Excerpt: ... responses, without objections, to Special Interrogatories, Set One. Defendants also move to compel Plaintiff Esmeralda Espinoza to serve verified responses, without objections, to Special Interrogatories, Set One and Form Interrogatories, Set One. Defendants seek monetary sanctions. No opposition has been filed. LEGAL STANDARD If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an ...

Excerpt: ...ned without leave to amend as to the first, second, third, fourth, and seventh causes of action and sustained with leave to amend under the fifth and sixth cause of action only. The Plaintiff is granted 30 days leave to amend. Defendant Tellez is to give notice. BACKGROUND This action arises in connection with the sale, financing, and leasing of Defendant Throgmorton's Frame Clinics, Inc. (“Frame Clinics”), a business entity operating in Cali...

Excerpt: ... Marvin Glenn Holloway (“Holloway”) (collectively, “Plaintiffs”) The Court has considered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least nine court days before the hearing pursuant to California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND The currently operative first amended complaint (the “FAC”) alleges ten causes of act...

Excerpt: ...anuary 9, 2024 OPPOSITION: Filed January 23, 2024 REPLY: Filed January 30, 2024 RELIEF REQUESTED Prolink moves to file its motion for determination of good faith settlement under seal and for a determination its settlement with Plaintiff was made in good faith. BACKGROUND This case arises out of Plaintiff V&K Properties, LLC's (“Plaintiff”) claim that Defendants Amguard Insurance Company (“AIC”) and Prolink Elite Financial & Insurance Ser...

Excerpt: ...Ford Fontana, for violations of the Song-Beverly Consumer Warranty Act, Civil Code § 1790, et seq. Ford filed an Answer to the Complaint on August 8, 2023.¿ On November 1, 2023, Ford served an Offer to Compromise and Acceptance Under Code of Civil Procedure section 998.¿ Plaintiff accepted the 998 Offer on December 4, 2023. On January 9, 2024, Plaintiff filed this Motion for Attorney's Fees and Costs and concurrently filed a Memorandum of Cost...

Excerpt: ...jury trial, and the jury ultimately returned a verdict in the amount of $1,659,456 (compensatory) plus $3,000,000 (punitive). On 12/15/23, the Court heard Defendant's unopposed motion for a new trial. The Court granted the motion in part, reducing the punitive damages award from $3 million to $939,669. 2. Motion for Attorneys' Fees a. Parties' Positions Plaintiff seeks an attorneys' fees award in the amount of $1,659,805. Defendant opposes the mo...

Excerpt: ...endants W.K.S Restaurant Corporation and W.K.S. LA Restaurant Corporation, and that Defendants violated multiple provisions of the Labor Code and Industrial Welfare Commission On October 18, 2021, Plaintiff provided written notice to the Labor & Workforce Development Agency, and Defendants, stating her intent to seek civil penalties pursuant to Labor Law Private Attorney General Act. On February 16, 2022, after fully exhausting the statutory 65-d...

Excerpt: ...on Inc., Jiang Lin, and Ying Xiong. On June 13, 2023, each Defendant filed nearly identical demurrers and motions to strike. DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, ...

Excerpt: ...fendant, LAZ Karp Associates, LLC's Demurrer (2) Defendant, LAZ Karp Associates, LLC's Motion to Strike (3) Defendant, City of Inglewood's Demurrer (4) Continued CMC Tentative Rulings: (1) LAZ Karp Associates, LLC's Demurrer is SUSTAINED with 20 days leave to amend (2) LAZ Karp Associates, LLC's Motion to Strike is MOOTED in part, and GRANTED in part and DENIED in part (3) City of Inglewood's Demurrer is SUSTAINED with 20 days leave to amend (4) ...

Excerpt: ...n June 15, 2023, Plaintiffs Michael Thalkan and Brandi Thalken initiated this action asserting a cause of action against Defendant Ford Motor Company under the Song-Beverly Consumer Warranty Act (“Act”) for breach of express warranty, a second cause of action for fraudulent concealment against Ford Motor Company, and a third cause of action for negligent repair against Santa Margarita Ford. The Complaint alleges that on June 30, 2020, Plainti...

Excerpt: ...elements do not require the specificity defendants demand. The demurrer is therefore OVERRULED as to Solis Design Studio. The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to negligence per se (the seventh cause of action) because negligence per se is not a separate cause of action. Negligence per se is a form of negligence where a law or regulation provides the applicable standard of care, which is only an element of the cause of action. Becau...

Excerpt: ...he court considered the moving papers. RULING Defendant City Wide Property Management, Hassan Bogsara, and Sima Bogsara's Demurrer is OVERRULED as to the first and seventh causes of action and SUSTAINED with Leave to Amend as to the sixth, eighth, and ninth causes of action. Defendant City Wide Property Management, Hassan Bogsara, and Sima Bogsara's Motion to Strike is GRANTED with Leave to Amend as to paragraphs 51 and 70 in accordance with the ...

Excerpt: ...Mario Vasquez Gallegos (“Plaintiff”). Defendant also moves to strike Plaintiff's prayer for punitive damages and related allegations. The Court SUSTAINS Defendant's demurrer as to the eighth cause of action WITHOUT LEAVE TO AMEND. The Court GRANTS Defendant's motion to strike WITH LEAVE TO AMEND. Plaintiff may amend the complaint with respect to the punitive damages claim within 20 days of this order. Background This action concerns Plaintiff...

