Excerpt: ...d C.C.P. §2032.220(a) provides, as follows: In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1)¿The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2)¿The examination is conducted at a location within 75 miles of the residence of the examinee...

Excerpt: ...nst defendant Joseph Daniel Davis. On September 1, 2023, Plaintiff filed a Verified Second Amended Complaint (“SAC”) against defendants Joseph Daniel Davis, Hilary Davis, and Randi Desnoes. The SAC alleges causes of action for (1) “perjury by Defendants Joseph D. Davis and Hilary Davis Regarding the Transfer of Title of the Ketchum Home to Hilary Davis,” (2) “intentionally transferring $3.5 million to Nevis Island to ‘Hinder, Delay, o...

Excerpt: ...everly Consumer Warranty Act action, Plaintiff Dayna Campbell (Plaintiff) alleged two causes of action: (1) breach of express warranty; and (2) breach of the implied warranty of merchantability. Prior to trial, Defendant BMW of North America, LLC (Defendant or BMW) served an offer of compromise upon Plaintiff under Code of Civil Procedure section 998 (998 Offer). Plaintiff rejected this 998 Offer. Following trial, the jury found no breach of the ...

Excerpt: ...onsidered the moving, opposition, and reply papers. The court GRANTS Plaintiffs' motion for attorney's fees. The court awards Plaintiffs attorneys' fees in the reduced amount of $119,760. Background On March 8, 2021, Plaintiffs Victor Burga and Adrienee Han (collectively, “Plaintiffs”) submitted a written offer to purchase 119 N. Manhattan Place, Los Angeles CA from Defendant Hoangtram Tong (“Seller”). On March 11, 2021, Defendant accepte...

Excerpt: ... Subsequently, IWS alleges the vehicle developed defects with its check engine light, engine, ECM, and fuel system. On January 12, 2023, IWS filed a complaint against General Motors and Does 1 -10, alleging a violation of the Song -Beverly Consumer Warranty Act. On May 11, 2023, IWS filed a motion to compel the deposition of General Motors' person most qualified. On June 8, the court granted IWS's motion in part and denied in part. On June 20, 20...

Excerpt: ...ike Portions of Plaintiffs' Second Amended Complaint is CONTINUED to a date to be determined at the hearing in Department G (Pomona). Defendant's counsel is also ordered to meet and confer with Plaintiffs' counsel regarding the Demurrer and Motion to Strike and to file a supplemental declaration describing such meet and confer efforts at least nine (9) court days before the next scheduled hearing on the Demurrer and Motion to Strike. BACKGROUND T...

Excerpt: ...s). Background This is a habitability case. On December 28, 2023, Plaintiff Aurora Mora filed suit against Defendants AAENESON PROPERTIES dba WALNUT PARK APARTMENTS, P.F.C. ENTERPRISES, INC. dba ALLEN PROPERTIES asserting the following causes of action (COAs): 1. BREACH OF WARRANTY OF HABABILITY (CONTRACT) 2. BREACH OF WARRANTY OF HABABILITY (STATUTE) 3. BREACH OF CONTRACT 4. NUISANCE On February 8, 2024, the instant demurrer and motion to strike...

Excerpt: ...RD HOLDINGS, INC., a California corporation, LOCKEFORD HOLDINGS WATER DISTRICT, LLC, a California limited liability company, and DOES 1 through 50, inclusive, Defendants. Case No.: 23STCV04491 Hearing Date: 3/11/24 Trial Date: N/A [TENTATIVE] RULING RE: Defendants Patrick W. Daniels, Scott Sinnett, Aaron Greene, Mark Greene, Michelle Greene Johnson, Greene Brothers Farm, Inc., Greene Bros, Inc., Lockeford Holdings, Inc., and Lockeford Holdings Wa...

Excerpt: ...ustained without leave to amend as to the 6th cause of action. Defendant Robert Assil (“Assil”) (“Defendant”) demurs to Plaintiff Timothy Hennessy's (“Hennessy”) (“Plaintiff”) second amended complaint (“SAC”) on the grounds that the 6th cause of action in the SAC fails to state facts sufficient to constitute a cause o f action against Assil and the SAC is uncertain. (Notice of Demurrer Assil, pg. 2; C.C.P. §§430.10(e), (f).)...

Excerpt: ...6, 2022, Plaintiff Boren, Osher & Luftman, LLP (“Plaintiff”) filed this action for breach of contract against Defendant Camilla Rose (“Defendant”). Defendant filed an answer on March 23, 2023. On December 12 and 13, 2023, the Court granted Pla intiff's motions to compel responses to form and special interrogatories, and request for production of documents, and awarded Plaintiff monetary sanctions. (Minute Orders, 12/12/23 and 12/13/23) Pl...

Excerpt: ...les's Demurrer to Plaintiff's First Amended Complaint [CRS# 4712]. I. Pleadings A. Pleadings Plaintiff S.C., by and through his guardian ad litem, Sergio Cardenas Sr. (S.C.'s father), sues Defendants County of Los Angeles (L.A. County) through its Department of Children and Family Services (DCFS), College Hospital, Los Angeles Unified School Distr ict (LAUSD), ABC Unified School District (ABC Unified), William Gee (Gee), and Does 1 through 10 pur...

