Excerpt: ...of the instant hearing o n May 3, 2024, in the amount of $159,688.59, plus $775.19 each day thereafter. Petitioner ABP Parcel 8, LLC (“ABP”) (“Petitioner”) moves for an order awarding it attorneys' fees and interest against Respondent Marina Pacifica, LLC (“MP”) (“Respondent”) as the prevailing party in the instant case by way of the Court granting Petitione r's petition to confirm the arbitration award (“Award”) and denial of...

Excerpt: ...ained as to the fifth and sixth causes of action. This is a landlord -tenant habitability case. The Complaint alleges causes of action for (1.) breach of implied warranty of habitability; (2 .) breach of statutory warranty of habitability; (3.) breach of the covenant of quiet enjoyment; (4.) negligence, (5.) violation of Civil Code section 1942.4; (6.) private nuisance; (7.) violation of tenant anti -harassment ordinance; and (8.) violation of un...

Excerpt: ...DEMURRER 1 RELIEF REQUESTED Defendant Elvis Madatyan moves for an order sustaining his demurrer to the Third, Fourth, Fifth, Sixth, Seventh, and Ninth Causes of Action of Plaintiffs' First Amended Complaint (FAC) pursuant to CCP § 430.10. BACKGROUND An initial Complaint was filed in this action on 9/19/2023. There was no demurrer hearing as to the initial Complaint. The FAC was filed on 2/2/2024. The instant action surrounds allegations that sev...

Excerpt: ...rimination (FEHA); (2) hostile work environment (FEHA); (3) retaliation (FEHA); (4) failure to prevent discrimination, harassment and retaliation (FEHA); (5) retaliation (Labor Code §1102.5); (6) retaliation (Labor Code §98.6); (7) retaliation (Labor Code §6310; (8) wrongful termination; (9) sexual battery; (10) gender violence; (11) negligent supervision and retention; and (12) intentional infliction of emotion distress. Plaintiff was employe...

Excerpt: ...ng a 2022 Ford Explorer vehicle. Plaintiff alleges that the warranty contract contained various warranties, including but not limited to the bumper-bumper warranty, powertrain warranty, emission warranty, etc. Plaintiff alleges that the defects and nonconformities to the warranty manifested themselves during the applicable warranty period, including but not limited to, transmission defects and infotainment defects, among other defects and non -co...

Excerpt: ...ual On February 5, 2024, Plaintiffs, Tatiana McNeal and Yolanda Johnson (collectively “Plaintiffs”) filed a Complaint against Defendants, Graceway, LLC and DOES 1 through 20. The Complaint alleges causes of action for: (1) Breach of Contract; (2) Breach of Imp lied Warranty of Habitability/Tenantability; (3) Breach of Implied Warranty of Quiet Enjoyment; (4) Negligence; and (5) Nuisance. Defendant, Graceway, LLC (“Defendant”) now files a ...

Excerpt: ...] ORDER RE: DEMURRER OF DEFENDANT WESCO INSURANCE COMPANY TO LEXHAM OLIVE, LLC'S COMPLAINT MOVING PARTIES: Defendant WESCO INSURANCE COMPANY RESPONDING PARTY: Plaintiff LEXHAM OLIVE, LLC The court considered the moving papers, opposition and reply. BACKGROUND Plaintiff leased commercial space to defendant The Carving Board, LLC (TCB). Plaintiff alleges that it suffered damages resulting from faulty work performed by TCB's contractor RDCS SERVICES...

Excerpt: ...of the Christine O'Donovan Trust, and Frank McHugh- O'Donovan Foundation Inc. On November 6, 2023, Frank McHugh-O'Donovan Foundation Inc. (“Defendant”) filed a demurrer. Plaintiffs did not file a timely opposition. At the February 26, 2024 hearing, the Court continued the hearing. Later, Plaintiffs filed an opposition. REQUEST FOR JUDICIAL NOTICE Defendant asks the Court to take judicial notice of (1) a July 16, 2008 grant deed conveying the ...

Excerpt: ... CNA Financial Corpor ation. The complaint asserts twelve causes of action arising from a settlement agreement reached as part of an employment discrimination action filed by Plaintiff. Plaintiff alleges that he entered the settlement agreement with Defendants MK Diamond and Delahaut. Pursuant to the contract, MK Diamond and Delahaut agreed to pay $93,750 to Plaintiff and $143,750 to Plaintiff's attorneys in exchange for Plaintiff releasing his c...

Excerpt: ... damages. The Individual Defendants owned and operated Defendant Team MWB -LA, LLC (“MWB”). (Complaint, ¶ 17.) MWB operated the “Gym Sports Bar” in West Hollywood, California. (Id., ¶¶ 15-16.) MWB held a “California On -Sale General Public Premises [liquor] license.” (Id., ¶ 19.) The Gym Sports Bar rented space from Plaintiff. (Declaration of Richard Schmutzler, ¶ 2.) MWB closed the Gym Sports Bar during the pandemic, purportedly...

Excerpt: ... for his services. Plaintiff filed the operative First Amended Complaint on January 11, 2024, reducing his claims to (1) breach of written contract, (2) breach of oral contract, (3) fraud, and (4) accounting. On March 13, 2024, Defendant McKesson Corporation filed the instant demurrer to the first and fourth causes of action in the FAC. Plaintiff filed his opposition on April 22, 2024. Defendant filed its reply on April 26, 2024. LEGAL STANDARD A...

Excerpt: ...lf of themselves and other aggrieved employees Demurrer to Second Amended Complaint The court considered the moving, opposition, and reply papers filed in connection with this demurrer. DISCUSSION Plaintiffs Cecilia Hailey (“Hailey”), Chekarey Byers (“Byers”), and Timanii Meeks (“Meeks”), on behalf of themselves and other aggrieved employees (collectively, “Plaintiffs”), filed the operative Second Amended Complaint in this action ...

