Excerpt: ...§§2030.210(a) and 2030.220 without objections within 20 days. Plaintiff LACAA, LLC's request for monetary sanctions on the motion to compel responses for its Form Interrogatories (Set One) is granted in the reduced amount of $818.91 against Defendant Arthur Yoon aka Arthur Youngki Yoon and his attorney. Sanctions are payable within 20 days. Plaintiff LACAA, LLC's unopposed motion to compel Defendant Arthur Yoon aka Arthur Youngki Yoon to provid...

Excerpt: ...action for breach of contract against Defendants Joe Samuel Bailey and Renew Spinal Care, Inc. The operative First Amended Complaint was filed on March 27, 2020. The purported Second Amended Complaint on July 31, 2023 is not properly filed because a party may only amend a complaint once without leave of court. (See Code Civ. Proc., § 472(a).) The FAC asserts a single cause of action for breach of written settlement agreement. The FAC alleges tha...

Excerpt: ...to strike Plaintiffs' first and eighth causes of action. BACKGROUND This case arises out of Plaintiffs Stephanie Johnson and William Pollock (“Plaintiffs”) claim that they were unlawfully evicted from property located at 138 Oaks Avenue, Monrovia, CA 91016. Plaintiffs filed this complaint on November 7, 2023, alleging eight causes of action for (1) unlawful eviction under California Tenant Protection Act, (2) discrimination in violation of th...

Excerpt: ...ctions against Willerford and in favor of JW Brands in the amount of $1,660.00 . RULING : The request to compel responses, without objections, is granted. The request for sanctions is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of an agreement between Defendant 024 Management Services, Inc. (024 Management), Defendant JW Brands LLC (JW Brands) and Plaintiffs Chris Lacroix (Lacroix) and Martin Willerford (Willerford) (coll...

Excerpt: ....D., Airlux Aircraft, Inc., and LG Aviation Inc. (“Defendants”) asserting three causes of action: (1) Breach of Contract, (2) Quantum Meruit, and (3) Express and Implied Indemnity. On January 5, 2024, Defendant LG Aviation Inc. (“LG Aviation”) filed the instant demurrer to the complaint. On February 13, 2024, LG Aviation filed a notice of non-opposition to demurrer to the complaint. As of April 3, 2024, no opposition has been filed. Alleg...

Excerpt: ...ant family Trust, and South Main Street Properties, LLC (collectively, Plaintiffs) initiated thi s action. On 2/8/2024, Plaintiffs filed a verified third amended complaint (TAC) against the Harb Family Trust dated 11/1/1996, the Irrevocable Trust of chou Bo Chan Chiu (1997) for the benefit of Samson Chiu, and Fusion Investments, LLC (Fusion) alleging: (1) decla ratory relief; and (2) quiet title -adverse possession. On 3/7/2024, Fusion demurred t...

Excerpt: ...DANT TO FILE AND SERVE AN ANSWER TO THE FIRST AMENDED COMPLAINT WITHIN 30 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 opposing counsel (or self -represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND On December 29, 2023, Plaintiff filed the operative f...

Excerpt: ...efendant Al Bayaan Islamic Center, Inc.'s Motion to Strike Plaintiff Elias Delgado Serano's Complaint is DENIED. Defendant Al Bayaan Islamic Center, Inc. to file its Answer in ten (10) days. BACKGROUND This is a premises liability action. In January 2021, Plaintiff Elias Delgado Serano was climbing a ladder at a property in La Puente when Delgado Serano slipped and fell. Delgado Serano alleges the property was owned, maintained, managed, and oper...

Excerpt: ...ts Los Angeles County Metropolitan Transportation Authority (“Metro”) and Public Transportation Services Corporation (“PTSC”) hired him as Deputy Chief System Security and Law Enforcement Officer. Plaintiff alleges Defendants terminated him after he made complaints to his superiors about bus driver safety, and for informing the bus drivers of solutions Plaintiff would move to implement to protect them. Plaintiff also alleges Defendants, o...