Excerpt: ...g 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 lemon law action. In July 2023, Plaintiff Heqian Zhang allegedly entered into a warranty contract with Defendant Maserati North America, Inc. (Maserati) by purchasing a 2023 Maserati Grecale. Subsequently, Zhang alleges the vehicle exhibited numerous defects and nonconformities. Zhang then alleges Maserati failed t...

Excerpt: ...c Parking, Inc. (“Automac”), and Does 1 to 50 for damages arising from a slip and fall on water. Plaintiff filed amendments to complaint naming Octopus Japanese Cuisine, Inc. as Doe 1 and Octopus Restaurant Long Beach, Inc. (“Octopus Restaurant”) as Roe 2. On December 13, 2023, the Court granted 200 Pine's motion for summary adjudication (MSA) in part as to Octopus Restaurant's duty to defend 200 Pine against Plaintiff's claims. (Min. Ord...

Excerpt: ...ober 10, 2023, Plaintiff Lorna Murt filed her Complaint against Defendants Autism Spectrum Support Center LLC and Aki Kawamata on causes of action arising from Plaintiff's employment by Defendants. On February 13, 2024, Defendants filed their Demurrer to the Complaint. Defendants concurrently filed their Proposed Order. On February 15, 2024, Defendant Autism Spectrum Support Center LLC filed its Answer to the Complaint. On February 26, 2024, Plai...

Excerpt: ...STED: An order from this Court granting the demurrer to Plaintiff's Complaint TENTATIVE RULING: The demurrer is OVERRULED as to the First and Second Causes of Action. The Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND for the Third Cause of Action. BACKGROUND This action arises from a dispute over a written lease agreement between the parties. On July 17, 2023, Plaintiff initiated this action, alleging against Defendants Razi Dental, Inc., Saeid Ra...

Excerpt: ...laintiff The court considered the moving, opposition, and reply papers. RULING Defendant's Motion to Compel IME is GRANTED. However, the IME shall be limited to 4 hours and Defendant is ordered to provide results from the testing within 48 hours. Plaintiff is ordered to appear for IME on March 14, 2024 at 9:00 am within 75 miles of San Marcos, CA. BACKGROUND During the 2004- 2005 school year, Plaintiff was sexually assaulted by Thomas Wallace whi...

Excerpt: ...reakfast Cookies, Inc. (“Baker's) and Sprouts Farmers Market, Inc. The Complaint alleges one cause of action for violations of Health and Safety Code section 25249.6. In the Complaint, Plaintiff alleges that “[t]his Complaint seeks to remedy Defendants' continuing failure to adequately warn individuals in California that they are being exposed to lead, a chemical known to the State of California to cause birth defects a nd other reproductive ...

Excerpt: ...laintiff Chelle Johnson Defendant's Demurrer to Plaintiff's Complaint The Court considered the moving papers, opposition, and reply. Defendant's Demurrer to Plaintiff's Complaint is SUSTAINED with 20 days leave to amend. Background Chelle Johnson (Plaintiff) file a Complaint on March 1, 2023 against Klapach & Klapach, P.C. (Defendant) for the sole cause of action for legal malpractice. Defendant now demurs to the Complaint, Plaintiff opposes the ...

Excerpt: .... Plaintiff Damon Zielinski (“Zielinski”) (“Plaintiff”) moves for an order of sanctions against Defendant County of Los Angeles (“County”) (“Defendant”) and its attorneys of record, David Penner and Michele Goldsmith of BLG Law Group, in the amount of $3,860.00. (Notice of Motion, pgs. 1- 2; C.C.P. §2030.030.) Plaintiff moves on the grounds that De fendant has failed to respond to discovery, made evasive responses as to discovery...

Excerpt: ...or, by and through her Guardian ad Litem, Evangelina Hernandez; E.C. (“EC”), a minor, by and through his Guardian ad Litem, Evangelina Hernandez; R.C. (“RC”), a minor, by and through his Guardian ad Litem, Evangelina Hernandez [2] allege the following against Defendants COUNTY OF LOS ANGELES (“County”) and HATHAWAY -SYCAMORES CHILD AND FAMILY SERVICES (“Hathaway -Sycamores” or “Hathaway”) [3] : On July 6, 2019, Noah was murder...

Excerpt: ...laintiff 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 Form Interrogatories, Set One, Nos. 1.1; 3.6; 3.7; 12.1; 15.1; 16.1; 16.2; 16.3; 16.4 and 16.5, and imposing monetary sa...

Excerpt: ...e within 30 days of the date of the hearing. 2. Plaintiff, B.R. Building Resources Company's Motion to Compel Further Responses to Request for Production, Set 1, Propounded on Defendant Lawrence Feigen is GRANTED. Feigen is to provide further, Code -compliant responses to Requests Nos. 1 -11, 1 3, 16- 31 and 33 -41, as well as a supplemental privilege log, within 20 days from the date of the notice of ruling. Sanctions are awarded in the reduced ...

