiffs allege Defendant Los Angeles County Metropolitan Transportation Authority is using Plaintiff's private property for public usage without compensation. Plaintiffs allege Defendants Evan Rosenberg and Alvin Kusumoto converted the p...

Excerpt: ...omplaint on April 11, 2023, and the First Amended Complaint was filed on May 15, 2023. Plaintiff alleges the following facts. On April 14, 2021, Plaintiff tripped and fell trying to board a Gardena Transit bus. On April 18, 2021, Plaintiff slipped and fell trying to exit a Gardena Transit bus. Plaintiff alleges the following causes of action: 1. Liability Pursuant to Cal. Gov. Code §§ 905 and 945; and Various California Statutes; 2. Liability P...

Excerpt: ...t). Background This is a negligence case. Plaintiffs MELISSA MOORS (wife) and KAYLEAH MOORS (daughter) (collectively, “Plaintiffs”) bring forth the instant action for the death of Julian Moore (“decedent”) who was struck when the wheel of Defendant ALBERT BENJAMIN ESQUED A's vehicle detached and struck decedent's motorcycle. On May 10, 2021, Plaintiffs filed suit. On June 8, 2022, EMS filed their Answer to Plaintiffs' Complaint. On Se...

Excerpt: ... The claims against the moving Defendants are dismissed with prejudice. Background This case arises from a car accident that happened in Virginia wherein the subject tire separated from the vehicle, causing decedent (Maryland resident) to lose control of his vehicle and crash into a guardrail. [1] On August 9, 2023, Plaintiffs BENJAMIN ANDREWS, an individual, as personal representative of the ESTATE OF CRAIG RICARDO ARTHURS, deceased, and on beha...

Excerpt: ...d Plaintiff filed the Complaint on July 13, 2023. Plaintiff alleges the following facts. Plaintiff leased property at 400 East Manchester Boulevard, Suite B, Inglewood, CA 90301 for her bail bond business. The property began to have a foul odor and flood. Th ere was also a broken window that Defendant refused to repair. Plaintiff repaired it herself. In retaliation for Plaintiff deducting the expenses of the repairs from the monthly rental amount...

Excerpt: ...an Shabbouei (“Plaintiff”) filed the complaint against Defendants Jesse Alderman, Sean Suh, and Does 1 through 50 (collectively, “Defendants”). The complaint alleges (1)breach of contract, (2) open account, (3) ac count stated, and (4) negligence. In or about March, 2021, Plaintiff and Defendants entered into a written Residential Lease Agreement for the leasing of the Real Property by said Defendants from Plaintiff for a period commencin...