Excerpt: ...ed. 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 - 8412....

Excerpt: ...urrer with Motion to Strike BACKGROUND Plaintiff Pobeda Services Inc. (“Plaintiff”) is a corporation doing business in the County of Los Angeles. (Complaint ¶ 18.) In approximately 2014, Pobeda opened an account with defendant U.S. Bank. (“U.S. Bank”). (Id. ¶ 19.) Plaintiff alleges that in or around April 11, 2023, it became aware of multiple fraudulent charges to its account. (Id. ¶ 21). Plaintiff notified U.S. Bank and followed U.S. ...

Excerpt: ...red the moving papers. The Court GRANTS Defendant's motion for leave to file an amended answer. Background This is an employment dispute involving whistleblower retaliation, discrimination, and wrongful termination claims. Plaintiff Peter Guinan filed this action on January 15, 2019. Plaintiff filed a First Amended Complaint (FAC) on February 12, 2020 against defendant Shippers Transport Express, Inc. (“Defendant” or “Shippers”), alleging...

Excerpt: ...Ana Rodriguez, and Nathaly Rodriguez filed a complaint on June 28, 2021, asserting causes of action for negligence and negligence per se against Defendant Angelica Biana Diaz (“Diaz”) and Does 1 through 25. Diaz filed her answer on August 20, 2021. In Case No. 21STCV24492 (the “Smith Action”), Plaintiff Lloyd Smith filed a complaint on July 1, 2021, asserting a cause of action for negligence against Defendants Diaz, Luis Rodriguez, and Do...

Excerpt: ...ar Properties, LLC dba AGWC Rockin' Rescue, Ady Gil and Fabienne Origer for negligence, strict liability, and punitive damages. Plaintiff alleges on December 24, 2022, P laintiff was a volunteer at Rock Star Properties, LLC dba AGWC Rockin' Rescue (“Rescue”). While Plaintiff was sitting on the sidewalk near the Rescue, one of Rescue's Labrador dogs, viciously attacked Plaintiff, causing severe injuries to Plaintiff's person including to her b...

Excerpt: ... Amended Complaint 1) Negligence 2) Negligent Supervision and Retention SUMMARY OF FACTS: Plaintiff Jane Doe 7034 brings this action against defendant Burbank Unified School District, alleging that in 1978, when plaintiff was a 15 -year -old student at John Muir Middle School, plaintiff was groomed and sexually assaulted by her science teacher, Robert Goar, a Burbank Unified School District employee. Plaintiff alleges that defendant never investi...

Excerpt: ... California Invasion of Privacy Act (“CIPA”), arising out of Defendant's alleged installation of spyware to eavesdrop on Pla intiff's private conversations. On December 28, 2023, Defendant filed the instant motion. On February 8, 2024, Plaintiff filed an opposition. On February 15, 2024, Defendant filed a reply. Motion for Judgment on the Pleadings Defendant brings a Motion for Judgment on the Pleadings as to the entire complaint, arguing tha...

Excerpt: ... for Admission (“RFA's”) in discovery. ANALYSIS A. Plaintiff's Motion for Attorney's Fees/Cost of Proof Sanctions Plaintiff seeks “cost of proof” attorney's fees and costs per § CCP 2033.420 based on Defendant's failure to admit certain Requests for Admission. Defendant asserts that the motion should be denied as it “had reasonable ground to believe . . . [he] would prevail on the matter,” and/or that he had “other good reason for ...

Excerpt: ...sts is granted in the amount of $1,097.38. Plaintiff Alexandria Danielle Mosher (“Mosher”) (“Plaintiff”) moves for an order awarding her attorneys' fees, reasonable costs, and expenses and against Defendants Hyundai Motor America (“HMA”) and Parkway Hyundai (“Parkway”) (collectively, “Defendants”) as the prevailing party pursuant to the accepted Release and Settlement Agreement (“Settlement Agreement”) accepted and signed ...

Excerpt: ...tober 10, 2020, Plaintiff Finnegan's Wake initiated this action by filing a Complaint alleging claims of (1) Breach of Contract and (2) Money Had and Received against Defendants Hero Mountain, LLC and Does 1 through 20. On September 15, 2023, trial was held in this action. On September 19, 2023, the Court issued its ruling after bench trial. In relevant part, the Court found in favor of Defendant Hero Mountain on both causes of action and held th...

Excerpt: ... STRIKE] Moving Party: Defendant, Elvis Madatyan Responding Party: No Opposition Moving Papers: Demurrer and motion to strike (All submitted in a single filing) Opposition Papers: No Opposition submitted Reply Papers: No Reply submitted RELIEF REQUESTED Defendant, Elvis Madatyan, moves the Court for an order sustaining his demurrer to the third, fourth, fifth, sixth, seventh, and ninth causes of action of Plaintiffs' Complaint pursuant to CCP §4...

Excerpt: ...Y: Plaintiff Pobeda Services Inc. Motion for Demurrer with Motion to Strike BACKGROUND Plaintiff Pobeda Services Inc. (“Plaintiff”) is a corporation doing business in the County of Los Angeles. (Complaint ¶ 18.) In approximately 2014, Pobeda opened an account with defendant U.S. Bank. (“U.S. Bank”). (Id. ¶ 19.) Plaintiff alleges that in or around April 11, 2023, it became aware of multiple fraudulent charges to its account. (Id. ¶ 21)....