Excerpt: ...tion to Strike · Parol Evidence [Cross -Complaint, Paragraphs 43 -45 and 51 -53] RULING : Demurrer overruled; motion to strike denied. SUMMARY OF ACTION On September 5, 2023, Cross -Defendant Golden Hammer Ops, LLC (Golden Hammer) filed the complaint that began this action. Golden Hammer filed that complaint against Cross- Complainant JETNET, LLC (JETNET) and two other Defendants. Golden Hammer alleged causes of action for Misappropriation of Tr...

Excerpt: ...ucement 5. Accounting RELIEF REQUESTED IN MOTION TO STRIKE: An order striking the entire First Amended Complaint and/or the allegations (¶23) and the prayer for punitive damages (Prayer ¶3). RULING : The request to strike the entire First Amended Complaint is denied. The demurrer is sustained with 30 days leave to amend. The request to strike the allegations regarding and the prayer for punitive damages is moot due to the ruling on the demurrer...

Excerpt: ...urchasing a 2018 Chevrolet Camaro. Subsequently during the warranty period, Meza alleges the vehicle developed defects wi th its transmission system. On July 29, 2022, Meza filed a complaint against General Motors and Does 1-50, alleging (1)¿violation of Civil Code section 1793.2, subdivision (d); (2) violation of Civil Code section 1793.2, subdivision (b); (3) violation of Civil Code section 1793.2, su bdivision (a)(3); (4) breach of express wa...

Excerpt: ...4 REPLY: No reply filed. RELIEF REQUESTED Plaintiff moves for an order permitting discovery into Defendants' financial condition related to his claim for punitive damages. BACKGROUND This case arises out of Plaintiff Jackie Chen's (“Plaintiff”) claim that he was assaulted by Defendants Sunny Hoa and Van Hoang Wong on August 26, 2020. Plaintiff filed a first amended complaint on February 8, 2023, alleging four causes of action for (1) battery,...

Excerpt: ... as Win Security dba Metro Parking, Inc.) and Sam Young RESPONDING PARTY: None The Court has considered the moving papers. No opposition or reply papers have been filed. BACKGROUND On February 24, 2021, Plaintiff Alejandro Constantino Canseco (“Plaintiff”) filed his operative First Amended Complaint (“FAC”) against Defendants Win Security dba Metro Parking Inc. (“Win Security”), 3 Alameda Plaza, LLC (“3 Alameda Plaza”), Sam Young ...

Excerpt: ...filed the instant action to involuntarily dissolve Defendant Clark Drive Homeowners Association (“Defendant” or “HOA”). On May 4, 2023, default was entered against Defendant. On February 1, 2024, the Court vacated the default entered against Defendant. On March 14, 2024, Plaintiff filed the instant motion for production or inspection of documents and motion to compel mandatory special meeting. On March 26, 2024, Defendant filed an opposit...

Excerpt: ...TERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination action that was filed on August 9, 2023. Plaintiff alleges that he was harassed and ultimately terminated for sustaining a work -related injury and requiring accommodations for his resulting disability. Defendants move to compel this matter to binding arbitration pursuant to an arbitration agreement. TENTATIVE RULING: Defendants' Motion to Compel Arbitration is GRANTED. All fut...

Excerpt: ...-100 pursuant to an October 24, 2023, Complaint alleging claims of (1) Failure to Pay Wages in Violation of Cal. Labor Code § 201, et seq., (2) Unfair Business Practices in V iolation of Cal. Business & Professions Code § 17200, and (3) Wrongful Constructive Discharge in Violation of Public Policy. The claims arise from the following allegations. Defendants—which appear to operate as an electric vehicle company—enticed Plaintiff Hashim to l...

Excerpt: ...UCTION In this lemon law action, Plaintiff Elena Rubio (Rubio) alleges she bought a defective 2018 Honda Accord. The Complaint contains three causes of action: (1) lemon law - express warranty, (2) lemon law - implied warranty and (3) lemon law- Section 1793.2. Pla intiff filed the instant motion to compel further responses to Requests for Production on December 29, 2023. Defendant Honda filed an opposition on March 25, 2024. Plaintiff filed a re...

Excerpt: ...ng from a motor vehicle accident On January 25, 2024, Plaintiff filed the instant motion moving the Court for an order compelling Moller to provide further responses to Request for Identification and Production of Documents ("RPDs"), set three. More particularly, Plaintiff seeks an order compelling Moller to produce further responses to request no. 60, which seeks Mollers medical records related to injuries suffered from the incident Plaintiff co...

