Excerpt: ... served as Trader Joe's East, Inc. and 10850 National Boulevard d.b.a. Trader Joe's) propounded form interrogatories, set two, and requests for admissions (“RFAs”), set one, on Plaintiff Mandana Mizrahi (“Plaintiff”) on November 3, 202 3. As of the date of Trader Joe's Company filing the instant motion, Plaintiff has not served responses. Trader Joe's Company therefore seeks an order to compel responses to the outstanding discovery, in ad...

Excerpt: ... an amended complaint within 20 days of the Court's order. Alternatively, if Plaintiffs decline to amend and choose to proceed on the remaining causes of action, Defendants must file and serve an answer within 30 days of the Court's order. The Court GRANTS the motion to strike to the following portions of the First Amended Complaint: 1. Paragraph 7, page 3 line 4, “jointly and severally”; 2. Paragraph 49, “emotional distress, mental anguish...

Excerpt: ... has been filed. Legal Standard Code Civ. Proc. § 128(a)(8) provides that the court has the power to amend and control its process and orders so as to make them conform to law and justice. “The power to determine when a continuance should be granted is within the discretion of the trial court.” (Color -Vue, Inc. v. Abrams (1996) 44 Cal.App.4th 1599, 1603.) “A trial court has wide latitude in the matter of calendar control including the gra...

Excerpt: ...CKGROUND A. Factual O n August 4, 2023, Plaintiff, Larry Tran (“Plaintiff”) filed a Complaint against Defendants, Tesla, Inc., Tesla Motors, Inc., and DOES 1 through 10. The Complaint alleges causes of action for: (1) Breach of Warranty – Song -Beverly Act: Failure to Repurchase or Replace Consumer Good After Reasonable Number of Repair Opportunities (Civ. Code § 1793.2(d)); (2) Breach of Warranty – Song -Beverly Act: Failure to Promptly...

Excerpt: ...fendant”) and DOES 1 through 50, inclusive, alleging causes of action for: (1) breach of written contract; and (2) s tatutory misappropriation of trade secrets. The Complaint arises from the alleged breach of the Confidentiality and Non-Compete Agreement (the “Agreement”), entered into between Plaintiff and Defendant. (Complaint, ¶ 11- 12; Exh. A.) The Agreement states, i n part, that “[t]he prevailing party in any action to enforce this...

Excerpt: ... Health (collectively, Defendants/Judgment Debtors), alleging: (1) breach of contract; (2) breach of implied in fact contract; (3) open book account; and (4) account stated. Now, Plaintiff/Judgment Creditor Hospice Source, LLC (Hospice Source) moves for an order assigning to it the interest, if any, of Defendants/Judgment Debtors. The motion is unopposed. Factual Background On March 8, 2024, judgment was entered in favor of Hospice Source against...

Excerpt: ...tors LLC (“Defendant”) arising from \ his purchase of a 2020 Chevrolet Bolt EV (“Vehicle”). On November 20, 2023, Defendant filed this demurrer and motion to strike. Defendant demurs to Plaintiff's first cause of action for fra\ ud and misrepresentation, second cause of action for negligent misrepresentatio\ n, and third cause of action for violation of Business and Professions Code section 17200 et seq. (the “UCL”). Defendant moves t...

Excerpt: ...ARTY: Plaintiff Sanah “Sonya” Hamad (“Plaintiff”) NOTICE: OK RELIEF REQUESTED: An order from this Court granting Defendants' demurrer to the Fifth and Sixth Causes of Action and striking portions of Plaintiff's First Amended Complaint. TENTATIVE RULING: The demurrer is OVERRULED. The motion to strike is GRANTED with LEAVE TO AMEND. BACKGROUND On June 27, 2023, Plaintiff initiated this action against Defendants and Does 1 -10. Subsequently...

Excerpt: ..., CA 90036. Defendants Steve Hoffman, an individual, and Steve Hoffman, as Trustee of the Karl and Pearl Family Living Trust, operate and manage the complex. Plaintiff alleges a water leak caused mold in her unit that went unremedied by Defendants. Defendants now demur to the Second, Third, Fifth, Sixth, Seventh, and Eighth Causes of Action. Defendants also move to strike allegations pertaining to punitive damages. Plaintiff opposed both motions....

