Excerpt: ... action for ejectment, breach of lease, and injunctive relief. On February 2, 2024, by request of Plaintiff, the Clerk's Office dismissed without prejudice Defendant Steve Chang from the Complaint. On February 15, 2024, by request of Plaintiff, the Clerk's Office dismissed without prejudice the entire Complaint. On February 16, 2024, Defendant Steve Chang filed Judicial Council Form MC -010, Memorandum of Costs (Summary) (“Chang Memorandum”)....

Excerpt: ...t Defendants Rock Star Properties, LLC dba AGWC Rockin' Rescue, Ady Gil and Fabienne Origer for negligence, strict liability, and punitive damages. Plaintiff alleges on December 24, 2022, P laintiff was a volunteer at Rock Star Properties, LLC dba AGWC Rockin' Rescue (“Rescue”). While Plaintiff was sitting on the sidewalk near the Rescue, one of Rescue's Labrador dogs, viciously attacked Plaintiff, causing severe injuries to Plaintiff's perso...

Excerpt: ...t C] RELIEF REQUESTED BY MOVING PARTY: Order compelling the production of plaintiff Albert Markarian for deposition and the production by Markarian of all documents demanded at his prior deposition, without objections DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes, Exs. E, F FACTUAL BACKGROUND: Plaintiff New Look Skin Center, Inc (New Look spa) and its manager, plaintiff Albert Markarian, allege that N...

Excerpt: ...acturer/distributor Defendant Tesla, Inc. d/b/a Tesla Motors, Inc. (“Defendant”) issued a written warranty. Plaintiff alleges the warranty was not issued by the selling dealership. Plaintiff alleges the subject vehicle was delivered with serious defects and nonconformities to the warranty and that it developed other serious defects and nonconformities to warranty including, but not limited to, electrical, structural, and engine system defects...

Excerpt: ...ga, CA 91042 and the adoptive mother of two children with disabilities. Plaintiff alleges that she hired Defendant Mickey Lynn McClinton (“McClinton”) on October 1, 2021, to construct two accessory dwelling units and legalize an already-built ADU on the property. Plaintiff alleges that the total price of the project was $1,200,000. Plaintiff alleges that Defendant never disclosed that he was an unlicensed contractor. Plaintiff alleges that in...

Excerpt: ...VE RULING: The motion is denied . REQUEST FOR JUDICIAL NOTICE: Defendant's request for judicial notice is granted as to Exhibits 1 and 2, and denied as to Exhibit 3 . BACKGROUND Plaintiff brings this action under the Song -Beverly Consumer Warranty Act (Civil Code § 1790 et seq.) for a vehicle he purchased on an unspeci�ied date, for which Defendant issued the manufacturer's express warranty. (Compl. ¶¶ 6– 7.) Plaintiff alleges that “the...

Excerpt: ...verned by the California Arbitration Act (“CAA”) or the Federal Arbitration Act (“FAA”), courts resolve doubts about an arbitration agreement's scope in favor of arbitration. (Moncharsh, supra, 3 Cal.4th at 9; Comedy Club, Inc. v. Improv West Assocs. (9th Cir. 2009) 553 F.3d 1277, 1284; see also Engalla v. Permanente Med. Grp., Inc. (1997) 15 Cal.4th 951, 971 -972 [“California law incorporates many of the basic policy objectives contain...

Excerpt: ...PARTY: Defendants Hyundai Motor Company and Hyundai Motor America (collectively, “Hyundai” or “Defendants”) RESPONDING PARTY: Plaintiffs Nayeli Viridiana Saldaña Canico, Gustavo Alfredo Saldaña Canico, Jorge Uriel Saldaña Canico, and Ismael Saldaña Canico (collectively, “Canico Siblings” or "Plaintiffs") The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an alleged automo...

Excerpt: ...ing from a slip and fall incident which took place in May 2019. Plaintiff Christina Gutierrez filed her Complaint against the City of Los Angeles on April 22, 2020. On March 30, 2023, Plaintiff filed a Doe Amendment naming AEG Management LACC, LLC as defendant in this action. On January 31, 2024, this Court granted Defendant's motions to compel responses to Form Interrogatories, and Special Interrogatories. The Court ordered Plaintiff to provide ...

