Excerpt: ...aintiff paid Defendant's rent from approximately October 2017 to November 2022, in large part to ensure Victoria would not be homeless. Throughout the years Plaintiff and Defendant had numerous discussions about establ ishing a trust for Victoria's exclusive benefit. After Plaintiff and Defendant ended their relationship, Plaintiff made four transfers to Defendant in November and December 2022 totaling $350,000.00, with the mutual understanding a...

Excerpt: ... California IVF Fertility Center and its donor embryo program (collectively, “Defendants”.) After becoming pregnant using in vitro fertilization, Plaintiff gave birth to twin boys on April 1, 2022. One of the children, A.W., was born with life threatening ailments, and died two months after birth. I.W., the surviving twin, also suffers from several genetic diseases. Plaintiff alleges that Defendants failed to properly vet and maintain an accu...

Excerpt: ... ANSWER IS GRANTED. THE AMENDED ANSWER SHALL BE FILED WITHIN 10 DAYS. RESPONDENT 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 August 7, 2023, Petitioner Crane Boulevard Safety Coalition filed the operati...

Excerpt: ... The RISC was subsequently assigned to Automotive Credit Corporation (“ACC”). Right after purchasing the subject vehicle, Plaintiffs realized that the subject vehicle's transmission was defective. Plaintiffs took the subject vehicle in for repairs and learned they would cost $5,000.00. Sus Amigos refused to repair the subject vehicle. On February 14, 2022, Plaintiffs filed a complaint, asserting causes of action against Sus Amigos, ACC, Ameri...

Excerpt: ...Amended Complaint filed. • 10/17/22: Second Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for wrongful foreclosure on a property located at 82 W. Abor Street, Long Beach, CA 90805. Defendants move for judgment on the pleadings. TENTATIVE RULING: Defendants' Motion for Judgment on the Pleadings is GRANTED. Dismissal is entered as to all Defendants with prejudice this date. DISCUSSION: Defendants move ...

Excerpt: ... 16, 2024 discovery order. The Court DENIES Defendant's request for issue sanctions. The Court GRANTS Defendant's request for monetary sanctions in the amount of $4,391.00. Plaintiff shall pay this amount to Defendant's counsel within 30 days of the issuance of this order. Background Plaintiff filed this action on September 8, 2022 against Defendant, her former employer, alleging (1) discrimination under FEHA; (2) retaliation under FEHA; (3) fail...

Excerpt: ... Aldibert Esteban, Maisha Sykes, Deborah Berens, and Linda Hinkley Responding Party: None Motion for Final Approval of Class Action Settlement and Provisional Certification of Class The Court has considered the moving papers and supplemental briefing. No opposition was received. The Court GRANTS Plaintiffs' motion for final approval of class action settlement. Counsel is awarded $8,000,000 in fees and $60,000 in costs. The administrator is awarde...

Excerpt: ...Defendant”) moves for an order awarding him attorneys' fees against Plaintiff Jaydon Douglas Paull (“Paull”) (“Plaintiff”) in the total amount of $27,170.00. (Notice of Motion, pg. 1.) Background On December 5, 2023, Plaintiff filed his operative complaint (“Complaint”) against Hovsepian and Defendants Hasti Rahsepar (“Rahsepar”), HDR Law Group, Inc. (“HDR”), and Der Vartanian (collectively, “Defendants”), alleging a sin...

Excerpt: ...mplaint (2) Demurrer to Cross -Complaint (3) Demurrer to Cross -Complaint (4) Demurrer to Cross -Complaint (5) Motion to Strike (6) Motion to Strike (7) Motion to Strike (8) Motion to Strike The court considered the moving, opposition, and reply papers. RULING The demurrers to the second, third, and seventh causes of action in the cross -complaint are SUSTAINED WITH 20 DAYS LEAVE TO AMEND. The demurrer to the eighth cause of action is OVERRULED. ...