Excerpt: ...arises out of allegations of childhood sexual abuse. Plaintiffs SALUD GONZALEZ (“Salud”) and JOANA DIAZ (“Joana”) allege the following against Defendants INTERNATIONAL CHURCHES OF CHRIST, INC. (“ICOC”); THE INTERNATIONAL CHRISTIAN CHURCH, INC. (“ ICC”); CITY OF ANGELS INTERNATIONAL CHRISTIAN CHURCH (“City of Angeles Church”); THOMAS (“KIP”) McKEAN; FERNANDO SANCHEZ (“Sanchez”); SELINA ANN BOQUET (“Selina”); RICARDO...

Excerpt: ...e fourth cause of action without leave to amend. The motion to strike is MOOT in part and GRANTED with leave to amend in part. Discussion This is a derivative action filed by Plaintiff Steven Liu on behalf of Defendant Saratoga Maintenance Corporation (“Saratoga”). Plaintiff originally pursued this action in his individual capacity, (see Case No. 19STCV25459), and alleged seven causes of act ion against Saratoga, Defendant John Leon, Defendan...

Excerpt: ... as may be proper.” (Code Civ. Proc., § 473, subd. (a)(1).) “This discretion should be exercised liberally in favor of amendments, for judicial policy favors resolution of all disputed matters in the same lawsuit.” (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047.) Permitting plaintiff to file an amended complaint serves the interest of justice. Plaintiff, however, cannot file a second amended complaint because ther...

Excerpt: ...defendant Reel Security California, Inc. (“Defendant” and, together with Plaintiff, “Parties”). (FAC pp. 1 –3.) This lawsuit arises out of that employment. On July 28, 2023, Plaintiff initiated this lawsuit by filing a complaint (the “Complaint”). On November 7, 2023, Defendant demurred to the Complaint, which demurrer was sustained with leave to amend on January 2, 2024. On February 23, 2024, Plaintiff filed a first amended complai...

Excerpt: ...d with 20 days leave to amend, in part. McDonald's Corporation, et al.'s Motion to Strike Portions of Complaint is granted with 20 days leave to amend. Background Plaintiff filed the Complaint on December 6, 2023. While at McDonald's in Harbor City, Plaintiff K.J., a minor, was attacked by another patron of McDonald's. Plaintiff alleges the following causes of action. 1. Premises Liability 2. Negligence 3. Negligent Hiring, Training, Supervision ...

Excerpt: ...Fourth Amended Complaint is overruled. Farmers Insurance Exchange's Motion for Determination of Good Faith Settlement is granted. Background Plaintiffs filed the Complaint on February 26, 2021. Plaintiffs' First Amended Complaint was filed on July 15, 2022. Plaintiffs' Second Amended Complaint was filed on February 27, 2023. Plaintiffs' Third Amended Complaint (“TAC”) was filed on October 17, 2 023. Plaintiffs' Fourth Amended Complaint (“4A...

Excerpt: ...ourt sets the OSC RE: Amended Complaint for June 7, 2024, at 8:30 a.m. Defendant to give notice. BACKGROUND On January 1, 2024, Nicholas F. Sherman (“Plaintiff”) filed a Complaint against Ori Sultan (“Sultan”), AS Woodland Hills LLC (“AWH”) and Does 1 to 20. The Complaint alleges three causes of action: (1) Quiet Title, (2) Fraud, and (3) Recovery of Money Paid to Unlicensed Contractor. On January 23, 2024, Defendant AWH filed an unla...

Excerpt: ...aula Quezada sues Defendants Rogelio Quezada (ex -spouse), Erika Rivera (Rogelio Quezada's girlfriend), Samuel Quezada (Rogelio Quezada's brother), and Does 1 through 100 pursuant to a February 1, 2021, Second Amended Complaint (SAC) alleging cla ims of: (1) Fraudulent Conveyance and (2) Conspiracy to Engage in Fraudulent Conveyance against Rogelio Quezada and Erika Rivera; and (3) Fraud and (4) Constructive Fraud against Samuel Quezada (construc...

Excerpt: ...d, Santopietro did not request leave to file a second amended pleading, and the Court did not grant such leave. Thus, this document is a nullity. Second, Cross -Complainant's Counsel's Opposition was difficult to follow. For instance, Counsel states: “B. The essence of the Complaint by Vasdekis against Santopietro is (for the purpose of opposing these Demurrers, this section is showing disputed facts and undisputed facts that establish her cros...

Excerpt: ...er, “Defendants”) alleging six cause s of action for (1) breach of written agreement; (2) breach of personal guaranty; (3) money lent; (4) indebtedness; (5) conversion; and (6) claim and delivery stemming from Plaintiff's loan to Defendants for the purchase of various business equipment, which Defendants allegedly failed to repay. Plaintiff now applies for a writ of possession against each Defendant. Plaintiff's applications are unopposed. LE...