Excerpt: ....: 23STCV19923 Hearing Date: 2/23/24 Trial Date: N/A [TENTATIVE] RULING RE: Defendant Yankyoung Lee's Demurrer to Plaintiff's Complaint; and Defendant Yankyoung Lee's Motion to Strike Portions from Plaintiff's Complaint. Background Pleadings Plaintiff Nathaniel Howard sues Defendants Kenneth Melrose (Melrose), Law Offices of Ken J. Melrose (Melrose Law), Law Offices of Kenneth J. Melrose, LLC (Melrose LLC), BMS Legal Services LLC (BMS Legal), Ste...

Excerpt: ...ca, Inc.'s Motion to Strike ¿ Tentative Rulings: (1) Defendant, Extended Stay America, Inc.'s Demurrer is OVERRULED in part and SUSTAINED in part. (2) Defendant, Extended Stay America, Inc.'s Motion to Strike is DENIED in part and MOOTED in part. I. BACKGROUND ¿¿ ¿¿ A. Factual¿¿ ¿ On June 12, 2023, Plaintiffs, Deandre Davon Fluckers, Renzo Ross, and Lisa Y. Ross filed a Complaint against Defendants, Extended Stay America, Inc., Orkin, LLC...

Excerpt: ...venth, eighth, ninth and tenth causes of action. The Motion to Strike is granted in part, denied in part, and moot in part . Plaintiff Clifford Katab is the former COO of Defendant Performance Team LLC (Performance Team); Defendant Craig Kaplan was its CEO. Plaintiff Katab now sues Defendant Kaplan and Performance Team based on events relating to the sale of Performance Team to new owners, Damco Distribution Services Inc. (Damco). The allegations...

Excerpt: ...hicle Sale by Transfer of Title agreement with Defendants Robert Wayne Collins and Michael Robert Collins. He alleges that he paid Michael Robert Collins $28,600 by negotiable instrument and Michael Robert Collins delivered to Plaintiff the keys and possession of a 2019 Chevrolet Colorado model pick- up truck and a written Certificate of Title, executed by Defendants. Plaintiff alleges that Robert Wayne Collins complained to the Simi Valley Polic...

Excerpt: ...INT Date: February 23, 2024 Time: 8:30 a.m. Dept.: P I. INTRODUCTION This is a wrongful eviction action. Plaintiff Andrew DerKrikorian (DerKrikorian) alleges that he entered into a lease with Defendant Chapel of the Hills Assembly of God Sunland California (Chapel) for a portion of the premises at 11120 Oro Vista Avenue, Sunland, CA 91040. Plaintiff alleges that Chapel substantially interfered with his enjoyment of the lease; and that he found a ...

Excerpt: ...h a court reporter present. There also must be a protective order filed. Moving party to provide notice. FACTUAL BACKGROUND This is an action for violations of the FEHA. Plaintiff Ryon Stewart alleges that he was employed as a police officer with the Los Angeles Police Department. During his employment, he contends that he was subject to discrimination and harassment due to his race and age. Plaintiff alleges other officers subjected him to diffe...

Excerpt: ...a 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 Defect”, “ZF9HP defect”, or �...

Excerpt: ...��Santa Paseo”) filed a Complaint against Defendant, CAPREF Paseo, LLC.¿ On October 10, 2022, Defendant's demurrer to the Complaint was sustained with leave to amend.¿¿ On February 3, 2023, Defendant's demurrer to the First Amended Complaint (FAC) was sustained with leave to amend. On September 23, 2023, Defendant's demurrer to the Second Amended Complaint (SAC) was sustained with leave to amend. On September 25, 2023, Santa Paseo filed the ...

Excerpt: ...nd Ted Bessen (sued as Doe defendant 20) (joined by defendant Sean Wolfington (sued as Doe defendant 21) on October 17, 2023) RESPONDING PARTIES: Plaintiffs Allie Rose Weinstein and Jeremy Weinstein (1) Demurrer to Third Amended Complaint MOVING PARTIES: Defendants American Honda Motor Co., Inc. (sued as Doe defendant 17) and American Honda Finance Corporation (sued as Doe defendant 16) RESPONDING PARTIES: Plaintiffs Allie Rose Weinstein and Jere...

Excerpt: ...TIES: Defendant ARRI Americas, Inc., formerly known as ARRI Inc. RESPONDING PARTY: None filed. Demurrer and Motion to Strike The court considered the moving papers filed in connection with the demurrer and motion. No opposition has been filed. BACKGROUND Plaintiff Joseph Michaels (“Plaintiff”) sued Defendants Warner Bros. Entertainment Inc., Warner Bros. Worldwide Television Distribution Inc., Bonanza Productions Inc., and Showtime Networks, ...

Excerpt: ...eph Ryu, a former Sky employee, has misappropriated Sky's trade secrets. Lyoo filed a Cross -Complaint against Sky and Hyoungtae Kim for (1) slander per se, (2) violation of Labor Code sections 1050- 1054, (3) interference with prospective economic damages, and (4) interference with contractual relationship. On April 17, 2023, Plaintiff filed various doe amendments adding Gyumyeong Chae, Salt International Co., LTD., Sooah Chae, Jihyun Seo, Daeyo...

Excerpt: ...an Service Corporation (“QLS”), and all persons unknown claiming interest in the property located at 11643 O tsego St., North Hollywood, CA 91601. Plaintiff alleges that he purchased the property on December 23, 2002. He entered into a Short Form Deed of Trust on September 18, 2006 with lender BOFA for a home equity line of credit (“HELOC”) in the amount of $400,000, which named BOFA as the beneficiary and Plaintiff as the borrower. On Ju...