Excerpt: ...ach of contract, breach of the covenant of good faith and fair dealing, promissory estoppel, and failure to pay wages under Labor Code section 201. Plaintiffs allege as follows: Karyn McCarthy is a well -known and two -time Emmy nominated producer of television programs and motions pictures. (First Complaint, ¶ 11.) In February and March 2022, Plaintiff's agent solicited three opportunities for her to serve as executive producer of a new televis...

Excerpt: ...R RESPONSES TO SIS, SET ONE, IS GRANTED IN PART. THE REQUESTS FOR SANCTIONS ARE DENIED. PLAINTIFF'S MOTIONS TO COMPEL FURTHER RESPONSES TO DISCOVERY ARE DENIED. PLAINTIFF'S MOTION FOR PROTECTIVE ORDER IS DENIED. PLAINTIFF TO SERVE FURTHER RESPONSE TO THE SUBJECT DISCOVERY WITHIN 20 DAYS OF NOTICE OF RULING. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to oppos...

Excerpt: ...This is a lemon law action which arises from Plaintiff's lease of a 2020 Honda Accord. On December 21, 2022, Plaintiff filed a complaint against Defendant American Honda Motor Co. asserting causes of action for Violation of Song -Beverly Act and Fraudulent Inducement – Concealment. Plaintiff alleges their vehicle had a sensing defect, which Defendant knew about and concealed. Plaintiff filed a first amended complaint on April 17, 2023. [TENTATI...

Excerpt: ...2, plaintiff Michael Mizrachi (“Plaintiff”) entered a lease (the “Lease”) to rent residential real property (the “Property”) from defendants John Kyle Rosen (“John”), Layne M. Rosen (“Layne”), and JKLMRO Trust (the “JKLMRO” and, together with John and Layne, “Defendants”). (Complaint p. 1.) Two days later, Plaintiff paid Defendants $72,000, half of which was a security deposit and half of which was two months' worth of...

Excerpt: .... I. Background A. Pleadings Plaintiffs Jorge Hernandez Camacho and Sara Martinez sue Defendants Toyota Motor Sales U.S.A., Inc. (Toyota USA) and Does 1 through 10 pursuant to a May 18, 2023, Complaint alleging claims of (1) Violation of the Song -Beverly Act – Breach of Express Warran ty, (2) Violation of the Song -Beverly Act – Breach of Implied Warranty, and (3) Violation of the Song -Beverly Act Section 1793.2. The claims arise from the f...

Excerpt: ...e Mile Properties, LP Responding Party: Plaintiff Camilo Salazar Motion: Defendant's Motion to Compel Arbitration and Stay or Dismiss Proceedings The Court considered the moving papers, opposition, and reply. Defendant's Motion to Compel Arbitration is GRANTED. The proceedings are stayed until the completion of arbitration proceedings. Background This case stems from alleged violations of numerous labor codes. Camilo Salazar (Plaintiff) filed a C...

Excerpt: ... the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its discretion, to reach a final determinati...

Excerpt: ...the moving papers. No opposition or reply papers were filed. RULING Plaintiff's Motion to Approve Consent Judgment is GRANTED. BACKGROUND On April 7, 2023, Plaintiff Keep America Safe and Beautiful, Inc. filed this action alleging violation of the Safe Drinking Water and Toxic Enforcement Act of 1986, codified at Health and Safety Code §25249.6 , et seq. (“Proposition 65”). Plaintiff alleges Defendant Viking Cue Manufacturing, LLC failed to ...

Excerpt: ...W. Affeld Motion to Allow Additional Expert Testimony The court considered the moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Plaintiffs Michael LaPorta and Beverlee LaPorta (“Plaintiffs”) move the court for an order allowing their expert witness Robert Moss (“Moss) to testify at trial in this action against defendants Affeld Grivakes LLP and David W. Affeld (“Defendants”). Plaintiffs request this ...

Excerpt: ...., a California Corporation dba Health Care Providers Laboratory, filed on July 6, 2023, is hereby STRICKEN. The Court DENIES Plaintiff's request for entry of judgment in its favor. The Court DENIES Plaintiff's requests for monetary sanctions and attorney's fees. The Court will set a status conference regarding entry of default judgment. Plaintiff is ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND ...

Excerpt: ...cy, 5600 Gateway Center, LLC ("5600 Gateway'), H.B.D. Incorporated ("H.B.D.'O, Burger King Corporation for damages relating to an incident wherein Plaintiff alleges after he had an argument with one of defendants' employee, Plaintiff was shot in the back Complaint ("PAC") sets forth four causes of action for (1) negligence, (2) negligent hiring, training, supervision, (3) assault & battery, and (4) premises liability. Defendants 5600 Gateway and ...

Excerpt: ...se liability. Defendant further requested judicial notice (RJN) of the pleadings filed in this action. It is noted that Defendant's RJN incorrectly identified Plaintiff's “Unverified First Amended Complaint” but attached the Complaint, which is the operative pleading. The Court presumed the RJN had a typographical error and the RJN was to the operative pleading – the Complaint. Discussion Defendant argued that there is no triable issue of m...