Excerpt: ... : Application to seal is denied without prejudice. SUMMARY OF ACTION On September 5, 2023, Golden Hammer Ops, LLC (Golden Hammer) sued JETNET, LLC (JETNET), Daniel Streufert, and ADSBEXCHANGE.com (ADSB) for misappropriation of trade secrets, intentional interference with contractual relations, and violations of the Californ ia Computer Fraud and Abuse Act. On October 30, 2023, JETNET cross -complained against Golden Hammer and its owner, Gregory...

Excerpt: .... Defendant Brand Boulevard Associates, L.P. owns the parcel and assigned the lease. Plaintiff opened Oak & Vine Restaurant on the first floor and loft ar ea of the premises. In 2017, renovations began for the opening of “Veranda” restaurant operating on the rooftop immediately above Oak & Vine. Defendant Elevate Venues, LLC was responsible for the operation of Veranda. Plaintiff alleges the renovations, including improperly installed drainag...

Excerpt: ... Defendants/Cross- Complainants Robert Goldberg and Kathleen Goldberg, Trustees of the Robert and Kathleen Goldberg Family Trust dated July 30, 2004 (the Goldbergs) and against Plaintiffs/Cross -Complainant s Anthony Scearce and Jeannene Scearce (the Scearces), as to the Scearces' cause of action to quiet title to a prescriptive easement over the Goldberg's property. RULING : The motion is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY On 8/8/22, ...

Excerpt: ... new date for the trial? The Court asks the question because there is a disconnect between the Notice of Ruling of the June 1, 2023 hearing prepared by Plaintiff's c ounsel and the Court's own Minute Order for the June 1, 2023 hearing. The Notice of Ruling states, in pertinent part, "[a]ll pre-trial deadlines are based on the new trial date EXCEPT for the deadline to file a motion for summary judgment. The deadline to file a motion fo...

Excerpt: ... Motion is granted. SUMMARY OF ACTION Plaintiff and Cross-Defendant Mina Kateb (Kateb) filed this motion to compel compliance with deposition subpoena of business records after serving the subpoena on Doug Bend, Esq., (Bend) on December 5, 2023. Bend was involved in transactions relating to Mo nocent and drafting documents for Monocent, the company that Kateb claims to be a shareholder for. Kateb's subpoena sought non -privileged documents and co...

Excerpt: ...led their answer on March 17, 2023. On April 24, 2023, a stipulation was filed setting aside the default against Defendants. On April 4, 2024, Defendants filed this motion to continue trial. Defendants filed a supplemental declaration in support of their motion on April 23. No opposition has been filed. Legal Standard Code Civ. Proc. § 128(a)(8) provides that the court has the power to amend and control its process and orders so as to make them ...

Excerpt: ... Estrada filed an action against Wu and Does 1 - 30 for motor vehicle tort and general negligence. (Case number 22PSCV01837.) On December 19, 2023, Wu filed an answer and a cross-complaint against Cross -Defendants Estrada and Roes 1 -20 for indemnity and contribution. C. The Court relates the cases On November 28, 2023, the Court found that case numbers 21STCV19189 and 22PSCV01837 are related within the meaning of California Rules of Court, rule...

Excerpt: ...zy Mills Production, Inc., Sean Hayes, Todd Milliner, Ben Beins, 2 Arts Entertainment, LLC, David Miner, and Max Silverstri. Now, Plaintiff moves to lift the stay in discovery to conduct limited discovery pursuant to CCP section 425.16(g) and to continue Defendants' special motion to strike. Discussion Plaintiff moves to lift the stay in discovery to conduct limited discovery to support her opposition to Defendants' pending anti -SLAPP motion. Af...

Excerpt: ...owing causes of action: (1) financial elder abuse, (2) conversion, (3) unjust enrichment, (4) cancellation of instrument, (5) cancellation of instrument, (6) quiet title, (7) quiet title, (8) violation of Tom Bane Civil Rights Act, (9) violation of Civil Code Section 789.3, and (10) wrongful eviction. On October 27, 2023, Defendant served Plaintiff with requests for production of documents (set one) (RFPs) by mail and email. (Chen Decl., ¶ 4.) P...

Excerpt: ... moving papers. BACKGROUND This is a Song- Beverly Consumer Warranty Act action arising from the Defendant's alleged failure to repair Plaintiff's vehicle in violation of the parties' warranty agreement and Civil Code §§ 1790-1795.8. On April 24, 2023, Plaintiff filed the operative C omplaint alleging (1) violation of Civil Code § 1793.2(d), (2) violation of Civil Code §§ 1793.2(b), (3) violation of Civil Code § 1793.2(a)(3), (4) breach of ...