Excerpt: ...:22- CR-00267, is granted. Defendants Jose Angel Del Villar's and DEL Records, Inc.'s motion to quash Plaintiff Brian Gutierrez's deposition subpoena for business records issued to Non -party CC Soundhouse LLC is continued to December 18, 2024. Defendants Jose Angel Del Villar's and DEL Records, Inc.'s motion to quash Plaintiff Brian Gutierrez's deposition subpoena for business records issued to Non -party Harbourview Equity Partners, LLC is cont...

Excerpt: ...ive, motion for summary adjudication is DENIED. Plaintiffs Deanna Turner, Jean Mejia, and Chi Cho's motion for summary adjudication on their first cause of action for violations of the Investigative Consumer Reporting Agencies Act in the Complaint is DENIED. On July 22, 2022, Plaintiffs Stacey Carr- Susor, Chi Cho, Deanna Turner, and Jean Mejia filed suit against Barrington Pacific, LLC (“Barrington Pacific”), and Does 1 through 30, inclusive...

Excerpt: ...as collectively, “Plaintiffs”) filed this action asserting a single \ cause of action for breach of express warranty pursuant to the Song-Beverly Consumer Warranty Act (“SBA”). Plaintiffs allege that on September 2, 2019, they entered into a warranty contract with defendant Mazda Motor of America, Inc. (“Defe\ ndant”) regarding a 2016 Mazda Mazda6. (Compl., ¶ 14.) Plaintiff claim that\ defects and nonconformities to warranty manifest...

Excerpt: ...s Saucedo, a minor by and through her guardian ad litem Manuel Villalobos Rodriguez (“Plaintiff”), alleges that Defendants Samsung SDI America, Inc. (“SDIA”), Samsung Electronics America, Inc. (“SEAI”), Doe Cell Phone Designer/Manu facturer/Distributer 1 -10, Cell Phone Battery Company/Manufacturer/Distributor/Designer Does 11 -20, AT&T Store, Doe Store/Owners/Employees 21 -30, AT&T Wireless Inc., AT&T Inc., and Doe Cell Phone Company...

Excerpt: ...ion (erroneously sued as Grant & Weber, Inc.) and Grant & Weber Arizona, Inc., an Arizona corporation Responding Party: Plaintiffs Spencer Weinerman, individually and trustee of the Weinerman Family Trust BACKGROUND Plaintiff is a shareholder and former employee of G&W CA, a debt collection, revenue cycle management, and receivables management company, whose employment terminated on December 14, 2014. Plaintiff owns 25% of the outstanding shares ...

Excerpt: ... “Hernandez”) purchased a 2020 Kia Forte (“Vehicle”) from Kia of Carson (“Dealer”) on February 18, 2020. The Vehicle had an express warranty. Plaintiff alleges the Vehicle's air conditio ning system was defective. She presented the Vehicle to an authorized Kia repair facility for repair. However, the repair facility was unable to conform the Vehicle to the applicable express warranty after a reasonable number of attempts. The Vehicle ...

Excerpt: ...iation, Inc. (“Defendant”) and Does 1 through 100, asserting causes of action for general negligence and premises liability. Defendant filed an answer on February 2, 2024. Previously, Plaintiff, represented by the same counsel, filed a similar complaint on October 14, 2022, seeking to recover for what appears to be the same injury against GP Rah Enterprises Inc. and Does 1 through 100, under Case No. 22STCV33609. (Torres-Brito Decl., ¶ 2; Re...

Excerpt: ...iation, Inc. (“Defendant”) and Does 1 through 100, asserting causes of action for general negligence and premises liability. Defendant filed an answer on February 2, 2024. Previously, Plaintiff, represented by the same counsel, filed a similar complaint on October 14, 2022, seeking to recover for what appears to be the same injury against GP Rah Enterprises Inc. and Does 1 through 100, under Case No. 22STCV33609. (Torres-Brito Decl., ¶ 2; Re...

Excerpt: ...vocating, a pleading, petition, written notice of motion, or other similar paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met: (1) It is not being presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost...