Excerpt: ...”) and Anika Patel (“Patel”). Nilsen filed the operative First Amended Complaint (“FAC”) on January 7, 2022. The FAC alleges one cause of action for breach of lease. In the FAC, Nilsen alleges on or about November 17, 2018, she entered into a written lease agreement with Henriques and Patel for the property located at 2634 Barry Avenue, Los Angeles, CA 90064-2812. (FAC, ¶ 6.) Nilsen alleges that “[t]he lease term commenced on Decembe...

Excerpt: ...f funds from Plaintiffs when he served as CEO of Hwy Logistic, Inc. The Second Amended Complaint (“SAC”) also alleges that Li, Chih's wife, engaged in fraud by receiving Chih's salary in her name and that she and Chih engaged in a fraudulent scheme to steal and dissipate Plaintiffs' assets and embezzle Plaintiffs' funds. The SAC alleges the following causes of action solely against Chih: First Cause of Action for Breach of Contract; Third Cau...

Excerpt: ...5 years old. Plaintiff alleges she was subjected to ongoing grooming and multiple sexual assaults by Defendant Charles “Chuck” Drylie, a Whittier police officer designated as a Supervising Law Enforcement Police Explorers Advisor. On February 4, 2022, Plaintiff sued Defendants Drylie and the City of Whittier for Negligence, Negligent Training and Supervision, Sexual Battery, Sexual Harassment, and Gender Violence. On August 25, 2022, Plaintif...

Excerpt: ...EFENDANT'S DEMURRER IS OVERRULED. THE MOTION TO STRIKE IS DENIED. DEFENDANT TO FILE AND SERVE AN ANSWER TO THE SECOND AMENDED COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANT TO NOTICE If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and r...

Excerpt: ... name of Defendant John Y. Oh, who was erroneously sued as Jung Hoon Oh. On August 14, 2023, Defendants filed their Answer to the Complaint. On December 22, 2023, Defendants filed their Motion for Judgment on the Pleadings. Defendants concurrently filed Declaration of Haewon Kim. On January 19, 2024, Plaintiff filed his Opposition. On January 25, 2024, Defendants filed their Reply. ANALYSIS: I. Legal Standard “A party may move for judgment on t...

Excerpt: ...artment 76 may be sent by email to [email protected] or telephonically at 213-830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. This is an alleged breach of contract for services and/or goods, wares and merchandise sold and delivered to Defendants provided on credit. Defendant Screamline Investment Corporation demurs to the First Amended Complaint. ...

Excerpt: ...osition (no reply was filed) and renders the following tentative decision. A. Statement of the Case 1. The Complaint Plaintiff filed the Complaint on November 27, 2023. The operative pleading is the First Amended Complaint (“FAC”) filed December 26, 2023, alleging (1) collection of rent on a substandard dwelling, (2) breach of the implied warranty of habitability, (3) private nuisance, and (4) a violation of unfair competition law, Business a...

Excerpt: ...to amend as to the second cause of action against Defendant LuxUrban, Inc. only, and overruled as to the third cause of action. This action arises from a commercial landlord tenant dispute. On March 15, 2023, Plaintiff 819 S. Flower, LP (Plaintiff) and Defendants LuxUrban RE Holdings, LLC and LuxUrban Hotels Inc. (Defendants) entered into a commercial lease to operate a hotel (Original Lease). The Complaint alleges that Defendants made a number o...

Excerpt: ... Flynn Adams (“Flynn”) and Christoper Adams (together, “Plaintiffs”) leased, with the intent to purchase in the future. Plaintiffs' first amended complaint (“FAC”), alleges fourteen causes of action for (1) breach of statutory duties; (2) negligence; (3) maintenance of a nuisance and trespass; (4) breach of lease agreement; (5) breach of contract; (6) fraud and deceit; (7) negligent misrepresentation; (8) breach of the duty of good fa...

Excerpt: ...of Plaintiff Patricia Baber's FAC. Plaintiff Patricia Baber has substantially complied with Government Code § 910, and has successfully plead all necessary elements of Premises Liability pursuant to Government Code § 835 and General Negligence pursuant to Government Code § 815.2. Defendant State of California's RJN is GRANTED. I. Demurrer for failure to comply with Government Claims Act GOV Code § 910 - OVERRULED Public entities, such as the ...

Excerpt: ... and reply papers. BACKGROUND This action, which was initiated on June 13, 2023, arises out of alleged sexual abuse of a minor while Plaintiff attended a school in Moving Defendant's school district. The currently operative first amended complaint (the “FAC”) alleges: (1) sexual assault; and (2) negligence. On October 26, 2023, Moving Defendant filed a demurrer (the “Demurrer”) on the grounds that the FAC fails to allege sufficient facts ...

Excerpt: ...rovide Rest Breaks, (8) Waiting Time Penalties, (9) Failure to Provide Sick Leave, (10) Failure to Provide Wage Statements, (11) Failure to Maintain Accurate Records, (12) Failure to Provide Copies of Signed Documents, (13) Failure to Reimburse, (14) Unfair Competition, (15) PAGA Violations against Defendants Rokit Inc., Rokit Drinks LLC, Rokit Imports Inc., Rokit Drinks Imports Inc., Rokit Drinks Resources Inc., Rokit Distillery Inc. (collective...