Excerpt: ...rch 28, 2024 RELIEF REQUESTED Plaintiff moves for an order compelling Defendant to produce its person most qualified for deposition. BACKGROUND This case arises out of Plaintiff Christel G. Franco's (“Plaintiff”) claim that Defendant Kia Motors America, Inc. breached an agreement to repurchase a 2023 Kia Sportage, Vehicle Identification Number 5XYK6CAF8PG024689 (“Subject Vehicle”). Plaintiff filed this complaint on May 23, 2023. TENTATIVE...

Excerpt: ...ACTION Plaintiff Sylvia Leon (Plaintiff) filed her complaint in this action on January 31, 2023. She alleged causes of action for fraud, quiet title, cancellation of deeds, and declaratory relief. Her complaint was based on allegations that a grant deed dated May 22, 2018, was prepared by or at the request of Defendants Samuel Pineda and Samuel Eduardo Pineda that purportedly conveyed the real property located at 13493 Filmore Street, Pacoima, CA...

Excerpt: ...t E&B Natural Resources Management Corporation (E&B) sought to purchase a 25% stake in WGH. Due to financial issues with its lenders, E&B could not directly deal with WGH. Instead, E&B allegedly formed Defendant Triton LA , LLC (Triton) to hold E&B's 25% interest in WGH. The complaint alleges that the arrangement was induced by fraud and that Defendants merely sought to take over WGH's assets for themselves. Triton allegedly demanded a higher own...

Excerpt: ...ick Arbuckle ("Arbuckle") for damages arising from an automobile accident.LMafra-Neto and Spencer filed a cross-complaint agamst Arbuckle and Roes 1 to 50 for contribution, indemnity, and declaratory relief. Defendants/cross-complainants Mafra-Neto and Spencer (collectively, "Defendants") now move for an order requirmg Plaintiff to postan undertakmg in the sum of $48,794.70 pursuant to Code Civ. Proc. 5 1030. Plamtiff opposes the motion, and Defe...

Excerpt: ...ion of their second amended cross -complaint's first cause of action for quiet title and fourth cause of action for cancellation of instruments against Perry Lazar, Plone Trust, Bruce R. Cook, and William E. Devin, III. Requests for Judicial Notice Various parties request judicial notice of numerous documents. All documents are subject to judicial notice for their existence and legal effects. The court grants all requests for judicial notice. The...

Excerpt: ...on October 20, 2021 against Defendants Air Tiger Express (USA) Inc. (“ATE”) and Matthew Tran (“Tran”) (jointly, “Defendants”). The Complaint alleges causes of action for (1) discrimination on the basis of age, (2) harassment, (3) retaliation, (4) failure to prevent discrimination, harassment, or retaliation, and (5) wrongful termination in violation of public policy. Defendants now move for summary judgment or, in the alternative, sum...

Excerpt: ...through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” ( Aguilar v. Atlantic Richfield Co . (2001) 25 Cal.4th 826, 843.) “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of ...

Excerpt: ...ARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY ADJUDICATION IS DENIED. DEFENDANTS 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, oppositions, and replies. BACKGROUND On February 7, 2023, Plaintiffs A-Ju Realty, Inc. and Yun Sam Chung f...

Excerpt: ...pany (“Plaintiff”) filed a complaint on April 1, 2020 for failure to pay insurance premiums against Defendant Perfection Cabinets, Inc. (“Defendant”). Plaintiff alleges that Defendant applied for an insurance policy from Plaintiff and Plaintiff issued policy numbers: (a) WC2-Z91 -458052- 015 for the period from November 14, 2015 to November 14, 2016 and (b) policy number WC2- Z91-458052- 016 for the period from November 14, 2016 to Novemb...

Excerpt: ...ing, 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: Erik Sords (Plaintiff) brings this action ag...