Excerpt: ...(e) & (f) on the grounds that each alleged cause of action fails to state a cause of action and is uncertain. In addition to demurring to each cause of action based on uncertainty and failure to state sufficient facts, Defendants demur to each cause of action because Defendants argue that each cause of action is premised on an illegal contract which is void as a matter of law. BACKGROUND Plaintiff, California Balcony, Inc., filed the instant acti...

Excerpt: ...ahdat Aghdasy (“Vahdat”), and Hamed Aghdasy (“Hamed”) (collectively, “Defendants”) RESPONDING PARTY: Plaintiff Dianaluz Haro (“Plaintiff”) NOTICE: OK RELIEF REQUESTED: An order from this Court granting Defendants ' demurrer to the Complaint and striking portions of Plaintiff's Complaint. TENTATIVE RULING: The demurrer is SUSTAINED IN PART. The motion to strike is GRANTED. BACKGROUND On November 10, 2022, Plaintiff filed her Compla...

Excerpt: ... ” (Taus v. Loftus (2007) 40 Cal.4th 683, 720.) A. The Statements Plaintiff sufficiently alleges the substance of the defamatory statements. To allege defamation, the complaint “must set forth ‘either the specific words or the substance of' the allegedly defamatory statements.” ( Comstock v. Aber (2012) 212 Cal.App.4th 931, 948.) “As Witkin distills the pleading rule, ‘It is sometimes said to be a requirement, and it certainly is the ...

Excerpt: ...t and retaliation, with 10 days leave to amend the Complaint. The Demurrer is OVERRULED as to all else. The Motion to Strike is DENIED. BACKGROUND: On January 18, 2024, Plaintiffs Cybill Lui and Derrick Eppich filed their Complaint against Defendants Vanessa Smith and Margaret Davis on causes of action arising from Plaintiffs' tenancy in the rental unit owned and/or managed by Defendants. On March 18, 2024, Defendants filed their Demurrer to Plai...

Excerpt: ...f intent to appear is requested. Unless the Court directs argument 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...

Excerpt: ...he Glendale Hotel, LLC, demurs to the First, Third, Fourth, Fifth and Sixth causes of action in Plaintiffs' Complaint. Defendant demurs to such Causes of Action, pursuant to California Code of Civil Procedure § 430.10, on the grounds that the Complaint fails to state sufficient facts to constitute a cause of action against Defendants. BACKGROUND Plaintiffs' Complaint arises out of personal injury and monetary damages sustained by Plaintiffs as a...

Excerpt: ...lment Motion to Strike · Punitive damages request and allegations (Page 14, lines 5 -7; Page 18, line 10) RULING : Demurred is sustained with leave to amend; motion to strike is granted. SUMMARY OF ACTION On July 15, 2019, Plaintiff William Holmquist (Plaintiff) purchased a 2019 Ford F -150. (FAC, ¶ 9.) Plaintiff received various warranties in connection with the purchase of the vehicle from Defendant Ford Motor Company (Defendant). (FAC, ¶¶ ...

Excerpt: ...and batery and other employment - related claims. II. ARGUMENTS Defendant demurs to all claims on grounds they are barred by res judicata and collateral estoppel. Plain�ff previously li�gated the claims as part of her defenses to the unlawful detainer ac�on (“UD ac�on”) which was finally li�gated in Defendant's fa vor. In opposi�on, Plain�ff argues that her employment -related claims were never li�gated. The UD ac�on adju...

Excerpt: ...) (collectively, (“Defendants”) move for judg ment on the pleadings as to the Complaint filed by Plaintiff Morgan Bottehsazan (“Plaintiff”). The Court DENIES the motion as to the first and fourth claims. The Court GRANTS the motion WITH LEAVE TO AMEND as to the second, third, and fifth claims. Background This case relates to a real estate transaction. The following facts are taken from the allegations of the Complaint, which the Court acc...

Excerpt: ...erica, LLC, and Triunity JLRNA, LLC, alleging his Land Rover vehicle exhibited an overheating engine and other defects. On February 23, 2024, Plaintiff filed a Notice of Settlement. Pursuant to the settlement, Plaintiff now moves to recover his reasonable attorney's fees and costs. Defendants opposed. TENTATIVE RULING: Plaintiff's Motion for Attorney's Fees is GRANTED IN PART, in the total amount of $31,500.00. Plaintiff is also awarded costs in ...

Excerpt: ...t defendants Raul Sanchez Ortiz, Maria Gonzalez de Sanchez, Raul Sanchez, Jr. (Doe 1), and Does 2 to 10 for injuries arising from a December 4, 2021 motor vehicle collision. On January 30, 2023, defendants Ortiz, Gonzalez de Sanchez, and Raul Sanchez, Jr. (Doe 1) (collectively, “Defendants”) filed their Answer to the complaint. Defendants simultaneously filed a cross -complaint against Plaintiff and Roes 1 -25 for (1) declarator y relief, (3)...

Excerpt: ...omplainant American Contractors Indemnity Company in connection with Contractor's License Bond, Bond No. 100710093 discharged. Upon the deposit of $23,000, the Court awards Defendant/Cross- Complainant American Contractors Indemnity Company reasonable attorney fees and expenses in the sum of $2,000 as allowance for costs and expenses incurred in this proceeding. Defendant and Cross-Complainant Old Republic Surety Company to give notice. REASONING...