Excerpt: ..., alleging causes of action for general negligence and premises liability. On January 5, 2024, Defendant filed a demurrer to the complaint. On January 24, 2024, Plaintiff opposed the motion. On January 26, 2024, Defendant replied. LEGAL STANDARD A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading (complaint, answer or cros...

Excerpt: ...l-monitoring device read all of his thoughts and memories. (Second Amended Complaint “SAC” ¶ 63.) On December 27, 2022, BDO sent Plaintiff a detailed letter setting forth the grounds for a demurrer to his initial complaint. (Declaration of Melvin B. Wu (“Wu Decl.”) at ¶ 2.) Plaintiff responded to BDO's letter on December 30, 2022, and agreed to file an amended complaint. (Id. at ¶ 3.) On January 12, 2023, Plaintiff filed the First Amen...

Excerpt: ...e Court specifically requests argument on the fifth cause of action for malicious prosecution. Background This action arises out of a small protest that Plaintiff attended outside the house of Marqueece Dawson, a member of the Los Angeles City Council. The following facts are taken from the allegations in Plaintiff's complaint. On December 15, 2020, around 8:10 a.m., Plaintiff and several other protestors arrived outside Dawson's house to picket....

Excerpt: ...a judgment of dismissal. The Court sets a nonappearance review date of February 26, 2023 at 8:30 a.m. to review the proposed judgment of dismissal. Moving party to provide notice and to file proof of such notice within five court days after the date of this order. FACTUAL BACKGROUND This is an action for breach of contract, negligence, fraud, and common counts. Plaintiff alleges that Defendant Network Capital Funding (“Network”) misrepresente...

Excerpt: ... to which Digital would move to Thunder and Thunder would ultimately acquire Digital's Mobile Motion Mocap (“MMM”) unit. On 2/15/21, Thunder and Digital entered into a written MOU, the terms of which are set forth at ¶10 of the complaint. Ultimately, Digital alleges Thunder breached the agreement by not paying for services rendered, keeping all rights to the content produced, never buying Digital's assets, and instead converting the assets f...

Excerpt: ...as bedbug) bites during Plaintiff's stay at Defendants' hotel on November 03, 2019. Plaintiff checked in to the hotel on November 02, 2019. On November 03, 2019, Plaintiff states that she awoke at 2 a.m. with an “intense itching sensation.” (Compl. ¶ 15.) She alleges that when she pulled back the covers, she discovered bedbugs which she reported to hotel staff. Plaintiff contends that cleaning staff then came to inspect the room at which tim...

Excerpt: ...provided negligent drawings, plans, specifications, safety instructions, and designs for Plaintiff to use in constructing a building. As a result, the building Plaintiff was working on collapsed, causing him to sustain grave injuries. His wife sues for loss of consortium. Plaintiffs have added numerous doe defendants to the action, including CH2M Hill Engineers, Inc., which it named as Doe One on 9/07/23. Many defendants have pending cross-compla...

Excerpt: ...of action; Plaintiff lacks standing to sue; and Ms. Jalilvand individually has no liability to Plaintiff. TENTATIVE RULING: 1. Demurrer to the FAC is SUSTAINED without leave to amend. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On October 28, 2020, Plaintiff Pacific Attorney Group (Plaintiff) filed a Complaint against Defendants Fred Panahi, Kamelia Jalilvand, and Jalilvand Law Corporation with ten causes of action for: 1. Intentional Interfe...

Excerpt: ...ado and Marisela S Preciado, at or about the intersection E. Palmdale Avenue and 30th Street East in Palmdale, California 93550. Plaintiff further alleges damages in the following amounts: (1) $4,339.68 in property damage, and $30,000.00 in damages to Juan Ramos Preciado and Marisela S Preciado's persons. On May 25, 2021, Plaintiff filed its Complaint for Property Damages and Uninsured Motorist Bodily Injury. On July 21, 2021, Fabiola filed her A...

Excerpt: ... 3. Liberty Mutual Insurance Company's Demurrer to Third Amended Complaint 4. Liberty Insurance Corporation's Demurrer to Third Amended Complaint 5. Rainbow International of Buena Park and Mark Lingurar's Demurrer to Third Amended Complaint 6. Rainbow International of Buena Park and Mark Lingurar's Motion to Strike Portions of Third Amended Complaint 7. Rainbow International LLC's Demurrer to Third Amended Complaint 8. Rainbow International LLC's...

Excerpt: ... sued as Law Office of Jay G. Foonberg). Carson's complaint contains two categories of causes of action. First, under the Fair Employment and Housing Act, Carson alleges gender-based employment discrimination, sexual harassment in the workplace, retaliation for complaining about the harassment, and wrongful termination. Second, under various provisions in the California Labor Code, Carson alleges that she was misclassified as independent contract...

Excerpt: ...TED as against Plaintiff, but the Court DENIES to compel non-signatory ARCH into arbitration but stays the civil litigation as to ARCH pending a hearing on a petition to enforce the arbitrator's award. The Court also sets an arbitration status conference for December 10, 2024 at 8:30 a.m. in Department IW-8 I. BACKGROUND¿ ¿ A. Factual¿ On April 4, 2023, Plaintiff, American Ironworks Manufacturing, Inc. (“Plaintiff”) filed a Complaint again...

