Excerpt: ... causes of action for (1) Premises Liability; (2) General Negligence; and (3) Wrongful Eviction. Defendant SANDRA CARRILLO (“Defendant”) demurs to the third cause of action under CCP §430.10(a) and (e), arguing that this claim is barred by res judicata. Defendant argues that Plaintiff's claim for wrongful eviction could have/should have been raised in an earlier filed and litigated unlawful detainer action. The Court has reviewed the judicia...

Excerpt: ... an offer of proof if so. Background Plaintiff Flossie C. Parungao (“Plaintiff”) alleges as follows: Plaintiff and Wilfred T. Co aka Winnifredo T. Co (“Co”) are siblings. In June 2004, Plaintiff located and negotiated the purchase of the property located at 302 S. Loraine Ave., Glendora, California 91741 (“Property”) to serve as her residence. Co offered to assist Plaintiff with the purchase of the subject property. Plaintiff and Co a...

Excerpt: ...ULING The application for determination of good faith settlement is GRANTED. The court ORDERS that in this action and all related actions, all present claims and cross-complaints of any kind for implied indemnity, equitable comparative contribution and apportionment or partial or comparative indemnity and apportionment based on com parative negligence or comparative fault against Avis Budget Car Rental LLC be and are dismissed with prejudice. Any...

Excerpt: ... causes of action arising from Plaintiff's employment with Defendants. On May 5, 2023, Plaintiff filed his First Amended Complaint. On November 9, 2023, the Court deemed admitted certain requests for admission (“RFAs”). On March 20, 2024, Defendant Edgebanding Services, Inc. (“Defendant”) filed its Application for Relief from November 9, 2023 Order Granting Plaintiff's Motion to Deem Requests for Admissions Admitted (“Motion for Relief ...

Excerpt: ...he defendant shall be served with all of the following: (a) a copy of the summons and complaint; (b) A Notice of Application and Hearing; and (c) a copy of the application and any affidavit in support thereof. (CCP §512.030.) The proof of service filed on October 30, 2023 shows that Defendant was served with all necessary documents. Merits Upon the filing of the complaint or at any time thereafter, the plaintiff may apply for a writ of possessio...

Excerpt: ...read and considered the moving papers (no opposition was filed) and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff ABLT filed the Complaint against Defendants National, Kindt, and Gleich, on January 8, 2024, alleging (1) claim and delivery and (2) money on a contract. The Complaint alleges as follows. Defendants entered into a written Contract in which they leased the Vehicle from ABLT's assignor. Defend...

Excerpt: ...d April 11, 2024 RELIEF REQUESTED Defendant demurrers to Plaintiff's complaint. BACKGROUND This case arises out of Plaintiff Creditors Adjustment Bureau, Inc.'s (“Plaintiff”) claim that Defendant Edgar J. Guttierrez (“Defendant”) owes an outstanding sum of $16,505.58 for credit card charges and $9,903.83 for a line of credit. Plaintiff filed this complaint on September 11, 2023, alleging one cause of action for breach of contract. TENTATI...

Excerpt: ...d and considered the moving papers (no opposition was filed) and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Bank filed the Complaint against Defendants National, Kindt, and Gleich, on December 4, 2023, alleging (1) claim and delivery and (2) money on a contract. The Complaint alleges as follows. Defendants entered into a written Contract in which Bank's assignor would finance the purchase of the Vehi...

Excerpt: ... ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND This is a family business dispute. On November 15, 2023, plaintiffs Jesse Hirezi (Jesse), an individual and as Trustee of the J & R Hirezi Family Trust of April 20, 2015, Randa Hirezi (Randa), an individual and as Trustee of the J & R Hirezi Family Trust o f April 20, 2015 (collectively, Plaintiffs) filed this action against defendants Hanna Bishara ...

Excerpt: ...Amended Complaint (“FAC”). The Court OVERRULES the demurrer. Background This is a landlord- tenant case. The following facts are taken from the allegations in the FAC. Defendants owned or managed (it is unclear which) a four -unit residential rental property located at 720 -722 West 79th Street, Los Angeles, California 90044 (the “Property”). Plaintiffs were tenants at the Property during various time periods. Plaintiffs allege that Defen...