Excerpt: ...(“TCS”) (“Plaintiff”) Complaint (“Complaint”) as to each cause of action alleged against him. (Notice of Demurrer, pg. 1; C.C.P. §§430.10(e), (g).) Background Plaintiff filed its operative Complaint on November 14, 2023 against Defendants Sunna “Olive” Kim (“Olive”), Insil “Christina” Kim (“Christina”), Helen Yang (“Yang”), Raysa Cerna (“Cerna”), Pauline Contreras (“Contreras”), Paul Kim (“Paul”), Rac...

Excerpt: ...d a first amended complaint (FAC), alleging the same causes of action. Now, Defendant demurs to Plaintiff's FAC. Discussion Defendant argues that Plaintiff has not alleged sufficient facts to support her claims. As a preliminary matter, Plaintiff filed an amended complaint. However, California law is clear that a party may only amend its pleading once without leave of Court. (CCP § 472.) Given that Plaintiff already filed a FAC without leave of ...

Excerpt: ... 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 & ANALYSIS: On October, 24, 2022, Amanda ...

Excerpt: ...Select Insurance Company Demurrer The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiff Progressive Select Insurance Company (“Plaintiff”) initiated this action against Defendant Elva Saldana (“Defendant”) and Does 1 -50, asserting the following causes of action: (1) declaratory relief; and (2) specific performance. The operative complaint alleges that Plaintiff's i...

Excerpt: ...project to remain unfinished and go substantially over budget. Defendants Bohrer and BCI demur. Breach of Contract (First CoA)/Disgorgement (Seventh CoA) On demurrer, facts contained in an exhibit attached to a complaint take precedence over and supersede any inconsistent or contrary allegations in the pleading. Jibilian v. Franchise Tax Bd. (2006) 136 Cal.App.4th 862, 864. BCI argues it is not a contracting party; the agreement attached to the c...

Excerpt: ...a Marie Howland Living Trust dated July 10, 2007, and Rajdeep Singh Chhina as Trustee under the Rajdeept Singh Chhina and Tina Marie Howland Living Trust dated July 10, 2007. Defendant Tina Howland in her individual capacity and in her capacity as trustee opposes the application. (The court entered a default against Defendant Rajdeep Singh Chinna as trustee on February 13, 2024.) The application is denied. APPLICABLE LAW The Court shall issue a r...

Excerpt: ...ailable as construction expenses were incurred. Sunset was required to incur expenses out -of -pocket, which would then be reimbursed. Sunset states it could obtain reimbursement by requesting a draw, which would result in Lionscove sending an inspector to the property to determine how much of the construction fund should be disbursed. Sunset argues Lionscove acted in bad faith, stalling reimbursements, delaying inspections, and disbursing smalle...

Excerpt: ... . Plaintiff alleges he was performing his duties as a security guard at a cargo facility at 18055 Harmon Ave. Carson, California, when he was physically assaulted by Defendant Fermin Antonio Mazariego Jr. (FAC ¶ 7, 10- 11.) Plaintiff sued Defendant Cartage West, Inc. (“Cartage”) for negligence and negligent hiring and supervision based on Mazariego's alleged actions and alleges it owned the premises where the incident occurred (FAC ¶ 9). O...

Excerpt: ...pposition, and reply papers. RULING Defendants Roger Tsai, M.D. and Roger Tsai, M.D., Inc.'s Demurrer is OVERRULED as to the first, second, third, and eighth causes of action and SUSTAINED without Leave to Amend as to the fifth, sixth, seventh, and ninth causes of action. Defendants Roger Tsai, M.D. and Roger Tsai, M.D., Inc.'s Motion to Strike is GRANTED with 20 days Leave to Amend. BACKGROUND On December 22, 2022, Plaintiff Pari Roehi filed the...

Excerpt: ...& Management LLC; (2) Defendant 8210 Sunset, LLC STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract and wrongful eviction action that was filed on January 12, 2024. Plaintiff alleges it subleased a commercial property from Defendants in order to operate a cannabis business. The property allegedly had serious structural and ha bitability defects which Defendants neither disclosed nor remedied. Plaintiffs further allege th...

Excerpt: ...t Civil Protection Act. Defendants Prime Healthcare Services – Sherman Oaks, LLC dba Sherman Oaks Hospital and Prime Healthcare Foundation, Inc. are referred to as “Hospital Defendants” in the complaint. Defendants 13400 Sherman Way, LLC dba Valley Palms Care Center (“Valley Palms”) and its agents and employees are referred to as the “Facility Defendants.” Plaintiff is alleged to have been a patient of Valley Palms from July 20, 202...

Excerpt: ...he confidential marriage certificate and records of plaintiff Diane Flessas to Russell Rowland, in relation to the marriage entered into on June 14, 2019. SUMMARY OF FACTS: This wrongful death and survival action is brought by plaintiffs Diane Flessas, the surviving spouse of decedent Russell Rowland, and Jonathon Rowland, decedent's surviving natural son. Plaintiffs Flessas and Jonathan Rowland are also the successors in i nterest to decedent, a...

Excerpt: ...Sanctions Tentative Rulings: (1) Plaintiff's Motion to Compel Deposition of Defendant, Dominique Nikko Westmoreland is GRANTED. If the parties cannot agree on a date, time, and/or place for the deposition, it shall be held in person on March 5, 2024 commencing at 10 a.m. at the offices o f Plaintiff's counsel (2) Plaintiff's Request for Sanctions is DENIED ¿¿ ¿¿ I. BACKGROUND ¿¿¿ ¿¿¿ ¿¿¿ On September 10, 2021, Plaintiff, Sebastian Me...