Excerpt: ...ing findings: (1) the party has a substantial interest in the action as a whole; and (2) the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. (Code Civ. Proc., § 36, subd. (a).) An affidavit submitted in support of a motion for preference under this subdivision may be signed by the attorney for the party seeking preference based upon information and belief as to the medical...

Excerpt: ...Nicole Swainston (“Plaintiff”) filed the instant wrongful termination action against Defendants Kaiser Foundation Hospitals, Inc. (erroneously sued as Kaiser Foundation Health Plan, Inc.) (“KFH”) and Glen Har (jointly “Defendants”). The complaint asserts thirteen causes of action for (1) Sex Discrimination in Violation of the Fair Employment and Housing Act (“FEHA”), (2) Disability Discrimination in Violation of FEHA, (3) Failure ...

Excerpt: ...urchaser of a 2020 Honda Pilot (the “Subject Vehicle”), which was distributed and warranted by Defendant AMERICAN HONDA NORTH AMERICA, INC. (“Defendant”). Legal Standard A party may make a demand for production of documents and propound interrogatories without leave of court at any time 10 days after the service of the summons on, or appearance by, the party to whom the demand is directed, whichever occurs first. (Code Civ. Proc., § 2031...

Excerpt: ...tiffs' Special Interrogatories, Set One, specifically: Special Interrogatory Nos. 45–48. Plaintiffs further request monetary sanctions to be imposed against Defendant and its counsel in the amount of $2,207.50. TENTATIVE RULING: The motion is denied. BACKGROUND On 5/3/23, Plaintiffs served their first set of discovery requests on Defendant. (Decl. of Zachary Powell ¶ 3.) On 6/6/23, Defendant served its responses thereto. (Id. at ¶ 4.) On 9/29...

Excerpt: ...nt, United Clinical Research, Inc. (“United”). Plaintiff brings this action against Defendant Matrix Clinical Research, Inc. (“Matrix”) and individual Defendants Faramarz Shamam, Peyman Banooni, and Stan Gershovich (the “Individual Defendants”) (collectively, “Defendants”). Plaintiff alleges Plaintiff and the Individual Defendants previously formed United, a company that conducts clinical trials for drug development, in which Plai...

Excerpt: ...ions Tentative Rulings: (1) Plaintiff's Motion to Compel Deposition of Defendant, Dominique Nikko Westmoreland is GRANTED to be taken on or before February 23, 2024 (2) Monetary sanctions are GRANTED in the amount of $960, payable on or before February 29, 2024 from Defendant to the Plaintiff's counsel ¿¿ ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ ¿¿¿ On September 10, 2021, Plaintiff, Sebastian Medvei (“Plaintiff”) filed a Complaint against Defenda...

Excerpt: ...tive Group, LLC dba Hunter Dodge Chrysler Jeep Ram Fiat and HW Hunter Ram (“Hunter Dodge”). On December 11, 2023, Plaintiff filed a motion to compel the deposition of Hunter Dodge's PMK. If a party or an officer, director, managing agent, employee of a party, or person designated as the person most qualified to testify fails to appear for examination or produce documents, the demanding party may move to compel attendance, testimony, and produ...

Excerpt: ...oduction of subpoenaed documents. The Court GRANTS Plaintiff's motion IN PART, as set forth below. Defendant shall produce a responsive PMK for deposition and responsive documents within 30 days of the issuance of this order. The responsive documents must in any event be produced by the date and time of the deposition. Background This is a Song-Beverly Act action. Plaintiff purchased a new vehicle (the “Subject Vehicle”) manufactured by Defen...

Excerpt: ...ir. Since December 14, 2022, Ford set Plaintiff's deposition six times. A year later, Plaintiff still has not appeared for his deposition. Despite Ford's multiple attempts to obtain this essential discovery, Plaintiff has failed to appear for his properly noticed deposition. On December 14, 2022, Ford sent Plaintiff a meet and confer requesting dates for Plaintiff's deposition. (Exhibit “A”; Declaration of Ravi K. Lally {“Lally Decl.”} ¿...

Excerpt: ...bian's Request to Continue Trial is DENIED. Defendant Galia Kassabian's Request for Monetary Sanctions is DENIED. Plaintiff LFT Holdings, LLC to give notice. REASONING Plaintiff LFT Holdings, LLC (“Plaintiff”) moves the Court for an order compelling Defendant Galia Kassabian (“Defendant”) to appear for her deposition in accordance with the deposition notices and continuances served on October 27, 2023, December 8, 2023, December 12, 2023,...

Excerpt: ...RTY: Defendant CarMax Auto Superstores, Inc. I. INTRODUCTION On April 20, 2023, Plaintiff, Giselle Maciel, filed a consumer arbitration demand against Defendant CarMax Auto Superstores, Inc. (“CarMax”) with JAMS. On July 26, 2023, JAMS issued to CarMax an invoice for payment of arbitration fees. Payment was requested by August 26, 2023. Plaintiff inquired whether CarMax had timely paid the invoice. On September 27, 2023, JAMS confirmed they h...