Excerpt: ...ndant's motion for summary judgment. On October 20, 2023, the Court entered judgment for Defendant and against Plaintiff. On November 1, 2023, Defendant filed a Memorandum of Costs. On December 11, 2023, Defendant filed this motion for attorney's fees. On April 19, 2024, Plaintiff filed an opposition. On April 25, 2024, Defendant filed a reply. II. LEGAL STANDARD Defendant moves for attorney's fees on the grounds that they are entitled to attorne...

Excerpt: ...ntiff”) and moves for an order reducing the jury's verdict for noneconomic damages in favor of Plaintiff. The Court has considered all the parties' filings on this issue, including the unauthorized sur -opposition by Plaintiff and the unauthorized response to the sur- opposition by Defendant. It appears based on the authorities cited by the parties that Defendant is correct. Based on these authorities, the Court tentatively concludes that the n...

Excerpt: ...re each subject to judicial notice for their existence, contents, and legal effects. The court grants judicial notice of exhibits A through F. Leave to File First Amended Complaint Courts have discretion to permit an amendment to any pleading “in furtherance of justice, and on any terms as may be proper.” (Code Civ. Proc., § 473, subd. (a)(1).) Courts exercise their discretion “liberally to permit amendment,” and “[t]he policy favoring...

Excerpt: ...of Objections. Evidentiary Objections : Overruled . Defendant objects to the following portions of Andrew V. Jablon's Declaration: OBJECTION NO. 1: Paragraph 5, page 10, lines 21 -22: “Upon receiving the RFAs and Form Interrogatories (collectively, the ‘Discovery'), it was forwarded to a legal assistant for calendaring, as is the custom and practice of RPB.” Lack of persona l knowledge (Evid. Code § 702(a)) OBJECTION NO. 2: Paragraph 6, pa...

Excerpt: ...de of Civil Procedure sections 403.010 through 403.090, the entire action is ordered reclassified as a civil unlimited jurisdiction case. Counsel for Plaintiff is ordered to pay the reclassification fees within 20 -days from this Court's Ruling BACKGROUND On June 6, 2022, Plaintiff Phillip A Newman (“Plaintiff”) filed this action against Defendants Custom Creation (an unknown entity), Levi Smith, and Does 1 to 50, asserting causes of action f...

Excerpt: ...fused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application s hall state by affi...

Excerpt: ...on against the City of Los Angeles (sued as the “Los Angeles Police Department”) (hereafter, the “City”).¿ On March 25, 2022, the court sustained the City's demurrer, in part, without leave to amend as to Plaintiff's First Cause of Action for Willful Perjuries, the Serious Violation of the Federal Laws. On January 5, 2023, Plaintiff filed the operative First Amended Complaint (“FAC”).¿ The FAC alleges causes of action for (1) Willfu...

Excerpt: ...City of LA”), City of Calabasas, and Does 1 through 100 for injuries arising from a slip and fall. Plaintiff alleges she was riding her bicycle on July 22, 2020 on Valmar Road at or near the intersection with Brenford Street when her bicycle slid on the water and algae in the street, causing her to fall and sustain injury. (FAC at ¶ 11.) Plaintiff sets forth two causes of action for (1) dangerous co ndition of public property against all defen...

Excerpt: ...nvestments, LLC (“Plaintiff”) was not the initial owner or landlord under the l ease; at no time has Plaintiff given Defendants notice of a change in ownership; Plaintiff did not enter into a lease agreement with either Defendants; Plaintiff lacks standing to demand rent because a change of ownership was not provided under Civil Code 1962; and Plaintiff had previously declared that the lease was forfeited, such that Plaintiff is entitled only...

Excerpt: ...the other motions by Union Pacific Railroad. Moving party to give notice. 2. 2. Union Pacific Railroad Company's Motion for Summary Judgment Or, In The Alternative, Summary Adjudication As to Plaintiff State Farm General Insurance Company's Complaint Union Pacific Railroad Company's Motion for Summary Judgment Or, In The Alternative, Summary Adjudication As to Plaintiff State Farm General Insurance Company's Complaint is CONTINUED TO 05/21/2024, ...

Excerpt: ... Documentary Evidence 4. Compendium of Evidence 5. Declaration of Kathleen A. Stosuy OPPOSITION PAPERS: 1. Memorandum of Points and Authorities in Opposition to Motion for Summary Adjudication 2. Separate Statement of Disputed Material Facts 3. Declaration of Waukeen McCoy 4. Declaration of Vinay Ginjupalli 5. Declaration of Philip Bickler, M.D. 6. Declaration of Daniel Brelian M.D. 7. Declaration of Elena Rubin, M.D. 8. Declaration of Andrew Pha...

Excerpt: ... based on alleged substandard conditions at Plaintiffs' apartments, which are managed by Defendant. The causes of action in the First Amended Complaint (“FAC”) filed on 10/25/23 are: 1) Negligent Violation of Statutory Duty; 2) Intentional Violation of Statutory Duty; 3) Tortuous Breach of Warranty of Habitability; 4) Breach of Covenant of Quiet Enjoymen t; 5) Nuisance; 6) Negligence; 7) Intentional Infliction of Emotional Distress; and 8) Co...

Excerpt: ...g -Beverly Act – Civil Code 1793.2 4. Fraud 5. Violation of Business & Professions Code 17200 6. Negligent Repair RELIEF REQUESTED IN MOTION TO STRIKE: An order striking the prayer “For…exemplary or punitive damages… .” (Prayer, Item f, p.23:20). RULING : The demurrer is sustained with 30 days leave to amend. The motion to strike is placed off calendar as moot. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises from Plaintiff Elya...

Excerpt: ...ed Complaint The court considered the moving, opposition, reply, and sur -reply papers. The court SUSTAINS defendant Superior Court of California, County of Los Angeles's demurrer to First Amended Complaint, with 20 days leave to amend. Moving Party: Defendants The State Bar of California, Craig Eugene Holden, and Robert A. Hawley Responding Party: None (1) Demurrer to First Amended Complaint The court considered the moving and opposition papers....