Excerpt: ...ubmit 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, oppositions, and replies. BACKGROUND On February 24, 2022, Plaintiff Martina Silas filed the operative first amended complaint against Defendants The Fox Law Corporation, Inc., Steven Robert Fox, and Barry Roger Wegman, asserting ca...

Excerpt: ...ison H. Choi (“Defendants”) to appear for their depositions and to pay monetary sanctions. Trial is currently set for March 26, 2024. Any opposition was due on or before February 26, 2024; none was filed. II. Motion to Compel Deposition 1. Legal Standard CCP § 2025.450(a) provides, “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an o...

Excerpt: ...t that arose out of a voluntary mediation between David and Connie Reed (Plaintiffs) and Eddie Salinas and Cal Homes Group, Inc., (collectively, Defendants). On January 10, 2020, Plaintiffs attended a voluntary m ediation with Defendants and as a result, the parties signed and agreed to terms of a settlement (the Agreement). (Complaint, ¶¶ 9-11.) The Agreement stipulated that in consideration for Plaintiffs dropping their claims against Defenda...

Excerpt: ...F REQUESTED BY MOVING PARTY: Order compelling the deposition General Motors LLC's Person Most Qualified within thirty days. DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes, Exs. 8 -11 FACTUAL BACKGROUND: Plaintiff Keith Fearnside alleges that in January of 2021 plaintiff purchased a new 2021 Chevrolet Suburban, which was warranted by defendant General Motors LLC, with defendant providing an express warr...

Excerpt: ...C (Defendant). In the complaint, Plaintiff alleges the following causes of action: intentional misrepresentation, negligent misre presentation, breach of fiduciary duty, breach of implied covenant of good faith and fair dealing, constructive trust, accounting, and fraudulent conversion. On February 2, 2022, Plaintiff served a deposition notice for Defendant's person most qualified (PMQ). Defendant served objections and the deposition did not take...

Excerpt: ...ICE: NOT OK (fails to identify which discovery requests are at issue) RELIEF REQUESTED: Orders compelling Defendant's further responses to the following discovery requests: · Plaintiff's Requests for Admission (“RFAs”), Set One, Request No. 3. · Plaintiff's Requests for Production of Documents (“RFPs”), Set One, Request Nos. 4, 19, 21–24, 28–30, 33–38, 43– 46, 49, 52, 54– 56, 61, 63, 75, 79, and 81. TENTATIVE RULING: Plaintiff...

Excerpt: ...t medical examinations. Plaintiff opposes and Defendant replies. LEGAL STANDARD ¿ Physical Examination “In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2) The examination is conducted at...

Excerpt: ...2018, they purchased a new 2019 Honda Odyssey. They allege they entered into an express written contract with Defendant American Honda Motor Co., Inc. (“Defendant ”), referred to as the New Vehicle Limited Warranty. Plaintiff alleges that the transmission was defective. The transmission defect is described in the FAC as follows: The defective nature of the transmission equipped in vehicles such as the Subject Vehicle, (“9-Speed Transmission...

Excerpt: ...NDING PARTY: Plaintiff Tabitha De La Torre Motion for Relief from Waiver The court considered the moving papers, opposition, and reply papers filed in connection with Defendant's motion. Motion to Compel Further Responses to Special Interrogatories, Set One, and Request for Sanctions The court considered the moving papers, opposition, and reply papers filed in connection with Plaintiff's motion. BACKGROUND On June 2, 2023, Plaintiff Tabitha De La...

Excerpt: ...ayette Apt. Associates, LP (1) Motion to Compel Further Responses to Form Interrogatory (Set Two) No. 15.1 The court has considered the moving papers and opposition. No reply was received. The court GRANTS defendant/cross -complainant Derek Keane's motion to compel further responses to Form Interrogatory 15.1. The court orders plaintiff/cross -defendant Lafayette Apt. Associates, LP to serve further verified responses to Form Interrogatory 15.1 w...

Excerpt: ...dmissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.” (CCP § 2017.010; see Davies v. Superior Court (1984) 36 Cal.3d 291, 301.) “For discovery purposes, information is relevant if it ‘might reasonably assist a party in evaluating the case, preparing for trial, or facilitating settlement.' [Citation] Admissibility is not the test and information, unless privileged, is discoverable if it mig...

Excerpt: ...anitza Maravilla, and Andres Morales Rios, move the Court for an order compelling further responses to Plaintiffs' First Set of Requests for Production and for monetary sanctions in the amount of $2,610.00 against Defendant FCA US LLC and its attorneys of record, Ongaro P.C. “This motion is made on the grounds that Defendant FCA US LLC has not provided Code - compliant responses to Plaintiffs' Requests for Production numbers 45-46 pursuant to C...