Excerpt: ...IED. Legal Standard California Code of Civil Procedure section 2025.450, subdivision (a) provides: “If, after service of a deposition notice, a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document . . . described in the deposition notice, the party giving the notice may move for an order compelling the deponen...

Excerpt: ...IONS OR FEE AWARD; AND (4) FOR RELATED RELIEF (filed 5/11/2024) TENTATIVE RULING Plaintiff's Motion for (1) Preliminary Injunction for Turnover of Client Files ; (2) Alternatively, for Order to Provide Information Needed for a Writ of Possession; (3) Request for Money Sanctions or Fee Award; and (4) for Related Relief is DENIED. I. BACKGROUND On January 4, 2022, Plaintiff John Risk, individually and as Trustee of the Anne Risk Trust, filed the in...

Excerpt: ...bility against Defendants Conair Corporation, Waring Commercial, and Does 1 through 20. On August 31, 2021, Norguard Insurance Company (“Norguard”) filed a complaint in intervention against Conair Corporation, Waring Commercial, and Does 1 through 20, alleging that the accident occurred during the course of Plaintiff's employment and that Norguard made workers compensation payments to Plaintiff as a result of the accident. Conair Corporation ...

Excerpt: ...scovery to allow Defendant to conduct the mental examination, to be heard on April 26, 2024. The Court continued the hearing to April 29, 2024. On March 29, 2024, Plaintiff filed an opposition. On April 17, 2024, Defendant filed an amended notice of motion. On April 22, 2024, Defendant filed a reply. Trial is currently scheduled for May 24, 2024. PARTIES' REQUESTS Defendant asks the Court to compel Plaintiff's mental examination and reopen discov...

Excerpt: ...efendants") for damages arising from an automobile accident Defendants now move to compel non-party Pacific MRI to produce its custodian of records for deposition, and to produce documents pursuant to a deposition subpoena sewed. Defendants further request monetary sanctions against Pacific MRI. Any opposition was due on or before April 16, 2024; the motion is unopposed. 11. MOTION TO COMPEL DEPOSITION (NON-PARTY) 1. Procedural Per CRC 3.1346, wh...

Excerpt: ...ants' answer and cross - complaint, and monetary sanctions against Defendants and their counsel in the amount of $4,560.00. ¿ TENTATIVE RULING: The motion is granted in part. The Court imposes $900.00 in monetary sanctions against Defendants and/or their counsel. Plaintiff is reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e- filing documents, parties must comply with the “TECHNICAL REQU...

Excerpt: ... Manager, and Does 1 to 10 for injuries arising from a slip and fall on a wet floor because Doe Manager was pouring water onto the floor. Home Depot now moves for a Protective Order to prevent Plaintiff from taking the depositions of Julio Monzon (“Monzon”) and Michael Lewis (“Lewis”). Plaintiff opposes the motion, and Home Depot filed a reply. 1. Moving Argument Home Depot avers that its employees Monzon and Lewis were investigating mana...

Excerpt: ... (the “Vehicle”) from defendant Haute, LLC d/b/a Vegas Auto Gallery Lotus Cars Las Vegas (“Defendant”). (Complaint p. 2). In doing so, Parties entered a purchase agreement (the “Purchase Agreement”) and an arbitration agreement (the “Arbitration Agreement”). (Opposition pp. 1 –2.) Plaintiff later learned that the Vehicle's odometer had been “rolled back” so that it showed significantly lower mileage than it actually possesse...

Excerpt: ...ts”) alleging, among other claims, a claim for declaratory relief in connection with a Partnership Agreement and Operating Agreement pur portedly entered into between Plaintiff and Darlene J. Upchurch-Friedman for properties located on La Brea Avenue and W. Jefferson Boulevard in Los Angeles (the “Property”). Defendants' Cross-Complaint alleges claims against Plaintiff for trespass, intentional interference with prospective economic relatio...

Excerpt: ...rnia Design”): Plaintiffs hired Defendant to do re- modeling work in Plaintiffs' home. As part of the remodel, Defendant's employee relocated Plaintiffs' Viking refrigerator to Plaintiffs' garage so that Plaintiffs could continue to use the Viking during the remodel, but in the process, Defendant failed to properly secure the Viking in its place. When Plaintiff Candy went to open the Viking, the entire refrigerator began to fall on ...