Excerpt: ...case. On September 2, 2022, plaintiffs Steve Sayegh and Marissa Martinez (collectively, Plaintiffs) filed this action against defendant Ford Motor Company (Defendant) and Does 1 through 20, alleging causes of action for breach of implied warranty of merchantability, breach of express warranty, and fraudulent concealment. On November 16, 2022, Defendant filed a motion to compel arbitration and stay proceedings. On March 14, 2023, Plaintiff opposed...

Excerpt: ...artment 76 may be sent by email to [email protected] or telephonically at 213-830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. Plaintiffs allege that a Tesla salesperson misrepresented that the 2023 Tesla Model Y would be equipped with parking sensors, but it was in fact, not. Defendant Tesla, Inc. moves to compel arbitration and to stay this actio...

Excerpt: ...aintiffs Perjad Saidian and Perjad Construction Inc. leased the car. Defendant Mercedes-Benz USA, LLC (“Mercedes-Benz”) issued a written warranty for the car. Plaintiffs claim the car was delivered with serious defects and non-comformities to warranty including defects to the engine, emission and electrical system defects. Plaintiffs signed a Motor Vehicle Lease Agreement (“Lease”) containing an arbitration provision. The provision states...

Excerpt: ...independent medical examination (IME) of Plaintiff. No opposition has been filed. Legal Standard “In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2) The examination is conducted at a loca...

Excerpt: ...artment 76 may be sent by email to [email protected] or telephonically at 213-830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendants failed to follow do not resuscitate orders (DNR Orders), and placed decedent Robert Henley on life support, such that Defendants prolonged decedent life which caused him an unwanted belabor...

Excerpt: ...ped on water and/or a similar substance on the floor causing him to slip and fall. Plaintiff further alleges that the slip and fall caused him to endure severe injury and pain. On May 24, 2021, Plaintiff filed his Complaint alleging two causes of action for Negligence and Premises Liability. On February 02, 2023, Defendant filed its Answer. The Court notes that the Answer states that Defendant is “OMG SPORTS II INC., dba Rockin' Jump Trampoline...

Excerpt: ... Farrell, alleging that she was a squatter. Defendant Darshad died while the UD actions were pending. Plaintiff Farrell ultimately obtained a favorable judgment in the UD actions. Plaintiff also alleges that Defendant Darshad assaulted and battered her during her tenancy, made derogatory and threatening statements to her and forced her to wear hijabs. Plaintiff alleges Darshad also locked her out of the leased property multiple times. On February...

Excerpt: ...w Honda Accord in 2022. He sues Honda for defects he is alleged to have experienced with the vehicle. The pleading alleges that the vehicle is equipped with a defective driver-assistance safety system. The Honda Sensing system, also called Collision Mitigation Braking System (CMBS), includes radar, cameras, and a computer system. The purpose of the CMBS is to avoid front- end collisions by detecting and computing things like vehicle speed and obj...

Excerpt: ...021 Subaru Crosstrek, VIN JF2GTAACXM9357581, license plate number 8XTA450 (“Vehicle”). Alternatively, Silverlake moves to vacate the order. 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 Alvarez commenced this proceeding on January 12, 2023 against Defendant Silverlake for an order releasing the Vehicle from a mechanic'...

Excerpt: ...laintiffs are former property inspectors allegedly employed by Defendants. Defendant Advanced Field Services, Inc., now moves for (1) relief from waiver of jury trial and (2) to sever four bellwether Plaintiffs' cases. Plaintiffs opposed both motions. Defendant did not file a reply to either motion. TENTATIVE RULING: Defendant AFS's Motion for Relief from Jury Waiver is DENIED. Defendant AFS's Motion to Sever is also DENIED. Plaintiffs to give no...

Excerpt: ...endant”) on its complaint (“Complaint”) on the grounds there are no triable issues of material fact and Plaintiff is entitled to judgment as a matter of law. (Notice of Motion, pg. 2; C.C.P. §437c.) Procedural Background On November 29, 2023, Plaintiff filed the operative unlawful detainer Complaint against Defendant. (See Complaint.) Defendant filed his answer to the Complaint on December 15, 2023. On January 19, 2024, Plaintiff filed the...

Excerpt: ...lement of the plaintiff's case, or . . . demonstrate[] that under no hypothesis is there a material issue of fact that requires the process of trial.” (Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 334.) To show that a plaintiff cannot establish an element of a cause of action, a defendant must make the initial showing “that the plaintiff does not possess, and cannot reasonably obtain, needed evidence.” (Aguilar v. Atlantic Richfield Co. ...

Excerpt: ...ilure to engage in the interactive process, wrongful discharge in violation of public policy, and failure to allow inspection of personnel files. On November 29, 2023, Plaintiff issued multiple deposition notices. On January 8, 2024, Defendant filed this motion for a protective order. LEGAL STANDARD “Before […] a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order....

Excerpt: ...nder on a loan secured by the property, sought to sell the property at a non-judicial foreclosure sale. Plaintiff Sunrise Projects, LLC (“Sunrise”) and Cross-Complainant Alvin Cox (“Cox”) each claim to be the highest bidder for the property under the provisions of a recently enacted statutory scheme which changes the procedures for certain non-judicial foreclosure sales as codified by the Legislature at Civil Code § 2924m. The property a...