Excerpt: ...dant Avo Ovasapyan (“Defendant”). Plaintiff alleged three causes of action for (1) Breach of Contract, (2) Un fair Business Practices in Violation of Business and Professions Code § 17200, and (3) Fraud – Civil Code § 1710(4). On September 29, 2023, Plaintiff filed a First Amended Complaint (“FAC”) against Defendant alleging an additional fourth cause of action for (4) Violation of Penal Code § 350 Selling Counterfeit Goods. On Octob...

Excerpt: ...Without Intent to Perform 5. Breach of Oral Contract 6. Accounting 7. Defamation 8. Injunctive Relief * Lundgren fails to provide clear notice as to which causes of action are the subject of the demurrer. The notice indicates that the Lundgren is demurring to the 3 rd, 4 th, 5 th, 6 th, 7 th and 8 th causes of action. However, the Demurrer and Memorandum of Points and Authorities indicate that Lundgren's demurrer addresses only the 3 rd, 4 th and...

Excerpt: ...aintiff Elshir Enterprises, LP's (Plaintiff) First Amended Complaint (FAC) for Unlawful Detainer (UD.) Elshir Enterprises, LP is now named as plaintiff in the FAC, replacing CaliTex, LLC. Defendant further moved to strike Plaintiff's entire FAC, as well as, FAC pars. 1, 4, 6(4), 6(d), 9(1), 12, 10(3), and the verification. The Court considered the demurrer, the motion to strike, and the joint opposition to the demurrer and motion to strike. A rep...

Excerpt: ...kov on causes of action arising from the alleged development of property on a conservati on easement. On September 8, 2022, Defendants filed their Answer to the Complaint. On December 8, 2022, the Court scheduled trial in this matter for December 18, 2023. On November 15, 2023, pursuant to Plaintiff's ex parte request, the Court continued the trial date from December 18, 2023 to May 28, 2024. The Court ordered that no further continuances were al...

Excerpt: ... GALLEGOS (“Plaintiff”) was injured in a car accident on July 22, 2021. This action was filed on July 27, 2023. Plaintiff's Complaint asserts the following two causes of action: (1) General Negligence; and (2) Motor Vehicle Negligence. Demurrer Defendant SULLY- MILLER CONTRACTING COMPANY (“Defendant”) generally demurs on the basis that Plaintiff's claims are barred by the statute of limitations. Under CCP §335.1, the statute of limitatio...

Excerpt: ... Eugene Seniura (“Eugene”) (collectively, “Cross-Defendants”) demurs to and move to strike portions of the Second Amended Cross- Complaint (“SACC”) filed by Defendant and Cross- Complainant Tammy P. Lang-Tanaka (“Defendant”) as Successor Trustee of the Benjamin M. Lang Trust of 2017 dated May 18, 2017 (the “BML Trust”). Defendant separately moves for leave to amend the SACC. The Court OVERRULES the demurrer. The Court DENIES t...

Excerpt: ...ike Portions of the Complaint is DENIED as MOOT. Background Plaintiff Ruben Olague (“Plaintiff”) alleges as follows: Plaintiff is a dependent adult. Plaintiff was a resident at Inland Valley Care and Rehabilitation Center in Pomona, from in or about May 2023 through July 2023. Plaintiff developed severe pressure sores as a result of deficiencies in care. On January 2, 2024, Plaintiff filed a complaint, asserting causes of action against Inlan...

Excerpt: ...d with Down Syndrome at the relevant time of school attendance, with defendant Los Angeles Unified School District (LAUSD), alleges the school district failed to ever provide any “formal assessment,” and therefore nev er developed an Individualized Education Plan. On February 20, 2019, Plaintiff filed a complaint for Unruh Civil Rights Act, California Government Code section 11135, Intentional Infliction of Emotional Distress, Negligence, and...

Excerpt: ...�� Concealment Motion to Strike · Claim for Punitive Damages [FAC, p. 30, Paragraph 6 of the Prayer for Relief] RULING: Demurrer is sustained with leave to amend for the First, Second, and Third Causes of Action. Demurrer is moot for the Fourth Cause of Action. Motion to strike is granted. SUMMARY OF ACTION On May 15, 2020, Plaintiff Luis Fernando Sanchez (Plaintiff) purchased a 2019 GMC Sierra. (FAC, ¶ 4.) Plaintiff alleges that he received a ...