Excerpt: ...iolation of the Song Beverly Consumer Warranty Act against Defendant General Motors, LLC (“GM”). Plaintiff alleges that on October 16, 2020, he purchased a 2020 Chevrolet Bolt. GM is alleged to be the manufacturer and to have offered an express warranty to Plaintiff pursuant the Act. Plaintiff alleges the vehicle suffered from nonconformities to the warranty including, but not limited to the “mirr or, camera, high voltage may cause battery ...

Excerpt: ...ornia. Plaintiff is sanctioned, jointly and severally with counsel, $1,100, payable within 20 days. On 6/24/2022, Plaintiff Alfredo Lopez (Plaintiff) filed suit against Martin L. Berman, Esq., Law Offices of Pflaster & Berman, and Edward J. Siegler, Esq., alleging: (1) legal malpractice; and (2) breach of fiduciary duty. On 2/9/2023, Defendants Martin L. Berman, Esq. and Law Offices of Pflaster & Berman moved to compel the deposition of Plaintiff...

Excerpt: ...PARTNERSHIP CO, a California Corporation, to comply and produce the documents that it was ordered to produce on June 30, 2023, as several responsive categories of documents identified and ordered t o produce have still not been produced, even though Plaintiff's counsel had agreed to fully comply with the court order. Plaintiff be ordered to produce all the documents within twenty (20) days of the hearing of this motion; (2) For monetary sanctions...

Excerpt: ...ing arbitration. Arbitration Status Conference is set _______________, 2024 at 8:30 a.m. in Dept. T. Introduction Defendants CVS Pharmacy, Inc. (CVS) and Alexandra Drebskaya (Drebskaya) (collectively, Defendants) moved to compel arbitration and dismiss Plaintiff Betty Nabizadeh's (Plaintiff) Complaint. Defendants CVS Rx Services, Inc.; CVS Health Corp.; Caremark, LLC; and Garfield Beach CVS, LLC (collectively, Joinder Defendants) requested to joi...

Excerpt: ...Plaintiff Tom of Finland Foundation, Inc. BACKGROUND On October 20, 2023, Plaintiff Tom of Finland Foundation, Inc. filed a complaint. On January 9, 2024, Plaintiffs Tom of Finland Foundation, Inc. and Effenberger Couture filed a First Amended Complaint (the “FAC”) against Defendants Cultureedit LLC, Joakim Andreasson, and Does 1 -35, inclusive (collectively “Defendants”) alleging: (1) Bre ach of Contract; (2) Breach of Duty of Loyalty; (...

Excerpt: ...�) arising from her purchase of a used 2009 Cadillac CTS on October 25, 2022. The Complaint alleges the following causes of action: (1) intentional misrepresentation; (2) negligent misrepresentation, (3) violation of Business and Professions Code § 17200; (4) bond claim; and (50 violation of consumer legal re medies act. On March 20, 2023, defendant Hudson filed its answer to the complaint. On March 21, 2023, Plaintiff voluntarily dismissed defe...

Excerpt: ...coby BACKGROUND This is a wrongful termination case. Plaintiff Twongtip Punlertpathanakon began working for Defendants Mulholland Security Centers LLC dba Mulholland Brand Manufacturing, Abraham Ben David, and Avi ‘Coby' Jacoby in July 2022. Plaintiff alleges despite her work ethic, Defendants treated Plaintiff differently than the other employees because she was not Israeli. Plaintiff alleges despite her excellent sales records, Defendants wou...

Excerpt: ...f arbitration SUMMARY OF FACTS: Plaintiffs Stephen Anthony Enchin and SAE & Associates, LLC allege that in March of 2021, plaintiffs purchased a 2021 Tesla Model Y, for which defendant Tesla Motors, Inc. issued a written warranty, pursuant to which defendant agreed to preserve or mainta in the utility or performance of the vehicle or provide compensation if there was a failure in such utility or performance. Plaintiffs allege that the vehicle was...

Excerpt: ...ehicle. Shendall D. Duncan was a passenger in the vehicle. Defendant Lyft, Inc. (“Lyft”) now moves to compel arbitration and to stay the proceedings as to Plaintiff Jose Luis Gutierrez (“Gutierrez”) pending completion of arbitration. LEGAL STANDARD The Federal Arbitration Act (“FAA”) governs a motion to compel arbitration when an agreement provides its ‘enforcement' shall be governed by the FAA. (Victrola 89, LLC v. Jamon Properties...

Excerpt: ...v. Moriana (2022) ___ U.S. ___, 142 S.Ct. 1906; Adolph v. Uber Technologies (2023) 14 Cal.5th 1104.) In fact, in Adolph , the plaintiff's second amended complaint (like this one) alleged only a PAGA claim. The problem plaintiff has is that although there is no obligation for a PAGA plaintiff to seek personal damages, to have standing to assert a PAGA claim as a representat ive the named plaintiff must have been “aggrieved” by the wage and hou...

Excerpt: ...aintiffs Secret Recipes, Inc., Hovik Grigorian, and Andreh H. Koygani filed the Second Amended Complaint (“SAC”) on November 28, 2016 against Defendants Felix Lopez, Luis Rodriguez, and Oak Escrow Inc., alleging causes of action for: (1) specific perform ance; (2) breach of contract; (3) conversion; (4) constructive trust; (5) fraud; (6) breach of fiduciary duty; (7) negligence; (8) IIED; (9) money had and received; (10) rescission of contrac...

Excerpt: .... 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 - 8412. A...