Excerpt: ...rer to the entire FAC as to Defendant Vargo is sustained with leave to amend. The demurrer to the fourth cause of action for civil theft is sustained with leave to amend and overruled as to the second cause of action for conversion. Plaintiffs are granted 30 days leave to amend. The court continues the Case Management Conference to, and sets the OSC RE: Amended Complaint for, May 30, 2024, at 8:30 a.m. Moving party to give notice. BACKGROUND On A...

Excerpt: ... 4th Cause of Action for Negligent Hiring, Supervision, and Retention · 5th Cause of Action for Breach of Mandatory Duty RULING : Demurrer is sustained with leave to amend SUMMARY OF ACTION Plaintiff Arif Marwan Halaby (Plaintiff) alleges that on March 14, 2022, a teacher at a Defendant Los Angeles Unified School District (Defendant) middle school verbally assaulted Plaintiff and then physically assaulted him by grabbing Plaintiff by his neck . ...

Excerpt: ...2023, the operative First Amended Complaint (“FAC”) was filed. Plaintiff alleges that “[o]n December 11, 2017, plaintiff quitclaimed the property to one Angela Michelle Carrasca. On March 8, 2019, Angele Michelle Carrasco transferred said property to Daniel Carrasco and Angela Carrasco, husband and wife as joint tenan ts.” (FAC ¶6.) “Plaintiff did not on December 11, 2017, or at any time, intend to transfer his property to Angele Miche...

Excerpt: ... amended complaint which was rejected. (See Notice of Rejection, 6/23/23.) On February 14, 2024, the Court granted a joint stipulation providing leave for Plaintiff to file a second amended complaint (“S AC”). On February 15, 2024, Plaintiff filed the operative SAC against Defendants La -Z -Boy Incorporated, Home Delivery Link Inc., On 2 the Next Logistix, LLC, Kristin Tyler James, Anthony Charles Scandrick, and Does 1 to 50, asserting the fo...

Excerpt: ... Complaint [CRS# 2143]; Plaintiff Jinwoo Park's Motion to Request the State Bar for Defendant Keith Kim's Residence Address; and Plaintiff Jinwoo Park's Motion to Request Appointment of Attorney. I. Background A. Pleadings Plaintiff Jinwoo Park sues Defendants Keith K. Kim, John P. Yasuda, Herb Fox, Joseph Walsh, and State Bar of California pursuant to a November 1, 2023, Third Amended Complaint (TAC) alleging an undefined cause of action that is...

Excerpt: ...pposition, and reply papers. BACKGROUND This action arises out of an employment relationship. Plaintiff's first amended complaint (the “FAC”) alleges: (1) race discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) harassment on the basis of race in violation of FEHA; (3) religious discrimination in violation of FEHA; (4) retaliation in violation of FEHA; (5) failure to prevent race discrimination, harassment, an...

Excerpt: ...es for this case (22STCV29506) and case numbers 23STLC07239 , 23IWSC01292, 23IWSC01646, and 23IWSC01291. Also on January 8, 2024, Seres filed a motion to consolidate case numbers 23STLC07239, 23IWSC01292, 23IWSC01646, and 23IWSC01291 to be heard on February 9, 2024. The Court continued the hearing to February 20, 2024. On February 9, 2024, Seres filed an answer. On February 20, 2024, the Court heard argument on its tentative ruling and continued ...

Excerpt: ...nopposed as of April 15, 2024. This is an employment law action. Specially Appearing Defendants Base Hills, Inc. dba Jan Point; Nellis Building Service, Inc.; and Sunny Kim move to quash service of summons served on them. Request for Judicial Notice Specially Appearing Defendants request the court to take judicial notice of the “right to sue notice” issued by Nevada Equal Rights Commission on January 25, 2023 under California Evidence Code se...

Excerpt: ... mandates. Now, specially appearing Doe Defendant Kristin Crowley (Defendant Crowley) moves to quash service of summons. Discussion Defendant Crowley, the Fire Chief of LAFD as of 3/25/2022 argues that service upon her was defective because Plaintiffs failed to personally serve her by personal service. "Personal Service" has been defined as the actual delivery of the papers to the defendant in person. (See Sternbeck v. Buck (1957) 148 Cal...