Excerpt: ...the demurrer and motion to strike filed by Defendant Aracely Santoyo is CONTINUED to Tuesday, June 4, 2024 at 8:30 AM in this department so that the parties can engage in meet and confer discussions. Defendant has not satisfied the meet and confer requirement pursuant to CCP §§ 430.41 and 435.5. Background This is an action arising from the alleged wrongful possession of a mobilehome. On October 11, 2023, Plaintiff Judith Collie (“Plaintiff�...

Excerpt: ...ded Complaint (“FAC”) filed by Plaintiffs David Sanchez and Apple Ma rkets, Inc. (“Apple Markets”) (collectively, “Plaintiffs”). The Court OVERRULES the demurrer. Background This is an insurance case. The following facts are taken from the FAC. In January 2017, Infinity Select issued a commercial auto liability policy (the “Policy”) to “David Sanchez dba Apple Market.” While the Policy was in effect, an employee of Apple Marke...

Excerpt: ...y the same issue before this Court. The Court will explain in even more detail than it did in March of 2023 and in February of 2024 why this repeated mis -interpretation of prior rulings of the Court is erroneous. On December 9, 2022, the Court stayed further judicial proceedings at the trial level of this case pending Plaintiff's appeal of the Court's granting of a defense motion for summary judgment. The Court did NOT stay other activities by P...

Excerpt: ...8W3DTXNED42881 (collectively, “Trucks”). The court has read and considered the moving papers (no opposition was filed) and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff North filed the Complaint against Defendant Long on March 12, 2024, alleging (1) breach of written agreement; (2) account stated; (3) indebtedness; (4) conversion; and (5) claim and delivery. The Complaint alleges in pertinent as fol...

Excerpt: .... TENTATIVE RULING: The demurrer is SUSTAINED with LEAVE TO AMEND. BACKGROUND On October 30, 2023, Plaintiff Rodolfo Arreola (“Plaintiff”) initiated this action against Defendant and Does 1 -10. The Complaint alleges three causes of action: (1) Negligence, (2) Conversion, and (3) Unfair Business Practices. On March 25, 2024, Defendant filed the instant Demurrer (the “Demurrer”). No opposition papers have been received by the Court. ANALYS...

Excerpt: ...2024 RELIEF REQUESTED Defendants demur to Plaintiffs' sixth cause of action for fraudulent inducement, and fifth cause of action for negligent repair. BACKGROUND This is a lemon law case. Plaintiffs allege that on December 16, 2019, they entered into a warranty contract with Defendant Ford Motor regarding a 2019 Ford Ranger. Plaintiffs allege that defects and nonconformities to warranty manifested themselves within the applicable express warranty...

Excerpt: ...rated a medical practice out of a building he owned on San Vicente Boulevard. Plaintiff alleges that beginning in early 2022, “a tent city was erected around Dr. Wright's medical practice.” (FAC, ¶ 11.) The encampment presented health and safety risks. On February 4, 2023, a fire broke out at the encampment which damaged Dr. Wright's building and surrounding properties. Prior to the fire, Dr. Wright and his staff c alled the Los Angeles Poli...

Excerpt: ...amend. The action is dismissed. BACKGROUND On December 26, 2023, Deuk Lee (“Plaintiff”) filed a Complaint against Mark Yang (“Mark”); Jean S. Yang (“Jean”) and The Living Trust of Jean S. Yang, Dated July 27, 2018 (the “Trust”); and Does 1 to 50. The Complaint alleges three causes of action: (1) Fraudulent Transfer under the Uniform Transfer Act (Civ. Code § 3493), (2) Common Law Fraudulent Transfer; and (3) Conspiracy to Defraud...

Excerpt: ...antopietro filed his Complaint against James Harden, Jeff Wiseman, Patrick Michael, Lia Vasdekis, LA Estate Rentals LLC, and Solimar Management LLC. The causes of action arise from damage that allegedly occurred after these individuals and corporate entities rented George Santopietro's real property. On February 20, 2020, Jeff Wiseman and Solimar Management LLC filed their Cross -Complaint against George Santopietro. On April 13, 2020, LA Real Es...

Excerpt: ...nded Complaint is OVERRULED as to the first through fifth causes of action for money had and received, conversion, unjust enrichment, violation of Penal Code §496, and breach of fiduciary dut y and SUSTAINED WITHOUT LEAVE TO AMEND as to the sixth cause of action for professional negligence. Defendant's Request for Judicial Notice of the Civil Cover Sheet and Complaint filed in BSI Group LLC, et al. v. EZ Banc Corp, et al. , Case No. 3:23-CV -012...

Excerpt: ...icle is equipped with a defective 10 -speed transmission that can cause the subject vehicle to experience hesitation and/or delayed acceleration; harsh and/or hard shifting; jerking, shuddering, and/or juddering ("Transmission Defect"). FMC knew or should have known about the Transmission Defect before the sale of the subject vehicle. On December 5, 2023, Plaintiff filed a complaint, asserting causes of action against FMC, Ford of Upland ...

Excerpt: ...nded Complaint is OVERRULED. Defendant's Request for Judicial Notice of the Civil Cover Sheet and Complaint filed in BSI Group LLC, et al. v. EZ Banc Corp, et al. , Case No. 3:23-CV -01270BSM is GRANTED. I. California Commercial Code §11101, et seq. (“UCC4”) Defendant argues California Commercial Code §11101, et seq. (“UCC4”) “preempts” all of Plaintiff's causes of action. Defendant relies on Zengen, Inc. v. Comerica Bank (2007) 41 ...