Excerpt: ...tiff minor Emerson Mikasa (“Plaintiff”) alleges that he sustained physical, emotional, and psychological injuries on August 18, 2022 [1] when he was brutally attacked, assaulted, and bullied by another student H.A.D1 (“Assailant”) at Dixie Canyon Community Charter, an elementary school under the control, operation, management, and supervision of Defendant Los Angeles Unified School Distric t (“LAUSD”). Plaintiff alleges that during sc...

Excerpt: ... arises out of a landlord tenant dispute. Plaintiffs Julie Platner and Domenick Cimino (and their two young children) were tenants of 627 Westminster Avenue, Apartment 4, Venice, California (the “Property”). The Property is owned by Defendants Paul G. Ryan and Teresa T. Soriano, individually and as trustees of the Ryan/Soriano Living Trust dated October 13, 2011. Defend ant Olivia Riley manages the Property. The relevant facts are as follows:...

Excerpt: ...1) Motion for Preliminary Approval of Class Action Settlement Tentative Rulings: (1) GRANTED I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On April 26, 2023, Plaintiff, Patria Sosa, individually and on behalf of all other aggrieved employees (“Plaintiff”) filed a Complaint against Defendants, The Sunrider Corporation, a Utah Corporation, Sunrider Manufacturing, L.P., a California Limited Part nership, Sunlife Herbal Company, Inc., a California Corpor...

Excerpt: ...id aka Roberta A. Magid, and Gregory Philip Segal for damages related to an alleged dangerous condition of a common area on defendants property. Plaintiff is in pro per. Defendants Roberta Magid aka Roberta A. Magid ("Roberta") and Gregory Philip Segal ("Segal") filed their Answer to Plaintiffs complaint on May 12, 2021. To date, there is no proof of service filed for the remaming defendants. Preliminary, Roberta and Segal's motion for terminatin...

Excerpt: ...o appear 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...

Excerpt: ...�Defendants”). Plaintiff alleges that she and Defendant entered into a rental agreement on April 17, 2020, which dictated that she pays $1,900 in monthly rent and the lease term would be for 6 months from April 20, 2020 to October 20, 2020 for the middle unit of a tri -plex. (Compl., ¶¶8- 9.) Plaintiff alleges that she paid 6 months up front, plus a security deposit for a total amount of $13,300 to be paid in 2 installments of $6,650 on April...

Excerpt: ...s for the misuse of discovery pursuant to CCP §2030.030. The motion will be made on the grounds that Defendant has failed to comply with the Court's Order on the hearing on Plaintiff's Motion to Compel responses to Form Interrogatories, Set One. On September 29, 2023, the Court ruled on Plaintiff's Motion to Com pel Defendant's responses to Form Interrogatories, Set One. Defendant was ordered to provide responses to Plaintiff's within 21 days. T...

Excerpt: ...December 23, 2019 against a number of defendants, including Vidala Aaronoff, Gloria P. Martinez- Senftner, and the Martinez Law Group, P.C. Plaintiff filed the operative Second Amended Complaint (“SAC”) on November 17, 2020, alleging ten causes of action. On August 29, 2023, Jane Doe filed a Cross -Complaint in this action against, inter alia , Plaintiff. The Cross -Complaint alleges nine causes of action. On July 23, 2021, the Court issued a...

Excerpt: ...ction is grounds for sanctions up to and including termination. (CCP § 2030.300(e) [interrogatories]; § 2031.310(i) [requests for production].) Disobeying an order compelling further responses to requests for admission is grounds for monetary sanctions and an order deeming the matters admitted. (§ 2033.290(e).) Jerry Davidson disobeyed orders compelling further responses to special interrogatories, requests for production, and requests for adm...

Excerpt: ...ses of action are adjudicated in favor of Defendants James Jaehyung Lee and James Jaehyung Lee, DDS, Inc. Defendants James Jaehyung Lee and James Jaehyung Lee, DDS, Inc.'s Request for Judicial Notice is GRANTED. Plaintiff Topanga & Victory Partners, L.P.'s request for a continuance is DENIED. Evidentiary Objections are ruled on separately. Introduction Defendants James Jaehyung Lee (Lee) and James Jaehyung Lee, DDS, Inc. (Lee Inc.) (collectively,...

Excerpt: ...TED: An order granting Defendant's Motion for Summary Judgment TENTATIVE RULING: The motion is DENIED. BACKGROUND On June 26, 2020, Plaintiff filed this action against Defendant for injuries sustained on October 3, 2019, while rehearsing the “Unleashed” Show Choir. Plaintiff alleged against Defendant and its employees for two causes of action: (1) Negligence under Government Code section 815.2, 815.4, 815.6, and 820, and (2) Negligent Supervi...

Excerpt: ...ed to loan Defendant Belle some monies. Defendant Brard guaranteed the loan. Plaintiff further alleges Defendants defaulted on the loan and the loan was assigned to Plaintiff. On March 11, 2021, Plaintiff NPI Debt Fund I, LP filed a complaint against Defendants asserting causes of action for (1) Breach of Contract; (2) Goods Sold and Delivered; (3) Book Account; and (4) Account Stated. This action is related to 21VECV00329 ( NPI Debt Fund I, LP v...

Excerpt: ...videntiary Objections: Martin's objections OVERRULED. Under the “Sidewalk Accident Decision Doctrine,” a landowner's duty to repair and maintain an adjoining sidewalk is not owed to persons who use the sidewalk, unless the landowner causes the sidewalk's dangerous condition. Alpert v. Villa Romano Homeowners Assoc. (2000) 81 Cal.App.4th 1320, fn. 11. A property owner can be liable for “suffering the roots of his tree to cause, with his know...