Excerpt: ...d, fourth, sixth, seventh, eighth, ninth, and tenth causes of action in the Fi rst Amended Cross-Complaint (“FACC”) filed by Defendant and Cross -Plaintiff Core/Related Grand Ave Owner, LLC (“Core”). The Court SUSTAINS the demurrer WITHOUT LEAVE TO AMEND as to the fourth, sixth, eighth and tenth causes of action. The Court SUSTAINS the demurrer WITH LEAVE TO AMEND as to the second, seventh and ninth causes of action. Cross -Defendants sha...

Excerpt: ...nc. (Maserati) by purchasing a 2023 Maserati Grecale. Subsequently, Zhang alleges the vehicle exhibited nume rous defects and nonconformities. Zhang then alleges Maserati failed to adequately repair or replace the vehicle. On December 4, 2023, Zhang filed a complaint against Maserati and Does 1 -10, alleging (1) violation of Civil Code section 1793.2, subdivision (d); (2) violation of Civil Code section 1793.2, subdivision (b); (3) breach of expr...

Excerpt: ...May 16, 2023, plaintiff Christine Rush filed a complaint against Brant Griffin for premises liability based on a slip and fall on April 24, 2021. Plaintiff alleges that she was a guest at defendant's property in Palm Springs to celebrate a birthday. On the night of the incident, plaintiff arrived at the property around 10:00 p.m. and took her dog outside to relieve itself. Plaintiff's dog wandered into the swimming pool and began to drown. Plaint...

Excerpt: ... a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the ple...

Excerpt: ...r 8, 2023, Plaintiff filed a complaint, asserting a cause of action against Defendant and Does 1- 10 for: 1. Negligent Child Abuse A Case Management Conference is set for April 4, 2024. Legal Standard A demurrer may be made on the grounds that the pleading, inter alia, does not state facts sufficient to constitute a cause of action and/or is uncertain. (Code Civ. Proc., § 430.10, subds. (e) and (f).) A demurrer may also be made on the basis that...

Excerpt: ...ted may file a cross -complaint setting forth: “(b) Any cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy which ...

Excerpt: ...ed the operative Second Amended Complaint (“SAC”). Plaintiff alleges that her daughter, Marlee Sage Butler (“Marlee”) was born on April 8, 2020, with holoprosencephaly. Marlee was admitted to Medical Center on July 8, 2020. On July 15, Marlee stopped breathing and became unresponsive and required intubation. On July 18, 2020, after two tests for brain death were performed, Marlee was pronounced dead. 2. Motion for New Trial (Against Defen...

Excerpt: ...a worked for Defendant Cooperative of American Physicians, Inc. Plaintiffs allege Defendant terminated their employment after Plaintiffs reported that a fellow employee had engaged in a scheme to steal money and product from Defendant. Plaintiffs bring causes of action for (1) violation of Labor Code section 1102.5, (2) wrongful termination in violation of public policy, and (3) defamation. Defendant now moves to quash Plaintiffs' deposition subp...

Excerpt: ... on April 4, 2024. BACKGROUND On 1/20/2023, plaintiff Jae S. Kim (“Plaintiff”) filed this action. On 1/24/2023, Plaintiff filed the operative First Amended Complaint (“FAC” ") against Defendants South Bay Hyundai LLC aka Hyundai Dealer, Hyundai Motor Manufacturing Alabama LLC aka HMMA (“HMMA”), Hyundai Motor Company (“HMC”) and Does 1 through 50, inclusive, asserting causes of action for (1) breach of oral contract, (2) breach...

Excerpt: ...ICE. 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 4, 2019, Plaintiff Mark Merrens sued Defendants Viking River Cruises, Inc., Rostislav Karchemsky, and Vikram Nair, asserting fourteen causes of action incl...