Excerpt: ... LAUSD, but is otherwise denied. Moving parties to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. This is an employment action. On June 21, 2021, Plaintiff Danise Marler filed the operative Third Amended Complaint (“TAC”) for (1) FEHA discrimination, (2) FEHA harassment, (3) FEHA retaliation, (4) FEHA failure to accommodate, (...

Excerpt: ...ation of Angela A. Zanin 4. Declaration of Estee C. Natale 5. Request for Judicial Notice 6. Separate Statement of Undisputed Material Facts PLAINTIFFS' OPPOSITION PAPERS: 1. Opposition to Defendant's Motion for Summary Judgment/Adjudication; Memorandum of Points and Authorities 2. Declaration of Michael Hart 3. Compendium of Exhibits 4. Separate Statement of Undisputed Material Facts DEFENDANT'S REPLY PAPERS: 1. Reply to Plaintiff's Opposition t...

Excerpt: ...ended Complaint (“FAC”) against Defendants Taylor Machine Works Inc., Cal-Lift Inc., Titan International Inc., OTR Wheel Engineering Inc., Rimex USA, Global Mining Products Inc., Bridgestone Americas Inc., Pacific Maritime Association, American President Lines, CMA.CGM, EQT Infrastructure III, P5 Infrastructure LLC, Crane Certification Services Inc., Parkhouse Tire Inc., and DOES 1 through 100, inclusive. The FAC asserts the following causes ...

Excerpt: ...g Buskett, Trustee of the Gregg Buskett 2011 Revocable Trust dated July 28, 2011 RESPONDING PARTY: Plaintiff Shahrooz Abootalebi Motion for Summary Judgment or, in the Alternative, Summary Adjudication The court considered the moving, opposition, and reply papers filed in connection with this motion. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the part...

Excerpt: ...laintiffs”) purchased a 2017 Honda CR-V manufactured by Defendant American Honda Motor Co., Inc. (“Honda”). Plaintiffs allege the vehicle had electrical defects. They bring Song-Beverly violations for (1) breach of express warranty and (2) breach of implied warranty. Defendant Honda now moves for summary judgment, or in the alternative, summary adjudication. Plaintiffs opposed. TENTATIVE RULING: Defendant's Motion for Summary Judgment is GR...

Excerpt: ...P”) and Kevin Rodriguez (“Rodriguez”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND On March 29, 2021, Plaintiff filed a complaint (the “Complaint”) alleging: (1) unlawful harassment under the Fair Employment and Housing Act (“FEHA”); (2) FEHA race discrimination; (3) FEHA disability/medical condition discrimination; (4) FEHA age discr...

Excerpt: ...California v. Alfred Igbokwe Obichukwu, case no. LA096033 (Cal. Super. Ct. filed Dec. 21, 2021). Background On August 28, 2021, Plaintiff Maribel Greenidge (“Plaintiff”) and Alfred Igbokwe Obichukwu (“Defendant”) were involved in a motor vehicle collision. Plaintiff alleges she suffered property damage and bodily injuries as a result of the accident. Plaintiff further alleges that immediately after the motor vehicle collision described ab...

Excerpt: ...ction, but is otherwise denied. Moving party to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. This is an employment action. On December 30, 2020, Plaintiffs Geetha Sendhil and Carlo Giovanni filed the operative First Amended Complaint (“FAC”) against Defendant Regents of the University of California for (1) retaliation per La...

Excerpt: ...TION: 5 December 2023 REPLY: 22 December 2023 TENTATIVE: Defendant Hurtado's motion for summary judgment, or in the alternative, for summary adjudication is denied. Defendant to give notice. BACKGROUND On May 7, 2021, Shana Anglin, Christopher Dean Ebersole, and minors Elijiah Makar and Rozlynn Makar through their guardian ad litem Shana Anglin (collectively “Plaintiffs”) filed a Complaint against Patrice Loraine Burton, Alex Villanueva in hi...

Excerpt: ...ichfield Co. (2001) 25 Cal.4th 826, 843.) CCP Section 437c(c) “requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 11...

Excerpt: ...vy Chase Drive Glendale, CA 91205 Plaintiff states they served a 60-day Notice to Quit on Defendant on September 19, 2023, indicating Plaintiff's intent to substantially remodel the premises. (Keshishian Decl., Exh. 1.) Defendant now moves for summary judgment, arguing this matter was brought before the Court unlawfully. Defendant claims that Plaintiff did not comply with the notice requirements laid out under the Glendale Municipal Code. Plainti...

Excerpt: ...vy Chase Drive Glendale, CA 91205 Plaintiff states they served a 60-day Notice to Quit on Defendant on September 19, 2023, indicating Plaintiff's intent to substantially remodel the premises. (Keshishian Decl., Exh. 1.) Defendant now moves for summary judgment, arguing this matter was brought before the Court unlawfully. Defendant claims that Plaintiff did not comply with the notice requirements laid out under the Glendale Municipal Code. Plainti...

Excerpt: ...inalhori (“Einalhori”), and Harvest Trading Co., Inc., alleging causes of action for (1) Breach of Contract; (2) Fraud; and (3) Common Counts. This action arises out of an alleged oral agreement by Plaintiff to lend Einalhori and his Company, Harvest Trading Co. $802,495.47 in return for repayment of the full amount plus profits of the company split 50/50 between Einalhori and Plaintiff. Einalhori allegedly did not pay back $152,010.97 of the...