Excerpt: ...LING: The motion is denied. REQUEST FOR JUDICIAL NOTICE: Defendant's request for judicial notice is granted as to the existence, but not the contents, of Exhibits A –C. Despite having been previously warned to comply with the “TECHNICAL REQUIREMENTS” set forth in the 5/13/19 First Amended General Order Re Mandatory Electronic Filing for Civil, Defendant's counsel has again failed to bookmark the declarations, exhibits and proof of service a...

Excerpt: ...ia Code of Civil Procedure § 437c, for an order granting summary judgment, or alternatively summary adjudication, against Defendant ZHORA SARGISYAN, an individual (“Defendant” or “SARGISYAN”) and in favor of ACIC (the “Motion”). ACIC bases its motion on the grounds that it has established the elements of its claims, there are no triable issues of material fact as to the summary judgment sought, and that ACIC is entitled to judgment a...

Excerpt: ...be extended by agreement of the parties. Moving Party to give notice. This action for breach of contract was filed by Plaintiff SENIOR OPERATIONS LLC (“Plaintiff”) on April 8, 2022. The operative Complaint alleges that: “Senior Operations contracted with King Data Services… in 2003 to provide document storage services…. The Contract required that King Data provide 30 days written notice before implementing a change in rates. The Contrac...

Excerpt: ... Johann Peeters (“Peeters”) and Money Tax Group, Inc., alleging causes of action for (1) Violation of the Tax Preparation Act (Bus. & Prof. Code §§ 22250 et seq. ), (2) Fraud, (3) Violation of Penal Code § 496, and (4) Unfair Competition. On December 30, 2022, Plaintiff served Peeters with a Notice of Deposition for January 19, 2023. The Notice did not include a request for documents. Peeters timely served a written objection to the deposi...

Excerpt: ...collision. Defendant moves for an order compelling Plaintiff to provide further responses to special interrogatories, set one, nos. 1 through 35. Defendant also seeks monetary sanctions. Any opposition was due on or before February 7 , 2024; none was filed. II. Procedural Requirements 1. Meet and Confer A motionito compel further responses to requests for production "shall be accompanied by a meet and confer (Code Civ. Proc. S 2031.31 The declara...

Excerpt: ...this action against Defendant General Motors LLC arising from Plaintiffs' purchase of an allegedly defective vehicle. On February 23, 2023, Plaintiffs served Request for Production of Documents on Defendant. (Thomas Decl. ¶ 5.) On March 27, 2023, Defendant served responses, which Plaintiffs deemed insufficient. (Thomas Decl. ¶ 6.) After attempting to meet and confer (see Thomas Decl. ¶¶ 10- 16, 18, 21-22), Plaintiffs filed a motion to compel ...

Excerpt: ...: Plaintiff Alden Javier Dominguez (“Plaintiff Dominguez”) RESPONDING PARTY: Defendant General Motors LLC (“Defendant GM”) The Court has considered the moving, opposition, and reply papers. BACKGROUND This is lemon law action arising from Plaintiff Dominguez's purchase of a 2017 Chevrolet Silverado manufactured/distributed by Defendant GM. Plaintiff Dominguez filed a Complaint against Defendant GM and DOES 1 through 10, alleging causes of...

Excerpt: ...ce. Background Plaintiff filed his Complaint on June 11, 2019. Plaintiff was employed by O'Rourke Construction (“O'Rourke”), a subcontractor hired by the general contractor Defendant Beach House Design & Development (“Beach House”) for a construction project. On June 16, 2017, Plaintiff fell from a scaffold on the jobsite located at 1727 Monterey Boulevard, Hermosa Beach, California 90254. Plaintiff alleged a sole cause of action for Gene...

Excerpt: ...net Baker (“Plaintiff”) filed the Complaint in this action against Defendants City of Culver City (“City”), Michael English (“English”), and Does 1 through 25 asserting one cause of action for motor vehicle negligence. On December 16, 2021, Defendants City and English (collectively, “Defendants”) filed their Answer to the Complaint. Currently before the Court are two motions to compel depositions. Plaintiff initially noticed the d...

Excerpt: ...e function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party can show evidentiary support for a pleading or claim and if not to enable an order of summary dismissal without the need for trial. ( Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843 ( Atlantic Richfield).) Code of Civil Procedure Section 437c, subdivision (c) “requires the trial judge to grant summary judgment if ...

Excerpt: ...s denied without prejudice. BACKGROUND The instant case is a putative class action. On July 26, 2023, Plaintiff filed the operative complaint, which alleges the following: 9. On or about December 19, 2019, Plaintiff leased a 2020 Hyundai Tucson, VIN KM8J23A48LU145815 (“Vehicle”) from KEYES, one of HYUNDAI's authorized dealerships, for a lease term of three (3) years (“Lease Term”). 10. Plaintiff, like others similarly situated, entered in...

Excerpt: ...vocation of the agreement; or (3) “[a] party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact.” (Code Civ. Proc., § 1281.2.) “[T]he party moving to compel arbitration bears the burden of establishing the existence of a prepond...

Excerpt: ...nt Toyota Motor Sales, U.S.A., Inc. (TMS) and Does 1 through 10 pursuant to a July 6, 2023 Complaint alleging claims of (1) Violation of Subdivision (d) of Civil Code Section 1793.2, (2) Violation of Subdivisi on (b) of Civil Code Section 1793.2, (3) Violation of Subdivision (a)(3) of Civil Code Section 1793.2, (4) Breach of Express Written Warranty [Civil Code Section 1791.2 Subdivision (a); Section 1794], and (5) Breach of the Implied Warranty ...