Excerpt: ...settin g is necessary to prevent prejudicing her interest in this litigation. The motion is granted. Under Code of Civil Procedure section 36, subdivision (a), “A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1)¿The party has a substantial interest in the action as a whole[, and] (2)¿The health of the party is such th...

Excerpt: ... . . . to apprise the defendant of the basis on which the plaintiff is seeking relief.” E.g., Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6. The SAC fails to address the deficiencies the court identified in the FAC. All causes of action in the SAC are alleged with a similar formula as the FAC. All preceding paragraphs are re- alleged, and plaintiff states defendant engaged in conduct constituting the elements of the claim. This is insuff...

Excerpt: ... Ktown Plaza, LLC (Plaintiff) filed its Complaint against Defendant Korean Shopping Center, Inc. (KSC) on November 27, 2023. Upon learning that the Shopping Center had been sold to INI Investment Corp. on September 9, 2022, Plaintiff filed its First Amended Complaint on December 20, 2023 to add INI Investment Corp. as a defendant. Defendant INI Investment Corp. filed its Answer to the First Amended Complaint on February 6, 2024. On February 21, 2...

Excerpt: ...Chen entered into a written contract with defendant V -Stream Aviation Corp. for a one -way private jet aircraft charter from Maui Hawaii to Van Nuys California. The flight date was scheduled for April 15, 2022 at a cost of $47,600. Plaintiff Becky Yue was an intended co -passenger. On April 8, 2022, Chen cancelled the charger via email “due to covid -19 exposure” with a confirmed positive test result. Chen subsequently requested a refund bas...

Excerpt: ...t, 47 U.S.C. § 230; 2. Demurrer to the entire Second Amended Complaint on the grounds it is barred by the First Amendment of the United Stated Constitution; and 3. Demurrer to the entire Second Amended Complaint for failure to state sufficient facts to constitute a cause of action against Reddit. TENTATIVE RULING: 1. Demurrer to the SAC is SUSTAINED in its entirety without leave to amend. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On June 2...

Excerpt: ... to Strike The court considered the moving, opposition, and reply papers. RULING The demurrer is OVERRULED as to the third cause of action and SUSTAINED WITH TWENTY DAYS LEAVE TO AMEND as to the fourth and sixth causes of action. The motion to strike is DENIED as to paras. 35, 37 (under first cause of action for assault), 41, 43 (under second cause of action for battery), and 48, 50 (under third cause of action for IIED) and prayer for punitive d...

Excerpt: ... Representative of The Arolyn Burns Trust (“Moving Defendants”) RESPONDING PARTY : Plaintiffs Wesley Barry Ross and Candy Peak Ross (“Plaintiffs”) SERVICE: Filed April 5, 2024 OPPOSITION: Filed April 18, 2024 REPLY: Filed April 25, 2024 RELIEF REQUESTED Moving Defendants demur to Plaintiffs' eighth cause of action for fraud and move to strike punitive damages from the Complaint. BACKGROUND On September 26, 2023, Plaintiffs this action aga...

Excerpt: ...) ( collectively, “Plaintiffs”) filed this action against defendant Julien Brunet (“Defendant”) and Does 1 -15 for damages arising from a motor vehicle accident. Defendant now moves for terminating sanctions against Plaintiffs for failing to serve verified discovery responses in compliance with the Court's February 7, 2024 Order pertaining to Defendant's motions to compel discovery responses. Plaintiffs are in pro per. Defendant filed a c...

Excerpt: ...iff further requests monetary sanctions against Defendant in the total amount of $1, 560.00. TENTATIVE RULING: The unopposed motion is granted. Defendant is ordered to provide objection -free responses to Plaintiff's first set of discovery requests within 20 days. The Court imposes sanctions against Defendant in the amount of $900.00. Plaintiff is reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. ...

Excerpt: ...nts Jonah Nok Him Woo and Tommy Woo's Motion to Compel Response to Request for Production of Documents is GRANTED. Plaintiff Amaya Molina shall serve code -compliant responses to Defendants Jonah Nok Him Woo and Tommy Woo's Request for Production of Documents, Set One, without objections, within thirty (30) days of entry of this order. Defendants Jonah Nok Him Woo and Tommy Woo's Request for Monetary Sanctions is GRANTED in the reduced amount of ...

Excerpt: ...: 1. Portions of paragraph 32 of Plaintiff's Complaint as set forth below: "so as to justify an award of punitive damages against Defendants in an amount according to proof," 2. Portions of paragraph 37 of Plaintiff's Complaint as set forth below: "so as to justify an award of exemplary or punitive damages against Defendants in an amount according to proof at trial." 3. Portions of paragraph 45 of Plaintiff's Complaint as ...

Excerpt: ...filed a motion to quash service of the summons and complaint, contending California courts lack personal jurisdiction over it, on 7/28/23, setting the hearing for 1/30/24. The motion seeks alternative relief dismissing the action pursuant to the doctrine of forum non conveniens. On 10/17/23, Defendant, Brand Energy Infrastructure Services of Puerto Rico filed a joinder to the motion. On 10/19/23, Defendant, AES Puerto Rico, Inc. and AES Puerto Ri...

Excerpt: ...ect rather than in person due to the COVID-19 pandemic. This is an employment action. On February 16, 2024, Defendant Jobsource Downey, Inc. filed a motion to withdraw its admissions to Plaintiff Jasson Reyes Lopez's requests for admission nos. 2, 4, 6, 12, 14- 16, and 19-22. In that Motion, Defendant's agents , Carmen Ruiz and Stephany Torres, indicate that they incorrectly admitted these requests. Their declarations state that “The responses ...