Excerpt: ...out of an auto accident on January 9, 2020. On May 10, 2023, plaintiffs Linda Marie Aversa, individually and as the successor-in-interest to the Estate of Jeremy Richard Olivas (Aversa) and Ricardo Olivas (Olivas) filed this action (Case Number 21STCV17487) against defendants Ford Motor Company, LTD, Will Tiesiera Ford, Inc., Kaj Wendall Faaborg (Faaborg), and Does 1 through 50, alleging causes of action for strict product liability, negligent pr...

Excerpt: ...Living Trust; Wendy Eisler, Individually and as trustee for the Eisler Family Living Trust; Eisler Investments; West End Properties; Robert Sundeen; Carole Sundeen; and Dustin Wells. BACKGROUND Unlawful Detainer Action On May 11, 2015, the Eisler Defendants to this action [1] filed an unlawful detainer complaint against Plaintiff Yazmin Ortiz (“Plaintiff”), case number 15R02431. (See Exhibits B and C to the Defendants' Feb. 6, 2020 Request fo...

Excerpt: ...nty) is GRANTED with 15 days' leave to amend. The Motion for Judgment on the Pleadings as to the second cause of action (breach of implied warranty) is DENIED. Background This case is a lemon law action filed by Plaintiff Thovmas Gabrielian against Defendant Mercedes- Benz U.S.A., LLC (“MBUSA”). On April 27, 2021, Plaintiff leased a 2021 Mercedes-Benz GLE63 (the “Subject Vehicle”) manufactured by MBUSA pursuant to a motor vehicle lease ag...

Excerpt: ...). On August 10, 2021, Laura filed her original complaint, alleging: (1) breach of fiduciary duties as to Goldberg; (2) intentional interference with marital relations as to both Defendants; and (3) intentional infliction of emotional distress (“IIED”) as to both Defendants. On April 19, 2022, Goldberg filed her cross-complaint against Laura, alleging the following causes of action against various cross-defendants: (1) assault; (2) battery; (...

Excerpt: ...ch was not successfully repaired following surgery well enough to return to MLB pitching form. Prior to the injury causing event, Plaintiff procured a ten million disability insurance policy from defendant Certain Underwriters at Lloyd's of London Subscribing to the Policy (Lloyd's). Plaintiff maintains the policy was procured and submitted by defendant International Specialty Insurance Services, Inc. (ISI), Nigro Karlin Segal & Feldstein, LLP an...

Excerpt: ...i”): In 2016, a deed transferred the subject property to Plaintiff and Defendants wherein each owned a 33% interest in the subject property as joint tenants. In 2020, a deed of trust (DOT) as recorded against the property listing all the parties as borrowers. Plaintiff moved out in 2021, and between 2016 to 2020, Plaintiff paid more than Plaintiff's fractional 33% share of the monthly mortgage expense. Plaintiff seeks partition of the property....

Excerpt: ...ROUND This is a lemon law action which arises from Plaintiff's lease of a 2020 Honda Accord. On December 21, 2022, Plaintiff filed a complaint against Defendant American Honda Motor Co. asserting causes of action for Violation of Song-Beverly Act and Fraudulent Inducement – Concealment. Plaintiff alleges their vehicle had a sensing defect, which Defendant knew about and concealed. Plaintiff filed a first amended complaint on April 17, 2023. [TE...

Excerpt: ...to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement.” (Code Civ. Proc. § 1281.2, subds. (a), (b)...

Excerpt: ...ce Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Feliciano Adame Lugardo (“Defendant Lugardo”) and Gregorio Beltran Miranda on December 27, 2018. On January 3, 2023, Plaintiff filed a copy of a settlement agreement with Defendant Lugardo with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.6. The Court dismissed the action pursuant to the stipula...

Excerpt: ...tted as Against Defendant, Addition Building & Design, Inc., and Request for Monetary Sanctions of $2,061.65 [CRS# 8366]; and Plaintiff Creditors Adjustment Bureau, Inc.'s Motion for Order That Matters Be Deemed Admitted as Against Defendant, Michael Ross aka Michael Edward Ross dba Green Build Design LA, and Request for Monetary Sanctions of $811.65 [CRS# 8979]. Background Pleadings On February 25, 2021, Plaintiff Creditors Adjustment Bureau, In...

Excerpt: ...ides, Inc. (“Bird Rides”), Midvale City, and Salt Lake County for injuries arising from an August 24, 2021 fall, wherein Plaintiff was riding a scooter at or near 920 Jordan River Blvd., Midvale, Utah 8404 when he struck an unattended electric scooter on the premises. Bird Rides moves to dismiss or stay the action on the grounds of forum non conveniens. Plaintiff opposes the motion, and Bird Rides filed a reply. The instant motion was initial...

Excerpt: ...dgment in favor of Defendants and Cross-Complainants California Physicians' Service dba Blue Shield of California and Blue Shield of California Life & Health Insurance Company (“Defendants”), following a non-jury trial that commenced on May 31, 2023 before the Honorable Alison Mackenzie. On July 17, 2023, the case was reassigned to the Honorable Michael E. Whitaker, who took over as the judicial officer in Department 207 of the Beverly Hills ...