Excerpt: ... 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 received. Notice may be given either by email at [email protected] or by telephone a...

Excerpt: ...erve admissions response to defendant and cross- complainant's Requests for Admissions, Set One FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Erika W. Navarrete (referenced in the complaint caption with the spelling Navarete, and in some portions of the complaint as Navarette) alleges that in November of 2021, she acquired an interest in a single -family residential dwelling in South El Monte with defendant David A. Rodriguez, and that at the time...

Excerpt: ...SCH”) The Court has considered the moving, opposition, and reply papers. BACKGROUND On June 20, 2023, Plaintiffs Glass House Brands Inc., Kyle D. Kazan, and Graham Farrar (collectively, “Plaintiffs”) filed a Complaint against Defendants South Cord Holdings LLC, South Cord Management LLC, Elliot Lewis, Damian Martin (collectively, “Defendants”), and DOES 1 through 100, inclusive for: (1) Defamation Per Se; (2) Defamation Per Quod; and (3...

Excerpt: ...declaratory r elief against the Los Angeles Unified School District (the “LAUSD” or the “District”), as well as the Board of Education and Superintendent (collectively, “Respondents”). Petitioners move for a preliminary injunction to prevent the LAUSD from using a school facility, constructed with Charter School Finance Program (“CSFP”) funds, for anything other than a qualified charter school, per the Charter School Facilities Pr...

Excerpt: ...cond Amended Verified Complaint FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Angela Mendoza brings this action against defendants Mohave Transportation Insurance Company and Joseph Samaha for damages plaintiff alleges plaintiff suffered arising from a motor vehicle cause of action. The operative complaint, the First Amended Complaint, is a form complaint which attaches no cause of action forms. The initial complaint alleges that defendant Samaha ...

Excerpt: ...tion and damages against Defendant General Motors, LLC (“GM”) for violation of the Song Beverly Consumer Warranty Act. Plaintiff alleges that on March 4, 2021, she purchased a 2020 Chevrolet Bolt and that the vehicle constitutes a “new” vehicle under the Act. (Compl., ¶¶4-5.) Plaintiff alleges that she is a “lessee” of consumer goods and GM is a “manufacturer” who offered an express warranty to Plaintiff under the Act. (Id., ¶�...

Excerpt: ...e of 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 teleph...

Excerpt: ...n California Edison Company on causes of action arising from the Parties' contract and contractual relations. On March 8, 2024, Defendant filed its Demurrer and its Motion to Strike. Defendant concurrently filed: (1) Request for Judicial Notice; (2) Declaration of Julia A. Mosel (in support of the Demurrer); (3) Declaration of Julia A. Mosel (in support of the Mot ion to Strike); (4) Proposed Order (for Demurrer); and (5) Proposed Order (for Moti...

Excerpt: ...IATES'S MOTION TO ENFORCE THE SETTLEMENT AGREEMENT Background On January 14, 2021, plaintiff National Commercial Recovery, Inc., a California corporation d/b/a Blair Smith and Associates (“Plaintiff”) filed the action against defendants Jem Logistics Services Ltd, Inc., a California corporation; Jem Logistics Services Transport, a California corporation; Julie Maske a/k/a Julie Michelle Maske a/k/a Julie Georgescu, an individual; Nicolas Geor...

Excerpt: ... America, Inc's (“Defendant”\ or “SOA”), Motion for Summary Judgment (“MSJ”), and grant\ ing leave to file an Opposition to the MSJ. Plaintiff's Motion is made pursuant to California Code of Civil Procedure, section 473, subdivision (b) on the grounds that due to a clerical oversight and excusable neglect in Plaintiff's counsel's office's calendaring department, Plaintiff failed to file an Opposition to SOA's MSJ. (Declaration of Luis...

Excerpt: ...aintiff alleges that she hired Defendant Mickey Lynn McClinton (“Defendant”) on October 1, 2021, to construct two accessory dwelling units and legalize an already -built ADU on the property. Plaintiff alleges that the total price of the project was $1,200,000. Plaintiff alleges that Defendant demanded $575,000 to pay for permits and materials and that he represented himself as a highly experienced contractor. Plaintiff alleges that Defendant ...