Excerpt: ...tudio Enterprises, Inc. (“WB Studio”) as Manager of Food Service Operations in July 2021. Plaintiff's supervisor was Director of Food Services Steve Caloca (“Caloca”). In February 2022, Plaintiff complained to human resources that Caloca was creating a hostile work environment. After making the complaint, Caloca undermined Plaintiff's relationships with the rest of the staff, ignored her ideas, excluded her from important discussions, gav...

Excerpt: ...roup, LLC (erroneously sued as Harley-Davidson Motor Company, Inc.) and TMCHB, Inc. dba Huntington Beach Harley-Davidson (erroneously sued as The Motorcycle Company, LLC) move for an order sealing portions of the Declaration of Leah Orloff in support of Defendants' Motion for Summary Judgment or, in t\ he alternative, Motion for Summary Adjudication (“Orloff Declaration”\ ). The Court notes that the amount of material now sought to be sealed ...

Excerpt: ...N On May 22, 2023, Plaintiff Ana I. Rodrguez (Plaintiff) filed her complaint against Defendants Zoraida Rodriguez and Carlos Castro -Almedia (Defendants). Carlos was personally served with the complaint on June 28, 2023. Zoraida was personally served with the complaint on June 30, 2023. Defendants had 30 days to respond to the complaint. On July 31, 2023, Jonathan Leavitt from the law firm Grant Shenon contacted Plaintiff's counsel on behalf of Z...

Excerpt: ...ode section 7031, and money had and received. On October 29, 2021, Vazgen Hakopian filed his Answer to the Complaint. On November 12, 2021, Vazgen Hakopian filed his Verified Cross - Complaint against Ari Chazanas, Lotus West Properties, Inc., Demetra Chazanas, and Demetra Design Corp. On June 24, 2022, the Court ordered Vazgen Hakopian to provide initial discovery responses to certain form interrogatories, special interrogatories, and requests f...

Excerpt: ...deh's motion for terminating sanctions and entered default against Defendant Schuster Land Corp. The Court found willful discovery abuse when prior evidentiary and monetary sanctions were ineffective, and Defendant did not submit any pretrial documents for the Final Status Conference. On March 12, 2024, Defendant filed a motion to set aside/vacate default with a motion to seal. On March 15, 2024, Plaintiff filed a request for entry of default jud...

Excerpt: ...s order. BACKGROUND This is a disability rights case. On May 22, 2023, plaintiff Orlando Garcia (Plaintiff) filed this action against defendants Wayne Lee, Frances N. Lee (collectively, Defendant Lee),[1] Rayed Abdulnour, and Does 1 through 50, alleging causes of action for v iolations of the Unruh Civil Rights Act and the California Disabled Persons Act. On June 29, 2023, Defendant Lee answered the complaint. On February 21, 2024, Plaintiff move...

Excerpt: ...ontract action. Plaintiff alleges that he found and returned Defendant's lost dog and filed this action to recover the promised reward. The facts stated here are taken from the allegations in Plaintiff's Complaint. In July 2019, Defendant announced on social media that he had been burglarized and his dog was stolen. Defendant offered a reward of $30,000.00 for the return of his dog. Plaintiff found and returned Defendant's dog, but Defendant did ...

Excerpt: ...rom childhood sexual abuse. On August 25, 2023, Defendant filed a demurrer and a motion to strike. DEMURRER The parties' requests for judicial notice of trial court orders in other cases are denied. These orders are unpublished and nonprecedential. (See Santa Ana Hospital Medical Center v. Belshe (1997) 56 Cal.App.4th 819, 831 [“a written trial court ruling has no precedential value”].) A demurrer for sufficiency tests whether the complaint s...

Excerpt: ...rom childhood sexual abuse. On August 17, 2023, Defendant filed a demurrer and a motion to strike. DEMURRER The parties' requests for judicial notice of trial court orders in other cases are denied. These orders are unpublished and nonprecedential. (See Santa Ana Hospital Medical Center v. Belshe (1997) 56 Cal.App.4th 819, 831 [“a written trial court ruling has no precedential value”].) A demurrer for sufficiency tests whether the complaint s...

Excerpt: ...ainant Howard Management Group RESPONDING PARTY: Cross -defendant Pacific Coast Elevator Corporation d/b/a Amtech Elevator Services (1) Motion to Tax Costs MOVING PARTY: Defendant and cross- complainant 1544 9th Street, LLC RESPONDING PARTY: Cross -defendant Pacific Coast Elevator Corporation d/b/a Amtech Elevator Services (2) Motion to Strike Costs or, in the Alternative, to Tax Costs The court considered the moving, consolidated opposition, and...

Excerpt: ...airfax”), and Greenhouse WeHo, LLC (“WeHo”) (collectively, “Defendants”) move for this Court to vacate and set aside the default and any judgment taken against Defendants on the basis Defendants wer e never served process and therefore any default or judgment would be void as a matter of law. (Notice of Motion, pg. 1; C.C.P. §§473(d), 473.5; Rogers v. Silverman (1989) 216 Cal.App.3d 1114.) Background On August 22, 2023, Plaintiffs Ben...

Excerpt: ...2) special interrogatories, set one, and (3) demand for identification and inspection of documents, set one, on plaintiff Martha Melgar ("Plaintiff Melgar") on October 25, 2023. After sending a meet and confer letter regarding the lack of responses, Plaintiff Melgar has failed to serve responses to date. Defendant therefore seeks an order compelling her to respond, without objections, to the outstanding discovery and to pay sanctions. Plaintiff M...

Excerpt: ...dant of statements of damages sought by Garrett and Birky on May 20, 2022. On September 22, 2022, the clerk entered Defendant's default. On August 4, 2023, the Court dismissed the Doe defendants without prejudice at Plaintiffs' request. On April 23, 2024, Plaintiffs filed requests for Court judgment to be heard on May 2, 2024. PARTIES' REQUESTS Garrett asks the Court to enter a default judgment against Defendant and award Garrett $669,595.02, con...