Excerpt: ...vember 13, 2023, Defendants Federal Express Corporation and Toananton Manh Nguyen (collectively “Defendants”) filed this motion to bifurcate. Plaintiff filed her opposition on February 7, 2024. Defendants filed their reply on February 15, 2024. Legal Standard “The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action ...

Excerpt: ...s business expenses, and $300,000 was loaned to buy a house in Irvine. The loans made are as follows: - From May 30, 2018 to November 3, 2018, Plaintiff wired Defendant KB Depot $174,000. - On February 28, 2019, Plaintiff wired $130,000 to Defendant Zhuang's personal account - From March 14, 2019 to December 9, 2019, Plaintiff wired $398,000 to KB Depot 2 Inc, which is controlled by Defendant Hong; - From April 9, 2019 to November 19, 2019, P...

Excerpt: ... 15, 2022, by request of Plaintiff, the Court dismissed without prejudice the class and individual claims from the Complaint, only leaving the claims involving the Labor Code Private Attorneys General Act of 2004. On October 27, 2022, Defendant SK Market, Inc. filed its Answer to the Complaint. On October 31, 2023, Plaintiff filed Judicial Council Form CM-200, Notice of Settlement of Entire Case. On January 8, 2024, Plaintiff filed her Motion to ...

Excerpt: ... from Defendant General Motors, LLC (“GM”). Plaintiff brings causes of action for (1) breach of implied warranty and (2) breach of express warranty. Defendant GM now moves for summary judgment or summary adjudication. Plaintiffs opposed. TENTATIVE RULING: Defendant General Motors, LLC's Motion for Summary Judgment is DENIED. Defendant's Alternative Motion for Summary Adjudication is also DENIED. Plaintiffs to give notice, unless waived. DISCU...

Excerpt: ..., Inc. Motion to Compel Further Responses to Requests for Production of Documents The court considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court grants defendant Nissan North America, Inc.'s request for judicial notice. (Evid. Code, § 452, subd. (d).) EVIDENTIARY OBJECTIONS The court rules on defendant Nissan North America, Inc.'s evidentiary objections, filed on December...

Excerpt: ...ADMISSIONS, SET ONE, WITHIN 20 DAYS' SERVICE OF THIS ORDER. PLAINTIFF IS ORDERED TO PAY SANCTIONS OF $700.00 TO DEFENSE COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. SANCTIONS STAYED TWENTY DAYS AND MAY BE PERMANENTLY STAYED UPON DISCOVERY COMPLIANCE Defendant Veros Credit, LLC's Motion for Order Compelling Further Responses to Request for Production of Documents, Set One, and Request for Sanction is DENIED. ANALYSIS: Plaintiff Andrea Howard (�...

Excerpt: ...TERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract and habitability defect action filed on October 11, 2023. Plaintiffs allege Defendants refused to replace the roof of Plaintiff's condominium, causing extensive water damage and mold throughout the unit. Plaintiffs also allege Defendants improperly issued special assessments in violation of the operative covenants, conditions, and restrictions on the property, and retaliated against Pl...

Excerpt: ... to Compel Stephanie Maginnis' Responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents, Set One, and for Monetary Sanctions TENTATIVE RULING Jamshied Pourtemour's Motions to Compel Peter Maginnis' and Stephanie Maginnis' Responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents, Set One, and for Monetary Sanctions are deemed moot, in part, and granted, in part. ...

Excerpt: ... at the Beverly Hilton when he slipped and fell due to water on the stairs. He sustained serious and permanent injuries requiring surgery. His wife, Aimee Stalnaker, claims loss of consortium. The complaint alleges claims for premises liability and loss of consortium against two Defendants: Oasis West Realty dba The Beverly Hilton and Beny Alagem. On June 28, 2023, Plaintiffs' counsel appeared at a case management conference (“CMC”). Counsel ...

Excerpt: ...16; and (2) DEFENDANT GEORGE MARK SANTA-ANNA, ESQ.'S SPECIAL MOTION TO STRIKE COMPLAINT PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 425.16 Date: February 22, 2024 Time: 8:30 a.m. Dept. 56 MOVING PARTIES: (1) Defendant Mina Sirkin Esq. (“Defendant Sirkin”); and (2) Defendant George Mark Santa- Anna, Esq. (“Defendant Santa -Anna”) (sometimes collectively, “Defendants”) RESPONDING PARTY: None. The Court has considered the moving papers. ...

Excerpt: ...( Curci Investments, LLC v. Baldwin (2017) 14 Cal.App.5th 214, 221.) Where “the liability of the individual defendants” relies “upon disregard of the corporate entity by application of the alter ego doctrine,” a complaint's “bare conclusory allegation[s]” are insufficient for a default judgment against the individuals. (Vasey v. California Dance Co. (1977) 70 Cal.App.3d 742, 748 -749.) “In order to prevail in a cause of action again...

Excerpt: ...NT OF FACTS On October 26, 2017, Virginia filed a complaint in this case against her sister Maricela and her husband Joe Diaz related to some $41,900 she allegedly gave them for safekeeping. [1] On December 13, 2017, Virginia filed a petition in the Matter of the Guzman Revocable Living Trust, Case no. 17STPB11102 (“the Probate case”), against Maricela, her brother Ernesto, Jr. and sister Martha for determination of the validity of that trust...