Excerpt: ... for a commercial property. On September 14, 2023, and October 6, 2023, the clerk entered the defaults of Defendants Dumlao and Bernardo, respectively. Defendants now move to set aside the defaults pursuant to the discretionary provision of CCP § 473(b). Plaintiff opposed. TENTATIVE RULING: Defendants' Motion to Set Aside the Defaults is GRANTED. Defendants are to file and serve, as a stand-alone pleading, the proposed Answer contained in Exhibi...

Excerpt: ... are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. This is an action in which Plaintiffs Travelers Commercial Insurance Company and Consumers County Mutual Insurance Company allege that “Defendant West Hollywood Collision Center (“WHCC”) (and, by extension, the other defendants, who Travelers alleges are a lter egos and successor corporations of one another) had engaged in improper condu...

Excerpt: ...“Dang”), State of California, California State University, California State University of Northridge, CSU- Northridge, and Does 1 to 50 for damages arising from an automobile collision. Trial is currently set for May 23, 2024. Plaintiff now moves to reopen discovery for the limited purpose of conducting defendant Dang's deposition. Defendants Board of Trustees of the California State University (erroneously sued as “State of California, Cal...

Excerpt: ...efendant is indebted to Plaintiff in the amount of $69,183.21 for failure to make payments on a credit account. On August 21, 2023, this court granted Defendant's motion to set aside his default, and on September 13, 2023, amended the order to require that Plaintiff properly re- serve the Defendant as provided by law. Defendant now moves to quash service of the summons and complaint. Plaintiff opposed. TENTATIVE RULING Defendant's Motion to Quash...

Excerpt: ...3: Complaint filed. • 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. Specially A...

Excerpt: ...: Defendants Markos Vivian and Asia Top City Ltd.'s Motion to Quash for Lack of Personal Jurisdiction is denied. Defendants Vivian and ATC are to file an Answer within 10 days. The Court continues the Case Management Conference to May 2, 2024, at 8:30 a.m. Defendants to give notice. BACKGROUND On January 11, 2023, Zahem Al Zahem; the Estate of Subheyah Al Muqahwi by and through administrator Ahmad Yousif Alomani; Fahad Al Omani; Mossaffa LLC; Abd...

Excerpt: ...d quash writs of execution and abstracts of judgment and return of funds levied; and dismiss the action RULING : Motion is denied. SUMMARY OF ACTION This is a breach of contract case filed on August 26, 2020. Default judgment was entered against Defendants Guy Vaughn (Vaughn) and Sunset Pools Custom Design, Inc., on November 25, 2020. Vaughn claims that he did not become aware of the judgment against h im until he applied for a home loan in Septe...

Excerpt: ...ourt 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 at (818) 260 - 8412. ALLEGATIONS: Bill Flore...

Excerpt: ...ears to the court appropriate under the circumstances of the case.” CCP § 583.420 provides: (a) The court may not dismiss an action pursuant to this article for delay in prosecution except after one of the following conditions has occurred: (1) Service is not made within two years after the action is commenced against the defendant. (2) The action is not brought to trial within the following times: (A) Three years after the action is commenced...

Excerpt: ...vidence or appears reasonably calculated to lead to the discovery of admissible evidence.” (CCP § 2017.010; see Davies v. Superior Court (1984) 36 Cal.3d 291, 301.) “For discovery purposes, information is relevant if it ‘might reasonably assist a party in evaluating the case, preparing for trial, or facilitating settlement.' [Citation] Admissibility is not the test and information, unless privileged, is discoverable if it might reasonably ...

Excerpt: ...S-COMPLAINT BACKGROUND A. Allegations Plaintiff California General Underwriters Insurance Company, Inc. (“Plaintiff”) alleges that on April 11, 2022, at 10855 Hartstock St., North Hollywood, CA 91601, Defendant On Point Builders, Inc. (“On Point”) and its employees were working within the cour se and scope of their employment when they caused Edwina Jo Snow aka Edwina Jo Burton Snow (“the insured”) to incur monetary damages. Plaintiff...