Excerpt: ...MARY OF ACTION On January 15, 2024, Plaintiff Raul Gutierrez (Plaintiff) served Defendant Hector Vidal -Ramirez (Defendant) with Requests for Admissions, Set One. Defendant's responses were due on February 16, 2024. On January 29, 2024, defense counsel requested a 14 -day extension to the deadline. Based on the extension, verified responses were due on March 1, 2024. On February 16, 2024, Defendant served unverified answers without objections to ...

Excerpt: ...self -represented litigant) alleges that on June 27, 2007, she and her mother purchased property located at 554 E. San Jose Ave., #204 in Burbank for $510,000 and the grant deed asserted the property was granted to “Sandra D. Santopietro, a widow and Michele A. Santopietro, a single woman as Joint Tenants” (“First Deed”). On October 8, 2008, a second grant deed (“Second Deed”) was executed, whereby Plaintiff's interest in the property...

Excerpt: ...tive trust, decla ratory relief, interference with contract, and unfair competition. The complaint alleges that Plaintiff and Defendant Pakulis formed a partnership called MarJa for the distribution of marijuana products. Plaintiff and Pakulis purchased Geopulse Exploration, Inc. through which to operate their cannabis production and distr ibution business. Thereafter, Pakulis allegedly betrayed Plaintiff by stealing Plaintiff's proprietary infor...

Excerpt: ...“Notwithstanding Section 916, the perfecting of such an appeal shall not automatically stay any proceedings in the trial court during the pendency of the appeal.” Plaintiff shows good cause to lift the automatic stay. There is a “presumption that statutes operate prospectively absent a clear indication the voters or the Legislature intended otherwise.” (Californians for Disability Rights v. Mervyn's, LLC (2006) 39 Cal.4th 223, 230 (CDR).)...

Excerpt: ... Plaintiff Berritto Enterprises, LLC (“Plaintiff”) filed a Complaint against Defendant Taylor Woods (“Defendant”) and DOES 1 through 50, alleging causes of action for: (1) fraudulent conveyance; (2) mo ney had and received; (3) conversion; (4) breach of fiduciary duty; and (5) fraud. On August 2, 2022, Plaintiff filed a Proof of Service indicating that Defendant was served by personal service with the summons and complaint on July 23, 202...

Excerpt: ...��Plaintiff”) service of summons upon it, or in the alternative, strike the Complaint, on the groun ds Plaintiff failed to serve the three-day notice of quit or pay rent. (Notice Quash, pgs. 1 -2.) Procedural History Plaintiff filed the operative Complaint for unlawful detainer (“UD”) on November 16, 2023. On January 23, 2024, this Court granted Plaintiff's application for order to serve summons by posting for unlawful detainer at the prope...

Excerpt: ...Shaff's (deceased), Edwin Kawasaki's, Steven Radell's, William Miller's, William Janson's, Caj Brejtfus', and Lois Evans' motion to quash pro per Plaintiff Wesley Robbins' subpoena directed to third -party Betty Green is denied. Defendants Carl Shaff's (deceased), Edwin Kawasaki's, Steven Radell's, William Miller's, William Janson's, Caj Brejtfus', and Lois Evans' motion to quash pro per Plaintiff Wesley Robbins' subpoena directed to third -party...

Excerpt: ...s (“Defendant”) and DOES 1 through 10. On July 18, 2023, Plaintiff filed the operative First Amen ded Complaint (“FAC”) against Defendant alleging causes of action for: (1) breach of oral agreement; (2) promissory estoppel; (3) accounting; (4) conversion; (5) equitable lien; and (6) constructive trust. On February 26, 2024, Defendant filed an ex parte application for trial continuance. In support of the ex parte application, Defendant pro...

Excerpt: ...aintiff's counsel within 20 days. Defendant M2 Investments, Inc. is ordered to pay $585 in sanctions to Plaintiff's counsel within 20 days. Moving party to give notice. Legal Standard “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 objection unde r Secti...

Excerpt: .... This motion is made pursuant to Code of Civil Procedure section 473(b) on the ground that the default judgment was taken against her through her mistake, inadvertence, surprise, or excusable neglect, Code of Civil Procedure section 473.5 on the ground that service of the summons did not result in actual notice to her in time to de fend the action, and on the Court's inherent, equitable power to set aside a judgment on the ground of extrinsic fr...