Excerpt: ...ounty of Los Angeles (“County”) and Los Angeles County Sheriff's Department (erroneously sued separately) for damages arising from Decedent's death while in Men's Central Jail at 441 Bauchet St., Los Angeles, CA, 90012. Plaintiff alleged the following causes of action: (1) negligence, (2) wrongful death, and (3) premises liability. On August 22, 2023, the Court granted County's motion for judgment on the pleadings with leave to amend within 2...

Excerpt: ...mely response to a request for admission under Code of Civil Procedure section 2033.010, the propounding party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction. (Code of Civ. Proc., § 2033.280, subd. (b).) The party who failed to respond waives any objections to the demand, unless the court grants that party relief from the wa...

Excerpt: ...liability. City filed an answer on June 1, 2021. On December 15, 2021, Plaintiff filed an amendment to the complaint to name James W. Stewart, II (“Stewart”) as Doe 1. On June 2, 2023, Plaintiff filed a First Amended Complaint (“FAC”) asserting the same claims against the same defendants. On June 6 and 29, 2023, Stewart and City filed their answers to the FAC. On March 1, 2024, Stewart filed his motion for summary judgment. The motion is ...

Excerpt: ...oy to Provide Further Responses to Defendant's Form Interrogatories, and Request for Sanctions [CRS# 1968]; Defendant American Honda Motor Co., Inc.'s Motion to Compel Plaintiff Patricia Mascorro Monroy to Provide Further Responses to Defendant's Special Interrogatories, and Request for Sanctions [CRS# 9876]; Defendant American Honda Motor Co., Inc.'s Motion to Compel Plaintiff Gerardo Monroy to Provide Further Responses to Defendant's Special In...

Excerpt: ...ct are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” (Code Civ. Proc. § 1048, subd. (a).) The purpose of consolidation is to enhance trial court efficiency by avoiding unnecessary duplication of evidence and the danger of incon...

Excerpt: ...void unnecessary costs or delay.” (Code Civ. Proc. § 1048, subd. (a).) The purpose of consolidation is to enhance trial court efficiency by avoiding unnecessary duplication of evidence and the danger of inconsistent adj udications. (See Todd -Stenberg v. Dalkon Shield Claimants Trust (1996) 48 Cal.App.4th 976, 978 -979.) Consolidation, however, is not a matter of right; it rests solely within the sound discretion of the trial judge. (Fisher v....

Excerpt: ...G PARTY: Defendants Marie Ilous and In Action Realtors, Inc. d/b/a Brad Korb Real Estate NOTICE: ok RELIEF REQUESTED: An order from this Court compelling Defendants Marie Ilous and In Action Realtors, Inc. to serve full, responsive, and complete verified responses, without objections to Plaintiffs' Request for Production, Set One, and imposing monetary sanctions in the am ount of $2,425.00. TENTATIVE RULING: The motion is deemed MOOT. The request...

Excerpt: ...ments; and 4. Plaintiff Holly Robin Garcia's Motion to Compel Defendant Michael Antonio Diaz to Respond to Requests for Admissions. TENTATIVE RULING The Court GRANTS Plaintiff's motions to compel Defendant Michael Antonio Diaz to respond to special interrogatories, form interrogatories, requests for production of documents, and requests for admissions. The truth of the matters specified in Requests for Admissions, Set One, is deemed and conclusiv...

Excerpt: ...ge for dismissing a lawsuit, Defendant agreed to pay a total of $124,392.08 in monthly installments, subject to late fees. Aside from some payments, there remains an unpaid principal of $107,930.30. On April 18, 2023, the complaint was filed. [2] On June 2, 2023, default was entered against Defendant. On July 20, 2023, default judgment was entered against Defendant in the total amount of $113,623.29 ($94,955.81 in damages; $11,751.96 in prejudgme...

Excerpt: ...g Plaintiff Brown an extension to provide responses by January 15, 2024, Plaintiff has failed to sewe responses to date despite defense counsel sending several follow-up correspondences. Defendant therefore seeks an order compelling Plaintiff Brown to respond, without objections, to the outstanding discovety and to pay sanctions. Any opposition was due on or before April 4, 2024; the motion is unopposed. 11. MOTION TO COMPEL For a motion to compe...