Excerpt: ... physical altercation that took place on October 6, 2018 on Defendant's premises. Defendant filed its answer on December 2, 2021. Plaintiff was initially represented by counsel. On December 19, 2023, Plaintiff filed a substitution of attorney; Plaintiff is now representing herself in pro per. On March 1, 2024, Defendant filed its motion for summary judgment. On March 12, 2024, Defendant filed this motion to continue trial. No opposition has been ...

Excerpt: ...ories to be answered under oath.” (Code Civ. Proc., § 2030.010(a).) If a propounding party is not satisfied with the response served by a responding part y, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., § 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) The propounding party must demonstrate that the responses were incomplete, inadequ...

Excerpt: ...denied without prejudice. The Motion with respect to requests for admission is granted. The Motion with respect to requests for production 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. “This case arises from Defendants' failure to honor their agreement to pay Willat a contractually - required bonus p...

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: ....) On August 11, 2023, Defendant MELVIN RENE MORALES ASTORGA (“Defendant”) served responses. (Id. ¶5.) On August 25, 2023, Plaintiff's counsel sent a meet and confer letter to Defense Counsel regarding purported deficiencies in Defendant's responses. (Id. ¶6.) On September 15, 2023, attorneys for Defendant provided amended responses, which Plaintiff argues are not code- compliant. (Id. ¶8.) On September 28, 2023, Plaintiff filed the subjec...

Excerpt: ...e and attempts to repair the vehicle failed to cure the defects. (Complaint ¶¶9 and 11.) On August 1, 2023, Plaintiffs filed a Complaint against Defendants alleging violations of Song- Beverly Act and Negligent Repair. Defendant AMERICAN HONDA MOTOR CO., INC. (“Defendant” or “Honda”) now seeks to compel arbitration under the Retail Installment Sales Contract (“RISC”) and its accompanying arbitration agreement. Arbitration Agreement ...

Excerpt: ...exist for the revocation 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 existe...

Excerpt: ...aintiff's purchase of a used 2017 Nissan Pathfinder vehicle. Sometim e thereafter, the RISC was assigned to Defendant Blackfish Capital, LLC (“Blackfish”). This action was filed by Plaintiff against Defendants Freeway; Blackfish; and HUDSON INUSRANCE COMPANY (“Hudson”) (collectively “Defendants”) on August 3, 2023. Plaintiff's Complaint asserts the following causes of action: (1) Violation of the Consumers Legal Remedies Act against F...

Excerpt: ...g this action. The Court DENIES Defendant's motion. Background This is an employment case. Plaintiff worked for Defendant as a general manager of the Luminarias Restaurant beginning in June 2023 and ending when Defendant terminated him on August 11, 2023. Plaintiff filed this action on November 15, 2023. The complaint raises claims for (1) retaliation in violation of FEHA; (2) failure to prevent retaliation; (3) retaliation in violation of Labor ...

Excerpt: ... person due to the COVID-19 pandemic. On November 20, 2023, the Court granted Plaintiff Shahla Melamed's motion to compel further responses to her requests for production, set one, nos. 6, 7, 8, 10, 17, 14, 15, 16, 18, 19, and 20 propounded on Defendant Vasel Malota. Plaintiff now seeks terminating sanctions against Malota because he did not comply with the Court's November 20, 2023, ruling. “California discovery law authorizes a range of penal...

Excerpt: ...ividually; and DAWN KASARDA, individually (collectively “Plaintiffs”) against Defendants CITY OF CERRITOS (“City”); and BRIGHTVIEW TREE CARE SERVICES, INC. (“Brightview”) (collectively “Defendants”) on July 18, 2022. On November 7, 2022 the operative First Amended Complaint (“FAC”) was filed. Plaintiffs allege that “[t]his action involves a trip and fall on a defective public sidewalk located between 13745 and 13751 Beach St...

Excerpt: ...by a van driven by defendant Dong Hai Le (“Defendant”), an employee of dismissed defendant Home Depot U.S.A. Inc. (“Home Depot”). (Complaint pp. 2 –3.) Plaintiff thereby sustained injuries. (Complaint p. 3.) On November 15, 2022, Plaintiff initiated the instant lawsuit by filing a complaint alleging a cause of action for negligence. On March 20, 2023, Plaintiff's attorney moved to be relieved as counsel, which motion was granted on Apri...