Excerpt: ...e by's International. On July 5, 2023 the parties represented to the court that a settlement agreement had been signed. On December 20, 2023 this court denied Kaplan's motion to enforce settlement on the grounds that Elaine Cohen had not signed the agreement. Kaplan filed a Third Amended Cross -Complaint (TACC) on January 26, 2024, adding claims for breach of settlement agre ement, negligent misrepresentation and fraud against the Cohens and thei...

Excerpt: ...s action arises from a transaction to acquire the rights to a feature film. Plaintiff Stephen Snyder (Plaintiff) sued Defendants James Cardwell, James Cummings, Dweller, LLC, Monty the Dog Productions, Inc., Big Movie, LLC, Leonard Maurice Foley II, and Mark Styslinger for fraudulently inducing Plaintiff into executing an Acquisition and Release Agreement where the Defendants acquired all rights, entitlements, controls and all other interests whi...

Excerpt: ...tiff”) and Defendant Background Images, LLC agreed to lease equipment two defending for a period between August 18, 2022, through November 18, 2022. Defendant agreed to make payments under the agreement but later failed t o do so thereby breaching the agreement. On May 31, 2024, Plaintiff filed the operative Complaint for breach of contract and common counts. Plaintiff moved for default to be entered against the Defendant on July 24, 2023, the ...

Excerpt: ...ividual PAGA claims. No opposition was filed. [FN 2] TENTATIVE RULING: Defendant's Motion to Compel Arbitration of Plaintiff's individual claims is GRANTED. Plaintiff's representative claims are stayed pending the results of the arbitration. A Status Review/OSC re: Dismissal is set for May 2, 2025 at 8:30 a.m. Defendant is ordered to give notice, unless waived. DISCUSSION: Motion to Compel Arbitration 1. Judicial Notice Pursuant to Defendant's re...

Excerpt: ...o and Cynthia Zambrano's (collectively, “Plaintiffs”) further responses to Requests for P\ roduction of Documents, Set One, Nos. 21 and 25. Defendant also requests monetary sanctions in the amount of $1,750 to be imposed against Plaintiffs' a\ nd their counsel of record. Defendant argues that Plaintiffs' responses to RFP Nos. 21 and 25 consist of meritless objections. RFP No. 21 and No. 25. RFP No. 21 sough\ t “[a]ll DOCUMENTS reflecting an...

Excerpt: ...suit, the Roldon and Aronow issues raised in the Opposition require a fuller development of the record bearing on Plaintiff's ability to pay her half of the arbitrator's fees I. BACKGROUND¿ ¿ A. Factual ¿ On February 9, 2024, Plaintiff, Sheena Newman (“Plaintiff”), filed a Complaint against Defendants, Rombro & Manley LLP and DOES 1through 20. The Complaint alleges causes of action for: (1) Legal Malpractice; and (2) Breach of Fiduciary Du...

Excerpt: ...g Party: No opposition. BACKGROUND This is a lemon law action. Plaintiff Khachatour C. Papazian filed a complaint against General Motors LLC and Cada De Cadillac for 1. Breach of Express Warranty under the Song Beverly Consumer Warranty Act; 2. Breach of Implied Warranty under the Song Beverly Consumer Warranty Act; 3. Violation of Business and Professions Code §17200; and 4. Negligent Repair. On January 28, 2021, Plaintiff purchased from an aut...

Excerpt: ...pril 25, 2024. The motion to compel deposition of Honda's PMQ is GRANTED. II. LEGAL STANDARD “If the deponent named is not a natural person, the deposition notice shall describe with reasonable particularity the matters on which examination is requested. In that event, the deponent shall designate and produce at the deposition those of its office rs, directors, managing agents, employees, or agents who are most qualified to testify on its behal...

Excerpt: ...5.230. Additionally, Plaintiff requests an order imposing sanctions against Honda and its counsel of record, Clark Hill LLP in the amount of $2,490.00 . RULING : The motion is granted as set forth below . SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Olivia Morena Posada aka Olivia M. Posada's (Plaintiff) lease of a 2022 Honda CR -V (the Vehicle) pursuant to a “Closed -Ended Motor Vehicle Lease Agreement – Californ...

Excerpt: ...bry (“Plaintiff”) to appear for his deposition and to pay monetary sanctions. On June 14, 2023, Defendants noticed Plaintiff's deposition for September 22, 2023. The deposition was taken off -calendar in order for the parties to meet and confer regarding Plaintiff's written discovery responses. Defense counsel emailed to propose new dates to take Plaintiff's deposition, and after not hearing from Plaintiff's counsel, Defendants served a secon...

Excerpt: ...AND REQUEST FOR MONETARY SANCTIONS Dept. 3 8:30 a.m. May 2, 2024 ) I. INTRODUCTION On January 3, 2023, plaintiff Socorro Cabral (“Plaintiff”), indi\ vidually and as successor in interest to Tovias Espinoza (“Espinoza”), fi\ led this action against defendant Shlomo Rechnitz (“Defendant”), Alhambra Health\ care & Wellness Centre, LP dba Alhambra Healthcare and Wellness Centre (“AHWC”), and Boardwalk West Financial Services, LLC (“...

Excerpt: ...ecial Interrogatories The court considered the moving, opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court rules on plaintiff Seran Ng, D.M.D. Inc.'s evidentiary objections, filed on April 25, 2024, as follows: Objections Nos. 1 and 8 are overruled. Objections Nos. 2-7 and 9 are sustained. DISCUSSION Plaintiff Seran Ng, D.M.D. Inc. (“Plaintiff”) moves the court for an order (1) compelling defend...