Excerpt: ...lleged abuse took place in 1991 -1992, when Jane Doe AH was 13 and Jane Doe KC was 15. The abuse occurred in both Mexico and California, while the Doe plaintiffs were backup singers and dancers for Defendant Trevi, a Mexican popstar. There are two cross -complaints in this action, as well as a related case filed by a third Jane Doe, as well as the two Doe plaintiffs here. Defendant Trevi filed the motion to compel further responses on October 17,...

Excerpt: ...er. She regularly appears on television and media. Plaintiff hired Defendant Victoria Sophia Sanjurjo to apply facial fillers to her face. D efendant's treatment was allegedly so deficient, it resulted in substantial deformities to Plaintiff's face. Defendant also purportedly disclosed to Plaintiff's friend, confidential details of the surgery. On May 30, 2023, Plaintiff filed a Complaint against Defendant. The Complaint alleges two claims for pr...

Excerpt: ...Galloway, Hanibal Design Carlisle, and Urban Bilial Carlisle for breach of contract, intentional misrepresentation, and financial elder a buse. Plaintiffs filed an amended complaint on January 19, 2024. Plaintiffs allege Ellen, who is 89 years old, purchased a 3 -bedroom condominium. David is Ellen's son. Plaintiffs further allege Constance befriended Ellen and Ellen considered Constance like a daughter. Constance informed Ellen she could act as ...

Excerpt: ...iff filed suit against the City for (1) Premises Liability and (2) General Negligence. On December 29, 2022, the City filed a Demurrer, which the court sustained with 20 days leave to amend on 2/14/23 (as the complaint provided no bases of statutory liability as required by Government Code § 815). On June 15, 2023, the City filed the instant two discovery motions (and two more with scheduled hearings for 8/15/23). On July 7, 2023, the court in t...

Excerpt: ...e strongly encouraged to appear by LACourtConnect rather than in person due to the COVID -19 pandemic. Plaintiff Massamilano Valladares seeks to strike the Answer of Defendants Black Executive Security Inc. and George Flaviu Pop because they are unrepresented litigants. Motions to strike are used to challenge defects in the pleadings not subject to demurrer. Any party may move to strike the whole or any part of a pleading within the time allotted...

Excerpt: ...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 February 7, 2023, a jury entered verdicts in favor of Plaintiffs DONE! Ventures, LLC (“Done!”) and Coastal Laundromat, Inc. (“Coastal”), and against Defendants Jerry Jamgotchian, El Segundo Plaza Associates L.P. (“ESPA”), and Theta Holding IV, Inc. (“Theta”), for P...

Excerpt: ... corporation (the "Lewitt Hackman Defendants") move the court for an order striking the Complaint for Malicious Prosecution filed by Plaintiffs Reuven Justin Cypers aka Rory Cypers ("Cypers") and Residual Income Opportunities, Inc. ("RIO")(collectively, "Plaintiffs"). Discussion The operative Complaint comprises of a sole cause of action for malicious prosecution. As to Plaintiffs' sole cause of action, an acti...

Excerpt: ... granted. SUMMARY OF ACTION On February 27, 2023, Plaintiff The Las Canoas Co. (Plaintiff) filed a complaint against Defendants McGarrigle, Kenney & Zampiello, APC and Patrick C. McGarrigle (the McGarrigle Defendants) and other defendants, including Annette Rubin and Abraham Stuart R ubin (the Rubins), with a single cause of action for malicious prosecution. The cause of action for malicious prosecution is based on the underlying case of McCoy El...

Excerpt: ...nt action against Les Cohen, individually and as a Trustee of The Cohen Living Trust dated January 17, 2018 (“Cohen”); David Daneshrad, Esq.; Assaf Cohen, Esq., aka Jay Cohen; and Cohen and Daneshrad, LLP. The complaint asserts nine causes of action, five of which are alleged against Cohen: (a) the first cause of action for “fraud, deceit and concealment”; (b) the second cause of action for “fraud and deceit-for rescission and restituti...

Excerpt: ...�) that Petitioner received an overpayment of unemployment insurance benefits. Respondent opposes the petition, which is denied. FACTUAL BACKGROUND On September 21, 2021, The EDD notified Petitioner that it determined he had been overpaid unemployment insurance benefits. [1] (AR 5.) The EDD found that “benefits were paid before it was known that you had earnings over $25.99.” (AR 5.) The EDD reported to Petitioner it had added a statutory pen...