Excerpt: ... CHRONOLOGY Date Discovery served: August 15, 2023 Date Responses served: October 23, 2023 Date Motion served: December 7, 2023 timely (ext. to 1/2/24) Meet and Confer? Ok, Ex. 4 FACTUAL BACKGROUND: Plaintiffs Mildred DeCastro, Estrella Choy, Avigdor Kessler, Izuchukwa Okpara, Else Grospe and Christian Escobar allege that in May of 2022, they were interested in purchasing a hospice care business in California which was authorized to participate i...

Excerpt: ... Defendant Smart & Final Stores, LLC (“Defendant”) with Demand for Production of Documents, Set Two. (Guillen Decl. ¶ 3, Exh. A.) The responses were due on November 14, 2023. (Id. ¶ 3.) Plaintiff asserts she did not gra nt any extensions to respond. On November 28, 2023, Plaintiff informed Defendant that responses were late and demanded responses, without objections, by December 1, 2023. On November 29, 2023, Defendant served responses with...

Excerpt: ...n Plaintiff on February 15, 2019. On February 21, 2023, Plaintiff's counsel Downtown L.A. Law Group was disqualified from representing Plaintiff in this matter. Joseph Farzam Law Firm was substituted in as attorney on December 6, 2023. On May 5, 2023, Defendant filed this motion to compel the deposition of Plaintiff and request for sanctions. Plaintiff's counsel filed a declaration in opposition on February 26, 2024. Defendant filed a reply on Ma...

Excerpt: ...ment Finance Agreement Nos. 140197, 144935, and 145073 with Defendant Boarlar, Inc. (“Borlar”) to finance certain equipment from a vendor. Plaitniff alleges that it remains the holder of the agreements and that Borlar defaulted on the agreements. Plaintiff alleges that Defendant Oleg Paul Mossounov (“Mossounov”) guaranteed each of the agreements. The complaint, filed May 31, 2023, alleges causes of action for: (1) breach of contract; (2) ...

Excerpt: ...tana ("Fontana"). Fontana is also a named defendant in this action. Any opposition to the motion was due by February 26, 2024; no opposition has been filed. II. Compel Deposition CCP S 2025.450(a) provides, "If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid o...

Excerpt: ...s and Defendant replies. LEGAL STANDARD “If, after service of a deposition notice, a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document . . . described in th e deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspe...

Excerpt: ...ay Proceedings The court considered the moving, opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On May 3, 2023, plaintiffs Serina Reed and Mitchell Reed filed complaint against Hyundai Motor America for violation of Song-Beverly Act – Breach of Express Warranty. On April 25, 2017, plaintiffs purchased a new 2017 Hyundai Elantra from South Bay Hyundai . (Ameripour Decl., Exhibit 2 Retail Installment Sale Contract “RISC”...

Excerpt: ..., fraudulent suppression of material fact, constructive fraud, intentional interference with contractual relationship, negligent misrepresentation, negligent interference with economic relationship, unfair competition and business practices, and declaratory relief. Plaintiff Textile House, Inc. alleges that in 2019, unauthorized wireless phone numbers were added to its account, causing Plaintiff to incur fraudulent charges in excess of $10,000. A...

Excerpt: ...P, INCL, AND AMERICAN GUARD SERVICES, INC.'S MOTIONS TO COMPEL ARBITRATION MOVING PARTIES: (1) Defendant S&S Entities, LLC (2) Defendant Vets Securing America, Inc. (3) S&S Management Services, LLC (4) Worldwide Sourcing Group, Inc. (5) American Guard Services, Inc. RESPONDING PARTY: (1)-(5) Plaintiff Creditors Adjustment Bureau, Inc. Motions to Compel Arbitration The court considered the moving papers and non- opposition papers. No reply papers ...

Excerpt: ...d opposition. No reply has been received. The court DENIES Defendant American Honda Motor Co., Inc.'s motion to compel arbitration. Background This is a “lemon law” case. On June 7, 2023, plaintiff Jeff Steven Eustice (“Plaintiff”) initiated this action against defendant American Honda Motor Co. Inc. (“Defendant”), alleged the following causes of action: (1) Violation of Subdivision (d) of Civil Code § 1793.2; (2) Violation of Subdiv...

Excerpt: ...o argument will be permitted unless a “ party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: Treyvon Derrell Cunningham (Plaintiff) brings this...

Excerpt: ...a motor vehicle collision. Defendant now moves for terminating sanctions agamst Plaintiff to dismiss Plaintiffs action for failing to serve verified discovery responses in compliance with the Courts August 24, 2023 Order pertaining to Defendants motion to compel discovery responses. Defendant requests monetary sanctions in addition to terminating sanctions. Any opposition was due on or before February 26, 2024; none was filed. II. Motion for Term...

Excerpt: ...dant Dixieline Builders Fund Control, Inc. and against Corazon Nieves, an individual and as attorney in fact for Rene Simon In the alternative, summary adjudication of each cause of action against Dixieline Builders, the first, second, third, fourth and fifth causes of action. ProBuild Motion Summary judgment in favor of defendant ProBuild Company, LLC and against Corazón Nieves, an individual and as attorney in fact for Rene Simon In the altern...

Excerpt: ...ges SUMMARY OF ACTION On February 23, 2021, the home of plaintiff Henghame Abaghi located at 23910 Stagg St., West Hills, suffered damage as 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 alleg...