Excerpt: ...be heard on April 12, 2024. Plaintiff did not file an opposition. Trial is currently scheduled for June 14, 2024. PARTY'S REQUEST Defendant asks the Court to continue the trial to October 15, 2024 so that Defendant's motion for summary judgment can be heard before trial. LEGAL STANDARD California Rules of Court, rule 3.1332 provides: “(a) Trial dates are firm “To ensure the prompt disposition of civil cases, the dates assigned for a trial are...

Excerpt: ...t this action involves a 22-year- old lease relationship between Sardariani and Defendant Roland Markarian (“Markarian”). Plaintiffs allege that Markarian rented the leased premises located at 7139 Foothill Blvd. in Tujunga on May 1, 2002 sub ject to the lease agreement. Plaintiffs allege that Markarian sued Plaintiffs on May 11, 2022 in Pasadena Case No. 22PDUD00815, Markarian v. Sardariani. On June 8, 2016, Markarian, without notice to Plai...

Excerpt: ...r production is granted. SUMMARY OF ACTION On January 4, 2024, Plaintiff Cecilia Thompson (Plaintiff) served Defendant Kyle Perez (Defendant) with Requests for Production. Responses to the requests were due on or before February 8, 2024. Defendant failed to serve any responses by the deadline. On F ebruary 13, 2024, Plaintiff served a meet and confer letter on Defendant advising of the failure to respond and requesting verified responses by Febru...

Excerpt: ...: On October 19, 2021, Plaintiff Jawchyi C. Lee filed his Complaint against Defendant Southern California Permanente Medical Group (initially sued as Kaiser Foundation Hospitals) on causes of action of defamation, violation of Health and Safety Code section 1278.5, violations of Labor Code section 6300 et seq. and 6400 et seq., and violation of Labor Code section 1102.5. On October 22, 2021, Plaintiff filed his First Amended Complaint (FAC). On F...

Excerpt: ...omplaint in this action on February 18, 2021, asserting causes of action for negligence and products liability 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 N...

Excerpt: ...everly Consumer Warranty Act. On 12/14/2023, Plaintiff moved to compel Defendant's initial responses to: (1) Form Interrogatories, Set One; (2) Special Interrogatories, Set One; (3) Requests for Admissions, Set One; and (4) Requests for Production of Documents, Set One (collectively, t he “Discovery”). Discussion As a preliminary matter, Plaintiff must issue filing fees for four motions, given that this omnibus motion consolidates four differ...

Excerpt: ...ction of emotional distress, (3) negligent failure to educate, warn or train, (4) failure to report suspected child abuse, (5) negligent supervision of a minor and (6) negligence. Plaintiff filed the instant motion to compel further response to Requests for Production of Documents on January 31, 2024. Maranatha filed an opposition on February 26, 2024. Plaintiff filed a reply on March 1, 2024. The hearing on this motion was continue d to its curr...

Excerpt: ... and High Heals Kitchen, Inc.'s Motion to Compel Further Responses to Requests for Production. I. Background A. Pleadings Plaintiffs High Heals Kitchen, Inc. and Michelle Mangione sue Defendants Global Cannabis Applications Corp. (Global) and Does 1 through 10 pursuant to a September 29, 2023, First Amended Complaint (FAC) alleging claims of (1) Breach of Contract and (2) Fra ud. The breach of contract claim arises from the following allegations....

Excerpt: ...legedly Plaintiff's landlord. However, Levine died in January 2021. On July 13, 2022, Plaintiff filed a First Amended Complaint adding Herschel Manalo, the trustee of Levine's estate, as a Defendant. Plaintiff filed the operative Third Amended Complaint on April 24, 2023. On March 11, 2024, Plaintiff filed the instant two motions to compel further responses to special interrogatories and requests for production. Defendant filed his oppositions on...

Excerpt: ...papers. BACKGROUND On September 7, 2023, Plaintiff Jinhee Kim filed the operative Second Amended Complaint alleging causes of action for (1) breach of oral agreement, (2) wrongful retention of security deposit per Civ. Code §1950.7(C), (3) money had and received, (4) breach of covenant of quiet enjoyment, and (5) California unfair competition under Cal. Bus. & Prof. Code §§ 17200, et seq. Defendant Brandon Kim seeks leave to file a cross -comp...