Excerpt: ...HER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS ARE CONTINUED. PLAINTIFFS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self -represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers. No opposition was filed. BACKGROUND On November 24, 2021, Plaintiffs Joel Bernknopf and John Lamorte sued Defendants ...

Excerpt: ...OUND This case arises from an employment dispute. Defendant Aurice Veloso was a long -time caregiver for Plaintiff Leo David and his late wife, Ruth David. (Compl. ¶¶ 7 -8.) Plaintiff alleges Defendant stole monies and personal property and engaged in financial and physical elder abuse. ( Id. ¶¶ 11 -30.) The operative complaint alleges eleven claims for: (1) Elder Abuse; (2) Intentional Infliction of Emotional Distress; (3) Negligent Inflicti...

Excerpt: ...ty”). Plaintiffs' causes of action in the First Amended Complaint (“FAC”) against Defendant Block are: (1) Wrongful Foreclosure; (7) Accounting; and (8) Unfair Business Practices. Plaintiffs' causes of action against both Defendants are: (2) Quiet Title; (3) Cancellation of Instrument; (4) Declaratory Relief; (5) Violation of Regulation Z of the Truth in Lending Act; and (6) Fraud. On 2/6/24, the Court denied Plaintiffs' ex parte applicatio...

Excerpt: ...laintiff”) filed a Complaint against Defendants, Searock PVE, LLC, Pinky Khan, Ahmad Khan, Tiffany Kawata, Murat Mese, and DOES 1 through 100. The Complaint alleges causes of action for: (1) Intentional Mi srepresentation; (2) Negligent Misrepresentation; (3) Fraudulent Concealment; (4) Private Nuisance; (5) Invasion of Privacy, Intrusion into Seclusion; (6) Intentional Infliction of Emotional Distress; (7) Breach of Implied Warranty of Habitab...

Excerpt: ...S SET FOR MAY 15, 2024 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Kareen Rowtham (“Defendant”) on January 13, 2021. Defendant filed an answer and cross- complaint against Cross-Defen dant Cole Michael Cornan (“Cross - Defendant”). On July 13, 2022, Plaintiff filed a co...

Excerpt: ...favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. (CCP § 1032 (a)(4).) “Allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.” (CCP § 1033.5(c)(2).) “If the items appearing in a cost bill appear to be prop...

Excerpt: ...professional negligence by, among other things, representing them in matters despite the existence of an undisclosed conflict. Defendants Yongduk Chung; JC&Company Law Corporation; JC&Company, Inc.; JC&Company PC; and JC&Company, LLP now move to strike portions of the Second Amended Complaint. Plaintiffs opposed. TENTATIVE RULING: Defendants' Motion to Strike is GRANTED without leave to amend. Defendants are to file an Answer to the SAC (as modif...

Excerpt: ... and Ho Seong Lee (collectively, Plaintiffs) filed this action against defendants Nicholas Simmons (Nicholas), Cathy Simmons (Cathy) (collectively, Moving Parties), Prager Metis, CPAs (Prager), Genitrix Georges (Georges), and Does 1 to 10. On September 29, 2023, Plaintiffs filed a Second Amended Complaint (SAC), alleging causes of action for injury to real property, breach of contract (Nicholas and Cathy Simmons), intentional misreprese ntation/f...

Excerpt: ...t Mulgrew Aircraft Components, Inc. Motion to Strike Cross-Complaint The court considered the amended moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Plaintiff and cross -defendant David Maijala (“Maijala”) moves the court for an order striking the Cross -Complaint filed by defendant and cross -complainant Mulgrew Aircraft Components, Inc. (“Mulgrew”) on December 7, 2023 as untimely. “If a party doe...

Excerpt: ...agraphs 1, 31, 43, and 45 and paragraphs 7 and 8 of the Prayer for Relief or Plaintiffs' claims to Declaratory Relief, Injunctive Relief, and Punitive Damages. The opposition was due April 4, 2024 and none was filed. Discussion Previously at the hearing on the demurrer to the original complaint, the Court sustained the demurrer to the third cause of action (COA) for declaratory relief. The Court granted leave to amend the third COA. However, Plai...

Excerpt: ...intiff 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 Demand for Production No. 1, Set Two, without objection within 10 days, and imposing monetary sanctions in the amount of $2,400.00 aga...