Excerpt: ...ges SUMMARY OF ACTION On February 23, 2021, the home of plaintiff Henghame Abaghi located at 23910 Stagg St., West Hills, suffered damage as 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 alleg...

Excerpt: ...UDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION The Court considered the moving papers, opposition, and reply. Defendants Sumner and Harrison's Motion for Summary Judgment is DENIED. Defendants' Motion for Summary Adjudication is GRANTED as to the 2 nd cause of action for negligent misrepresentation and 3 rd cause of action for negligence and DENIED as to all remaining issues. Background Plaintiff invested $185,000 with Defendants for startu...

Excerpt: ...for punitive damages. A. Objections 1. Plaintiffs' Objections Nos. 1- 25: The court did not rely on this material. 2. Defendant's Objections to Bendon These objections are improper because Defendant did not identify the particular evidence to which it objects and it asserts the same boilerplate objections. For example, it objects to all of Exhibit C comprised of excerpts from Carroll Frizzell's deposition testimony without quoting or specifying t...

Excerpt: ...sue of fact that requires the process of trial.” (Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 334.) To show that a plaintiff cannot establish an element of a cause of action, a defendant must make the initial showing “that the plaintiff does not possess, and cannot reasonably obtain, needed evidence.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854.) “The defendant may, but need not, present evidence that conclusively ne...

Excerpt: ...uko Ortiz (1) Motion to Compel Plaintiff Yuko Ortiz's Responses to Supplemental Demand for Production of Documents (Set One) (2) Motion to Compel Plaintiff Yuko Ortiz's Responses to Request for Production of Documents (Set Three) (3) Motion to Compel Plaintiff Yuko Ortiz's Responses to Supplemental Interrogatories (Set One) (4) Motion to Compel Plaintiff Yuko Ortiz's Responses to Form Interrogatories (Set Three) The court considered the moving pa...

Excerpt: ...Complaint on 05/16/2023 against Defendants LA County Metro Trans Authority and Michael Jay Ahn. On 07/20/2023, Cross -Complainant, Los Angeles Country Metropolitan Transportation Authority, filed a Cross -Complaint against Cross -Defendant, Meri Iskandaryan. MOTION 1 Moving Party: Cross -Defendant, Meri Iskandaryan Responding Party: Cross -Complainant, Los Angeles County Metropolitan Transportation Authority Moving Papers: Motion; Proposed Order ...

Excerpt: ..., and reply papers filed in connection with this motion. DISCUSSION Defendant New Hampshire Ball Bearings Inc. (“Defendant”) moves the court for an order sealing exhibit 9 to the declaration of Teresa Avila -Martinez, filed by Defendant in support of its motion for summary judgment or, alternatively, summary adjudication ag ainst plaintiff Maria Sao (“Plaintiff”) on January 26, 2024. Generally, court records are presumed to be open unless...

Excerpt: ...al Interrogatories, Set One; Form Interrogatories - Employment Law, Set One; and Form Interr ogatories – General, Set One within twenty (20) days of entry of this order. The matters identified in Plaintiff Helena Vissing's Requests for Admission, Set One are deemed admitted against Defendant Antioch University as of the date of entry of this order . Plaintiff Helena Vissing's Request for Monetary Sanctions is GRANTED in the reduced amount of $9...

Excerpt: ...OVING PARTIES: Plaintiffs U-Haul Co. of California, U -Haul Co. of Arizona, and Arcoa Risk Retention Group, Inc. RESPONDING PARTY: N/A - Unopposed Plaintiffs' Motion To Set Aside And Vacate The Court's December 21, 2023 Dismissal Of Plaintiffs' Complaint The court considered the moving papers filed in connection with this motion. BACKGROUND This case stems from allegations of a staged motor vehicle collision involving Hayk Aleksandrovich, Armen M...

Excerpt: ...ved Defendant. For service of the Defendant in Mexico, Plaintiff must utilize either the Hague Convention or the Inter -American Service Convention. The Court sets an OSC re service of process for July 10, 2024 at 8:30 a.m. to determine the status of Plaintiff's efforts to properly serve Defendant. Background This is a property dispute over the residence of Plaintiff and his wife, Maria Perez (“Maria”) (the Court uses first names only to avoi...

Excerpt: ...rporation, Cross -Respondents. Case No.: 23STCP03462 Hearing Date: 3/8/24 Trial Date: N/A [TENTATIVE] RULING RE: Petitioners/Cross -Respondents Robert Schumann, and Real Estate West, Inc.'s Petition to Vacate Arbitration Award; and Respondents/Cross-Petitioners Robert Y. Greenberg and M. Susan Greenberg, as Trustees of the Greenberg Family Trust dated May 3, 1998's Petition to Confirm Arbitration Award. Background On September 19, 2023, Petitione...

Excerpt: ...e Tentative Ruling, no argument will be permitted unless a “ party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260 -8412. ALLEGATIONS: Synan Johnson (Plaintiff), in ...