Excerpt: ... §§ 815.2 & 820) Fifth COA – Breach of a Mandatory Duty to Report (Government Code § 815.6) Eighth COA – Negligence (Government Code §§ 815.2 & 820) A. Plaintiff's Motions in Limine 1. Motion in Limine #1 – GRANTED IN PART; DENIED IN PART Plaintiff's counsel seeks to exclude evidence of certain actions by his client. Plaintiff's counsel argues: “Plaintiff has been diagnosed with conditions like ADHD, depression, and anxiety, both bef...

Excerpt: ...ntiff Leticia Blanco (Plaintiff) filed the instant action against Defendants DLF Logistics LLC (DLF), Joeana Lugo, And Devan Carez (collectively, Defendants), asserting claims for sexual harassment, discrimination based on sex, disabil ity discrimination, retaliation, wrongful termination, and related claims. On January 13, 2023, Defendant DLF filed a motion to compel this matter to arbitration and stay all proceedings. On April 17, 2023, the Cou...

Excerpt: ...ate Dismissal of the First Amended Complaint is GRANTED - CONTINGENT on Plaintiff providing a filed proof of service showing that Defendant Juan Feldman was served with the Motion to Vacate Dismissal. BACKGROUND On November 29, 2021, Plaintiff Nicollee Inguagiato (“Plaintiff”) filed a complaint against Defendants Juan Feldman and Ignacio Feldman alleging causes of action for: (1) breach of contract, and (2) negligence and not repaying debt an...

Excerpt: ...ligence and negligence per se. This action arises out of a motor vehicle collision that occurred on May 14, 2021 when Defendant allegedly caused his v ehicle to collide with Plaintiff's vehicle, causing Plaintiff injuries. Plaintiff further alleges Defendant operated his vehicle while under the influence of alcohol. Plaintiff filed a first amended complaint on December 4, 2024. [TENTATIVE] RULING Defendant Alejandro Hugo Navarro's Motion to Strik...

Excerpt: ...Substance Account Act. Plaintiffs filed their complaint on March 3, 2020, and Defendants filed an answer on October 7, 2020. Plaintiffs' complaint includes causes of action for California Superfund Act, Negligence, Trespass, Nuisance, Breach of Contract, and Declaratory Relief. The trial is currently set for April 8, 2024. Defendants have cross- complained against, among others, R.R. Street & Co., Inc., contending it is responsible in whole or in...

Excerpt: ...anted with leave to amend SUMMARY OF ACTION Plaintiffs Jessica Andres and Sebastian Keefe (Plaintiffs) filed this case on May 31, 2023. Plaintiff have alleged that a boulder on Defendant Vivian Ajaye's (Defendant) property rolled down and crashed into a retaining wall on Plaintiffs' property. Plaint iffs also allege that their home was damaged by the boulder. Plaintiffs allege that they filed this action after they could not resolve the matter wi...

Excerpt: ...each of a commercial lease. Defendant High Noon Office, LLC is the Landlord, and Plaintiff Shegerian & Associates APC f/k/a Shegerian & Associates Inc. is the Tenant. Tenant leases the 4 th and 7 th floors of a commercial office building known as the Clocktower Building, located at 225 Santa Monica Boulevard, Santa Monica, California (the “Property”). Tenant brought an action to seek a declaration excusing its failure to pay rent for the 7 th...

Excerpt: ...on to Quash is continued. If a proof of service is provided, the Motion for Good Faith Settlement is granted. Moving party to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID -19 pandemic. On March 2, 2022, Plaintiff Roland Esparza filed the operative Second Amended Complaint (“SAC”) against Defendants Conagra Brands, Inc., The Vons Companie...

Excerpt: ...r settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of t he settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” (Code Civ. Proc., § 664.6.) Defendant Jonathan Bolerjack (“Defendant”) moves the Court for an order deeming his written settlement agreement with Plai...

Excerpt: ...) fraud. On 5/26/2020, Zhou Cai and Vita Selection, Inc. filed a cross -complaint against Miawa Investment, Maggie-Dawson, Inc., Juan Li, and Seven Bubble, Inc., alleging: (1) breach of contract; (2) common counts; (3) fraud; (4) intentional tort; and (5) general negligence. On 3/1/2022, Vista Selection, Inc. filed a cross-complaint against MKM Trading, LLC and Christie Ly (collectively, MKM Defendants), alleging: (1) breach of contract; and (2) ...

Excerpt: ...ed in Defendant's Requests for Admission, Set One are hereby deemed admitted. Plaintiff must also serve complete and verified responses, without objections, to Defendant's Requests for Production of Documents, Set One, and Form Interrogatories, Set One, within 20 days of the Court's order. The Court GRANTS Defendant's request for monetary sanctions with respect to the Requests for Admission, Set One, in the reduced amount of $675.00. Plaintiff mu...

Excerpt: ...Kovachev by and through its successor -in -interest Krasimira Kovacheva (“Plaintiffs”) filed this action against defendants, Chandra Bouchard, Krassimir Iordanov, and Veselka Yordanova for the wrongful death of Martin Radostinov. Trial is currently set for A pril 4, 2024. Defendants Krassimir Iordanov and Veselka Yordanova (“Defendants”) request the Court to continue the trial date and all related dates to a date on or after March 10, 202...

Excerpt: ...rties, Inc.'s and Jeremy Rodriguez's motion in the alternative for summary judgment adjudication is denied as to the 1st, 2nd, 3rd, 4th, 5th, and 6th causes of action. Defendants Pinnacle Estate Properties, Inc. (“Pinnacle”) and Jeremy Rodriguez (“Rodriguez”) (collectively, “Pinnacle Defendants”) move for summary judgment of Plaintiffs Teodulo Castellanos' (“Teodulo”) and Maria Castellanos' (“Maria”) (collectively, “Plai nti...