Excerpt: ...s' motion in the alternative for summary adjudication of the 1st, 2nd, 7th, 12th, and 15th causes of action in his second amended complaint is denied. Defendants Lionel Pereira (“Pereira”) and Southern California Coin and Stamps (“SCCA”) (collectively, “Moving Defendants”) move for summary judgment of pro per Plaintiff Wesley Robbins' (“Robbins”) (“Plaintiff”) 7th and 12th causes of action in his second amended complaint. (Not...

Excerpt: ...' MOTION FOR SUMMARY ADJUDICATION AS TO ALL ISSUES ARE DENIED. 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 8:30 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND On November 10, 2022, Plaintiff Sajith Weerasignhe sued Defendants Cedars - Sinai Medical ...

Excerpt: ...ement of Defendants 3. Declaration of Erin Dunkerly 4. Defendants' Compendium of Evidence in Support OPPOSITION PAPERS: 1. Plaintiffs' Memorandum of Points and Authorities in Opposition 2. Plaintiffs' Separate Statement in Opposition and Plaintiffs' Statement of Additional Undisputed Facts 3. Plaintiffs' Objections to Defendants' Evidence in Support 4. Compendium of Evidence in Support of Plaintiffs' Opposition REPLY PAPERS: 1. Defendants' Reply ...

Excerpt: ...A)(3) as against VGA 4. Breach of Implied Warranty of Merchantability (Violation of CIV §§ 1791.1; 1794; and 1795.5) as against VGA 5. Violation of the Magnuson- Moss Warranty Act as against VGA 6. Negligent Repair as against AVN The first four causes of action stem from alleged violations of the Song -Beverly Act (SBA). Defendants move for summary judgment or in the alternative summary adjudication on all claims. On March 29, 2022, Plaintiff p...

Excerpt: ...rties' 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 action has no ...

Excerpt: ...��¿[A] motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.¿” (¿¿Code Civ. Proc., § 437c, subd. (c)¿¿.) T he moving party bears the initial burden of production to make a prima facie showing that there are no triable issues of material fact. (¿¿ Aguilar v. Atlantic Richfield Co. (2001) ...

Excerpt: ...ch 22, 2023, Plaintiff amended his Complaint to substitute Doe 1 with Avida LLC. On April 3, 2023, Defendants Avida Naturals LLC and Avida LLC filed their Answer to the Complaint. On January 30, 2024, Avida LLC (“Defendant”) filed its Motion for Summary Judgment and/or Summary Adjudication (“MSJ”). In support of its MSJ, Defendant concurrently filed: (1) Declaration of Jason Gonzalez; (2) Declaration of Leonard Haberman; and (3) Statement...

Excerpt: ... Diannah Meams and Adam Meams, by and through his guardian ad litem, Diannah Meams (“Plaintiffs”), filed suit against defendants Cedars -Sinai Medical Center, Larry Froch, M.D. and Christopher Shepherd, M.D. alleging a single cau se of action for medical malpractice wrongful death. On June 20, 2023, this case was transferred to this department from Spring Street Courthouse Department 29 following a determination that this action is complicate...

Excerpt: ... and retention and (2) negligent supervision of a minor against all defendants. Plaintiff is alleging a cause of action for negligence against Does 3 through 60. Plaintiff's operative complaint is his Second Amended Complaint, which he filed on 9/20/23. 2. Motion for Summary Judgment a. Standard on Summary Judgment Summary judgment is proper “if all the papers submitted show that there is no triable issue as to any material fact and that the mo...

Excerpt: ... 2022, Living The Dream filed its First Amended Complaint, which added allegations and causes of action. On September 21, 2022, Gloria Shulman Hughes and John E. Hughes, Jr. filed: (1) Answer to the First Amended Complaint; and (2) Cross- Complaint against Living The Dream and California Numbered Company 4009746. On October 10, 2022, Gloria Shulman Hughes and John E. Hughes, Jr. filed their First Amended Cross -Complaint. On March 16, 2023, Glori...