Excerpt: ...o argument will be permitted unless a “ party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260 -8412. ALLEGATIONS: Before the Court is a petition made by Karo Papazya...

Excerpt: ... filed. RULING The unopposed petition is GRANTED provided that petitioner files proof of service that the petition and supporting documents were served on respondent. BACKGROUND Petitioner Herbert Neslon Messick filed a petition to confirm the arbitration award and for entry of judgment against respondent Cetera Advisor Networks LLC pursuant to CCP § 1280, et seq. Petitioner seeks an order of judgment confirming the final and binding Financial I...

Excerpt: ...Tentative Ruling, no argument will be permitted unless a “ party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: Two Nine Sports Inc. (Petitione...

Excerpt: ... MIL -010 and MIL -015, Petitioner has requested that the Court grant his Petition for relief from his mortgages for his residence located at 24313 La Montura Drive, Santa Clarita, CA 91354. Petitioner filed this petition pursuant to Military and Veterans Code § 409.3. Section 409.3 reads in relevant part: “(a) A service member may, at any time during their most current period of military service or within six months thereafter, petition a cou...

Excerpt: ...laintiff) on October 25, 2022. Additionally, Defendant propounded form interrogatories, set Ävo, on Plaintiff on December 15, 2022. On November 25, 2022, Plaintiffs counsel served unverified responses to the RPDs, and served unverified responses to the form interrogatories, set Ävo, on Januaty 14, 2023. Defense counsel sent several correspondences requesting verified responses without objections. To date, Defendant has not received verified res...

Excerpt: ...keting LLC (“TEAM”) provides event planning services primarily for college fraternities and sororities, as well as for other college student organizations. Cross -Defendant Michael Ol ivas is the sole owner of TEAM. From 2016-2020, Defendant and Cross -Complainant Brian Delino worked for TEAM as a sales representative. While working for TEAM, Delino allegedly stole TEAM's business for himself, converted TEAM funds for his own use, and used TE...

Excerpt: .... Trial was set on October 28, 2022 for June 12, 2023 and then continued multiple times to its current date of March 15, 2024. [TENTATIVE] RULING: The request to vacate the trial date is denied; request to file a cross -complaint is denied. DISCUSSION At any time during the course of the lawsuit, the court retains power to permit the defendant to file a compulsory cross -complaint. Code Civ. Proc., § 426.50. Where the proposed cross -complaint a...

Excerpt: ... Tom Love Group Responding Party: Defendant, Palig Saghdejian Moving Papers: Plaintiff's Ex Parte Motion To Vacate Sister -State Judgment Against Defendant Opposition Papers: No Opposition submitted; however, Defendant's attorney filed a “Notice of Remote Appearance.” Reply: No Reply 16/21 Day Lapse (CCP §12c and §1005(b): Ok Proof of Service Timely Filed (CRC, Rule 3.1300): Ok Correct Address (CCP §1013, §1013a): Uncertain – On eCourt,...

Excerpt: ... Lepejian, Lucas Lepejian, and Tayla Lepejian. Defendants/cross -complainants did not timely serve and file their memorandum of costs. “A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk.” (Cal. Rules of Court, rule 3.1700(a)(1).) The clerk served notice of entry of judgment by mail on December 1, 2023. After extend...

Excerpt: ...ny irrelevant, false, or improper matter inserted in any pleading. (CCP § 436, subd. (a).) The court may also strike all or any part of any pleading not d rawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (CCP § 436, subd. (b).) The grounds for a motion to strike are that the pleading has irrelevant, false, or improper matter, or has not been drawn or filed in conformity with laws. (CCP § 436.) Th...

Excerpt: ...endent Taxi Owners Associations and Hamidereza Eghbalpour (“Defendants”) for damages arising from an automobile collision. On October 27, 2022, this matter was called for non -jury trial, and after no appearances or contact by either party, the Court dismissed Plaintiff's complaint without prejudice. (Min. Order, Oct. 27, 2022.) On April 24, 2023, Plaintiff filed the instant motion to set aside the dismissal. II. Motion to Set Aside Code Civ....

Excerpt: ...uired. Unless the Court directs argument in the Tentative Ruling, no argument will be permitted unless a “ party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260 - 84...

Excerpt: ...etary sanction. (Code Civ. Proc., § 2030.290, subd. (b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905– 906.) Compel RPDs Where there...

Excerpt: ...e devices of visitors to its website. Plaintiff alleges that she visited Defendant's website in 2023, whereupon Defendant accessed Plaintiff's device and installed “pen register” and “trap and trace” tracking software. The complaint asserts a single cause of action under CIPA, or Penal Code sections 630 et seq. Plaintiff alleges economic injury and intangible injury to her dignity. Plaintiff alleges that she is entitled to statutory damag...

Excerpt: ...ar is required. Unless the Court directs argument in the Tentative Ruling, no argument will be permitted unless a “ party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818)...

Excerpt: ...umer 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 conditions as the court may specify. (See Code Civ. Proc. § 1987.1; Southern Pac. Co. v. Superior Court (1940) 15 Cal.2d 206.) The court can make an order quashing or modifying a subpoena as necess...