Excerpt: ...or terminating sanctions, it is making no ruling of what evidence will be admitted at trial. These will be issues to be decided based on Motions in Limine or objections posed during the trial. BACKGROUND: On January 12, 2022, Plaintiffs Sawyers S., Donlad D., Ayden M., Connor C., Hayden H., Walker B., Sophia F., Corinne D., Symonne H., Claire E., and Reese E. filed their Complaint against Defendants Tiffany Rockelle Smith, Hunter Hill, and Piper ...

Excerpt: ... against Defendants Amy Jam and Mohsen Haddad (collectively, Defendants) for unlawful detainer. On 8/15/23, after a court trial, the Court entered judgment in favor of Plaintiff awarding Plaintiff possession of the disputed real property, holdover damages of $62,500.00 and costs of $750.00 for a total monetary judgment of $63,250.00 . On 8/30/23, Plaintiff filed and served a memorandum of costs in the amount of $14,176.75 which Defendants did not...

Excerpt: ...Jeffrey Solomon fell from a ladder that he purchased from Defendants. The accident occurred in Idaho, where Plaintiffs reside, and Plaintiffs were treated in Idaho. There is one other witness to the incident, who also lives in Idaho. However, Defendants have their principal place of business in California. On March 30, 2023, Defendants filed a motion to dismiss the action on grounds of forum non conveniens, arguing that the case should be tried i...

Excerpt: ...adult children. BACKGROUND: On January 25, 2023, Eliyaho Schefres (“Schefres”) and Ramish Manglani (“Manglani”) filed their Complaint against Ha -Rakhamon Farhod Azizi (“Azizi”) (erroneously sued as Azizi Ha Rakhamon Farhod) on causes of action arising from alleged negligence. On April 21, 2023, Azizi filed his Answer to the Complaint. On May 24, 2023, Azizi filed his Cross -Complaint against Peter Velasquez Hernandez, Daniel Anselmo ...

Excerpt: ...laim and Delivery/Writ of Possession SUMMARY OF FACTS: Plaintiff Christopher J. Rodgers alleges that in November of 2020, plaintiff and defendant Joanie K. Chan - Jones purchased a single-family residence in Altadena as joint tenants. As of the time of the property purchase, plaintiff and defendant were in a relationship and until October of 2023 resided together at the property. Plaintiff alleges that in June of 2019, plaintiff purchased a Labra...

Excerpt: ...) filed the Petition for Writ of Mandate to compel inspection and copying of corporate documents under CCP § 1085 and Corporations Code, § 17704.10 against Respondent Oceans V, LL C (“Respondent”). Petitioner alleges that he is the owner and holder of record of one Class A Membership Unit as defined in the Operating Agreement for Oceans V, LLC dated June 21, 20216 of Respondent as a result of having invested $500,000 and paid an administrat...

Excerpt: ..., they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 21STCV18469 and 21STCV18241 are related cases. In 21STCV18241, Plaintiff Brendan Schulz filed a First Amended Complaint against Defendants Pitzer College (“Pitzer”), Janet Schwing, Nigel Boyle, and Melvin Oliver for (1) violation of the Unruh Act, (2) attempted extortion, (3) intentional infliction of emotional distress, (4) breach o...

Excerpt: ...r “Netflix”) RESPONDING PARTY: Plaintiff OneTaste, Inc. (“Plaintiff” or “OneTaste”) The Court has considered the moving, opposition, and reply papers. BACKGROUND On November 3, 2023, Plaintiff OneTaste filed the instant Complaint against Defendant Netflix and DOES 1 to 100, inclusive, alleging a single cause of action for Defamation Per Se. On March 4, 2024, Defendant filed this instant special motion to strike (Anti-SLAPP) (the “Mo...

Excerpt: ...12/28/23: Cross-Complaint filed by Lowe's Home Centers, LLC • 12/29/23: Cross-Complaint filed by Jacobe Enterprises, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort action alleging that Plaintiff Montoya -Bautista developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Defendant Dal -Tile Distribution, I...

Excerpt: ... complaint, Plaintiff was assaulted and battered on premises owned or controlled by defendants on West Olympic Boulevard in Los Angeles on October 15, 2021. On March 29, 2024, Defendant Reserve Lofts LLC (“Defendant”) filed this motion to strike portions of Plaintiff's complaint. No opposition has been filed. Legal Standard Under Code of Civil Procedure section 435, “Any party, within the time allowed to respond to a pleading may serve and ...

Excerpt: ...nt in the Tentative Ruling, no argument is requested and any party seeking argument should notify 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 argument is rec eived. Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: Llyod Mosely (Plaintiff) brin...