Excerpt: ...nty Metropolitan Transportation Authority's (“LACMTA”) bus and was injured when, upon boarding, the bus driver Defendant Jane Doe accelerated rapidly w ithout allowing Plaintiff to secure himself. Plaintiff alleges that he fell and sustained significant injuries. The complaint, filed September 8, 2023, alleges a single cause of action for negligence and statutory liability. B. Motion on Calendar On February 29, 2024, LACMTA filed a motion to ...

Excerpt: ... Gonzalez filed his Complaint against Defendant Julian Shojaie. On February 7, 2024, Plaintiff filed his operative First Amended Complaint against Defendant asserting a single cause of action for negligence. On March 11, 2024, Defendant filed the instant motion to strike portions of the FAC pursuant to Code of Civil Procedure sections 435 and 436. Plaintiff filed his opposition on March 22, 2024, and Plaintiff filed his reply on March 25, 2024. L...

Excerpt: ...��Decedent”) was an elder at all relevant times and the father of Plaintiffs. Defendant Las Casitas Assisted Living Facility (“Facility”) is alleged to be a busines s that provides long term custodial and skilled care as licensed skilled nursing facility. Defendants Sheila Gonzalez and Manual Gonzalez are alleged to be the owners, operators, and administrators of Facility. Plaintiffs allege that Decedent's injuries arose out of the organiza...

Excerpt: ...NIES in part Plaintiff's motion to tax costs. The court taxes Defendant Mueller's memorandum of costs in the amount of $5,500. Thus, the court awards Defendant Mueller costs in the reduced amount of $9,760.71. Background On April 21, 2021, Plaintiff John Ploense (“Plaintiff”) initiated this action against Defendants Timothy Mueller (“Mueller”) and Abxtract Tattoo LLC, alleging the following causes of action: (1) negligence; (2) breach of ...

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

Excerpt: ...s (“Defendant”) property located at 6555 Foothill Blvd., Tujunga, CA 91042 on December 24, 2020, when she tripped and fell on a floor mat. Plaintiff alleges that she sustained bodily injuries. The complaint, filed November 16, 2022, alleges causes of action for: (1) premises liability; (2) general negligence. B. Motions on Calendar On February 14, 2024, Plaintiff filed 3 motions to compel the depositions of Defendant's employees: (1) Arturo C...

Excerpt: ...Rule 3.1308(a)(1) notice of intent to 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 Bur...

Excerpt: ...quests for production. Plaintiff John Gross' Motion to Compel Deposition of Brandon Sangster is GRANTED, and Sangster's deposition and document production is directed to take place on or before August 8, 2024. I. MOTION TO COMPEL DEPOSITION A party may make a motion compelling a witness's deposition “after service of a deposition notice” if that witness “fails to appear for examination, or to proceed with it.” (Code Civ. Proc. § 2025.450...

Excerpt: ...RY OF ACTION On May 4, 2023, Plaintiff Carmen Cristina Oliveros -Lopez (Plaintiff) filed this action against Defendant American Honda Motor Co. (Defendant) for causes of action related to violations of the Song -Beverly Warranty Act. Plaintiff has alleged three causes of action for violation of the Song -Beverly Act against Defendant Honda American Motor Co. and one cause of action for negligence per se against the repair facility, Defendant Hond...

Excerpt: ...KGROUND: On November 22, 2023, Petitioner BS Associates Company Limited filed Judicial Council Form ADR -106, Petition to Confirm Contractual Arbitration Award against Respondent Pink Personality, Inc. (“Petition”). Petitioner concurrently filed Memorandum of Points and Authorities (“Memorandum”). On March 12, 2024, Petitioner filed Motion for Order Granting Petition (“Motion”). Petitioner concurrently filed its Proposed Order. No opp...

Excerpt: ... relief. On July 14, 2023, the clerk entered Allen's default. On January 2, 2024, the Court granted Allen's motion to vacate the default. On February 20, 2024, the Court sustained Campbell's demurrer to Plaintiffs' claims for intentional infliction of emotional distress and strict liability for engaging in ultrahazardous activity with 30 days leave to amend. The Court also granted Campbell's motion to strike Plaintiffs' punitive damage claim and ...