Excerpt: ...tion was filed by Plaintiff HUNG DAO on December 20, 2022. Plaintiff alleges that “[o]n September 17, 2021, Plaintiff entered into a warranty contract with FCA US LLC regarding a 2021 Jeep Wrangler….” (Complaint ¶14.) Plaintiff alleges tha t “[d]effects and nonconformities to warranty manifested themselves within eh applicable express warranty period, including but not limited to electrical, transmission, exterior, and structural.” (Id...

Excerpt: ...has moved for an order disqualifying the counsel of Defendants Henry Martinez and Veronica Martinez. Plaintiff argues that Defendants' counsel, Randall M. Awad, should be disqualified from representing Defend ants' because Awad is ineligible to practice law in the State of California. Plaintiff's counsel sent a letter to Awad on January 19, 2024, notifying him that Plaintiff's counsel had discovered that Awad was no longer eligible to practice la...

Excerpt: ...F'S MOTION TO COMPEL FURTHER RESPONSES TO RPDS IS GRANTED IN PART. PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO RFAS IS GRANTED. DEFENDANT'S MOTION TO COMPEL COMPLIANCE WITH A COURT ORDER IS GRANTED. THE REQUEST FOR SANCTIONS IS DENIED. PLAINTIFF'S MOTION FOR PROTECTIVE ORDER IS DENIED. THE PARTIES ARE ORDERED TO SERVE FURTHER RESPONSE TO THE SUBJECT DISCOVERY WITHIN 10 DAYS OF NOTICE OF RULING. DEFENDANT TO NOTICE. If the parties wish to su...

Excerpt: ...nt Vartan Darbinyan Notice: Sufficient Ruling: MOTION TO COMPEL INITIAL RESPONSES TO FORM INTERROGATORIES, SET ONE, REQUEST FOR PRODUCTION, SET ONE, AND SPECIAL INTERROGATORIES, SET ONE, AND MOTION TO DEEM REQUEST FOR ADMISSIONS, SET ONE, ARE ADMITTED AND REQUESTS FOR SANCTIONS ARE GRANTED Background On May 9, 2022, Plaintiff filed the present complaint for premises liability against Defendants Tigran Kazarian and Vartan Darbinyan. On November 20...

Excerpt: ...njury cases and exams arranged by stipulation, a court order is required for a physical or mental examination. Such order may be made only after notice and hearing, and for “good cause shown.” (CCP § 2032.320(a).) The examination will be limited to whatever condition is “in controversy” in the action. (CCP § 2032.020 (a).) This means the specific injury or condition that is the subject of the litigation. The examination must be directly...

Excerpt: ...g -Beverly Act – Breach of Implied Warranty; and (3) Violation of the Song -Beverly Act Section 1793.2. RELIEF REQUESTED¿ Plaintiff, Wenderson Alexandrino, moves for an order to compel responses, without objections, to Plaintiff's Requests for Production of Documents, Set One. Plaintiff's Requests for Production of Documents, Set One, was initially served and propounded on De fendant by Plaintiff on January 9, 2024. This Motion is made pursuan...

Excerpt: ...ed Plaintiff with special interrogatories (set one). After multiple extensions, Plaintiff's counsel failed to provide timely responses. On March 15, 2024, Defendant filed this motion to compel Plaintiff's responses to the special interrogatories and request for sanctions. LEGAL STANDARD ¿¿ If a party to whom interrogatories or an inspection demand were directed fails to serve a timely response, the propounding party may move for an order compel...

Excerpt: ...QUEST FOR PRODUCTION OF DOCUMENTS ) PLAINTIFF'S MOTION FOR ORDER DEEMING ADMITTED TRUTH OF FACTS MOVING PARTY: Plaintiff Selleton.com RESPONDING PARTY: Unopposed (1) Motion to Compel Responses to Form Interrogatories – General (2) Motion to Compel Responses to Special Interrogatories (3) Motion to Compel Responses to Requests for Production of Documents (4) Motion for Order Deeming Admitted Truth of Facts The court considered the moving papers ...

Excerpt: ...endant Langer Juice Company, Inc., et al.'s request for monetary sanctions in the reduced amount of $810.00. Defendant Keith Davis must pay said monetary sanctions to counsel for Plaintiff within 30 days of the Court's o rder. Moving Parties are ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND This is a breach of contract case. On March 2, 2022, plaintiff Langer Juice Company, Inc. (Plaintiff) filed...

Excerpt: ... the bench trial by the parties filing the declarations of their respective witnesses, in lieu of direct examination, pursuant to stipulation. On April 8, 2024, Defendants filed an ex parte application for an order shortening time for hearing the above -referenced motion prior to the cross -examination portion of the trial scheduled to begin on April 15, 2024. CAG filed opposition. On April 9, 2024, after hearing oral argument, the Court grant ed...

Excerpt: ...rocedures are designed to shield a defendant's constitutionally protected conduct from the undue burden of frivolous litigation.” ( Baral v. Schnitt (2016) 1 Cal.5th 376, 393.) “The anti -SLAPP statute does not insulate defendants from any liability for claims arising from the protected rights of petition or speech. It only provides a procedure for weeding out, at an early stage, meritless claims arising from protected activity.” ( Id. at 3...

Excerpt: .... a. Damages Plaintiff's Complaint alleges fifteen causes of action for (1) Failure to Provide Meal Periods; (2) Failure to Provide Rest Breaks; (3) Failure to Pay Overtime Wages; (4) Failure to Furnish Accurate Itemized Wage Statements; (5) Failure to Pay All Wages Owed; (6) Failure to Pay Waiting Time Penalties; (7) Failure to Provide Complete Access to Employee Personnel File and Payroll Records in Violation of Labor Code §§ 226, 432, and 11...