Excerpt: ...in the complaint, or the affidavit if the action is commenced by affidavit, and such defendant may be designated in any pleading or proceeding by any name, and when his tru e name is discovered, the pleading or proceeding must be amended accordingly.” (Code Civ. Proc. § 474.) The criteria for a motion to quash under Code of Civil Procedure § 474 was discussed in A.N. v. County of Los Angeles : First, section 474 includes an implicit requireme...

Excerpt: ... to quash the service of summons on Mr. Arriaga Senior TENTATIVE RULING: The motion is DENIED AS MOOT. BACKGROUND On August 30, 2023, Plaintiff initiated this action against Defendants Magic Mountain, LLC, Jose Arriaga (“Mr. Arriaga Junior”), and Does 1 through 50. The Complaint alleges 12 causes of action: (1) sexual battery/abuse of a minor; (2) intentional inflicti on of emotional distress; and (3) sexual harassment; (4) negligent hiring, ...

Excerpt: ...ANT 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. “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of mo...

Excerpt: ...m a loan agreement entered into by AMAG (Plaintiff) and Vlaze Media Networks (Vlaze), where Plaintiff alleges that after loaning Vlaze $2,900,000.00, Vlaze failed to pay back the loan amount. Plaintiff then filed a Complaint on February 22, 2022, followed by a First Amended Complaint on March 6, 2023 alleging five causes of action: (1) fraudulent conversion, (2) misrepresentation, (3) constructive fraud, (4) breach of fiduciary duty, and (5) decl...

Excerpt: ...have the matters specified in the Requests for Admission, Set One (“RFAs”) deemed admitted by Plaintiff Genesis Pink. The RFAs were served on or about April 5, 2023. (Declaration of Michael B. Seuylemezian, dated December 28, 2023, ¶ 2.) Plaintiff had not responded to the RfAs as of the time the motion was filed. (Id., ¶ 5.) The Court heard this motion on January 25, 2024, and continued the motion to afford Plaintiff a final opportunity to ...

Excerpt: ...nt adding Ryde, Inc. as Doe 1. On January 26, 2024, Defendant Ryde Inc., (“Defendant”) filed its motion for summary judgment. On February 8, 2024, Defendant filed a motion to continue trial or in the alternative to advance the hearing for summary judgment. Plaintiff filed his opposition on February 26, 2024. Defendant filed a reply on March 1, 2024. Legal Standard Code Civ. Proc. § 128(a)(8) provides that the court has the power to amend and...

Excerpt: ...an Exteriors Inc., and Roes 1 through 30 for (1) Equitable Indemnification, (2) Comparative Contribution, Partial Indemnification, (3) Apportionment of Fault, and (4) Declarator y Relief. On August 16, 2022, Plaintiff filed an amendment to complaint adding Ocean Exteriors, Inc. (“Defendant”) as Doe 1. On October 11, 2022, Defendant filed a cross-complaint against Daniel Moreno for (1) Equitable Indemnity, (2) Contribution, (3) Declaratory Rel...

Excerpt: ...es, Inc., Staff Pro, and Does 1 through 100 for Negligence and Premises Liability causes of action arising from an injury incurred from a crowd surfer on March 15, 2022. On April 3, 2023, Plaintiff filed an amendment to complaint adding Goldenvoice LLC as Doe 2. On May 4, 2023, Goldenvoice LLC filed its cross -complaint against Staff Pro, Inc dba Allied Universal Event Services for (1) Comparative Indemnity and Apportionment of Fault, (2) Total E...

Excerpt: ...n 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. Plainti...

Excerpt: ...Plaintiff Gary Trent Stephens filed his complaint against Jason Fladien and Alexis Woodford. On October 17, 2021, Plaintiff filed an amendment to complaint adding Molly Fladlien as Doe 1. In Case No. 22CHCV01468, on December 21, 2022, Nathan Pratt, a minor by and through his Guardian Ad Litem Andrea Rocha, filed a complaint against Alexi Jean Woodford, Jason Fladlien, Gary Trent Jong Sou Stephens, and Nancy Michelle Simon Perez. In Case No. 22CHC...

Excerpt: ...cks. From 2012 to 2020, Patricio Sanchez (Plaintiff) enjoyed a business relationship with B & M, Byron Antonio Recinos and Marvin Enrique Medina (Defendants). Plaintiff exported flowers to Defendants, and Defendants sold the flowers for a profit, paying the invoice to Plaintiff within 30 days. (Complaint, ¶ 7.) Plaintiff alleges that there were occasions where Defendants were tardy in making their payments, however because of the personal and in...

Excerpt: ...ranscript of a hearing in that proceeding. All six exhibits are court records subject to judicial notice. (Evid. Code, § 452(d).) Defendant's requests for judicial notice of exhibits A -F are granted. Plaintiffs request judicial notice of two exhibits: 14 and 18. Exhibit 14 is a stipulation between these parties in a prior case, No. BC444991. But, as defendant notes, the document does not indicate it was filed with the court. Plaintiffs therefor...