Excerpt: ...ion and wrongful termination action. On May 5, 2023, Plaintiff, Lisa Pettinelli, filed a Complaint against Defendant, Regents of the University of California (erroneously sued as UCLA Health; UCLA Medical Center, Santa Monica; UCLA Stana Monica Medical Center; University of California). On July 25, 2023, Plaintiff filed the operative First Amended Complaint (“FAC”), alleging causes of action for (1) Retaliation in Violation of Labor Code, § ...

Excerpt: ...identiary Objections As the ruling on the objections does not affect the outcome in this matter, the objections are overruled. Introduction Defendants Arthur Minassian, as Special Administrator and Trustee (Arthur ), and Madelene Minassian (Madelene) (collectively, Defendants) moved to set aside their defaults in this action filed by Plaintiffs Aida Galstian Norhadian (Norhadian) and Seda Galstian Aghaian (Aghaian), as individuals and as trustees...

Excerpt: ...EY'S FEES AND $3,302.44 IN COSTS. PLAINTIFF TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, oppositions, and replies. A. Defendant Chol Enterprises Inc.'s Motion to Set Aside Judgment CCP § 473(b) provides, in pertinent part, “[t]he court may,...

Excerpt: ... BJD Services, LLC, Dawn Kuykendall, Jerilyn Rivetti Kuykendall, Brian McWilliams, Rodney Owens, Villa Patrician Home Owner's Association Inc., and Villa Patrician Home Owner's Association Inc. Motion to Strike Answer and Cross-Complaint The court considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court denies plaintiff Eduardo Luna's request for judicial notice, filed on May ...

Excerpt: ...the motion is too vague. The motion is denied without prejudice to objections at trial. Defendants' MIL No. 1 Defendant Conwed Corporation moves to exclude evidence of working conditions at its facility as irrelevant and unduly prejudicial because Plaintiffs were never employed at the facility. This motion is too vague. If “working conditions” refers to something like wage and hour violations, that would be irrelevant. However, if it refers t...

Excerpt: ...he FDA has designated talc in cosmetics as “generally regarded as safe” because, according to Plaintiff, there is no evidence the FDA ever made that designation. If an expert testifies that the FDA in fact has designated talc in cosmetics as “generally regarded as safe,” then Plaintiff can cross-examine the expert about the basis for that assertion. Plaintiffs also argue evidence of GRAS should be excluded because this is not a food case....

Excerpt: ...ocuments, electronically stored information, or other things before a court or at the taking of a deposition, the court, upon motion “reasonably made” by the party, the witness, or any consumer whose personal records are sought, or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms and condition...

Excerpt: ...rmining whether an agreement can be reached that resolves the objections to be raised in the motion to strike. (Code Civ. Proc., § 435.5.(a).) The meet and confer requirements have been met. (Balich Decl., ¶ 6; Davis Decl., ¶ 5.) Legal Standard Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Code Civ. Proc., § 435(b)(1).) The court may, upon a motion o...

Excerpt: ...relating to a cause of action for death or for injury to person . . . shall be presented . . . not later than six months after the accrual of the cause of action.” (Gov. Code § 911.2, subd. (a).) “When a claim that is required by Section 911.2 to be presented not later than six months after the accrual of the cause of action is not presented within that time, a written application may be made to the public entity for leave to present that cl...

Excerpt: ... of default judgment against Defendants Shigang Li, Moon Management Consulting, LLC, and Han International Group Inc., dba Han Realty is GRANTED, jointly and severally, in the reduced amount of $140,266.75, consisting of $139,811.75 in damages and $455.00 in costs. Plaintiffs to submit one proposed Judgment (Form JUD-100) reflecting the reduced amount and only as to Defendants Shigang Li, Moon Management Consulting, LLC, and Han International Gro...

Excerpt: ...e residential property at 1115 S. Sherboume, Los Angeles, CA 90035 (“Property”), by failing to rent for the years 2020, 2021, and 2022. Cross-Complainants filed a Cross-Complaint seeking damages against Cross-Defendants for allegedly untenantable and substandard conditions at the Property. Cross-Complainants also allege that Cross-Defendants are involved in improper debt collection activities. Cross- Complainants' causes of action are: 1) Bre...

Excerpt: ...”) filed this action against defendant Li Lin (“Defendant”) asserting causes of action for: (1) negligence, (2) breach of implied warranty of habitability, (3) negligent infliction of emotional distress (“NIED”), (4) breach of oral contract. (5) conversion. (6) constructive eviction, (7) damages for renting unpermitted unit (California Civil Code section 1924.4), and (8) quantum meruit for services. On December 11, 2023, Plaintiff filed...

Excerpt: ...rpleader action. Wells Fargo alleges that on March 8, 2022, defendant Xiaoye Zhang (“Zhang”) opened a deposit account at Wells Fargo ending with account number -6989 (“Account”). On January 9, 2023, $30,000 was wired from a deposit account held by defendant Shirley A. Miller (“Miller”) to Zhang's Account. Miller requested a recall of the Wire and claimed that it was procured by fraud. On January 10, 2023, Wells Fargo restrained Zhang'...