Excerpt: ...d its Tentative Statement of Decision after evidentiary hearing on the motion for discovery sanctions and or for adverse inference determination based upon spoliation of evidence. The Court granted the motion in part and denied it in part. In granting the motion, the Court stated in relevant part: “The Court finds that Contestants are also entitled to monetary sanctions against Respondent. Contestants are the prevailing party on this motion. Re...

Excerpt: ... formed by Tim Davis in Idaho after Davis Brothers Construction, Inc. shut down. This Court found it instructive to examine the history of this case. On January 6, 2023, Defendants jointly filed a motion to compel arbitration, which Plaintiffs opposed. On February 28, 2023, the Court issued an 8 -page order granting Defendants' motion and ordering the parties to arbitrate their dispute. The parties subsequently paid their arbitration fees ($29,25...

Excerpt: ...nt Crop King Seeds (“CKS”), and Defendant Landra Deloach (“Deloach”). Plaintiff alleges that on March 25, 2021 at approximately 10:30 a.m., he was placing cannabis seeds in jars at the EDN factory and, while leaning over his work station, cupping a jar and seeds in both hands, he suddenly felt someone hit him on the right side of the face with great force. Pla intiff alleges that he was struck with such force that he fell into the left an...

Excerpt: ...of the pleading or via proper judicial notice. ( Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual b...

Excerpt: ... RICARDO NEWSOM, JESSICA ROMERO, ODILIA SIFONTES and TIFFANNE STRONG, Plaintiff, v. EQUITY RESIDENTIAL MANAGEMENT, LLC, TRANSUNION RENTAL SCREENING SOLUTIONS, INC. and DOES 1 through 10, Defendants. Case No.: 23STCV17235 Hearing Date: 4/19/24 Trial Date: N/A [TENTATIVE] RULING RE: Defendant TransUnion's Demurrer to the Second Cause of Action in Plaintiff's First Amended Complaint. I. Background A. Pleadings Plaintiffs—i.e., Jason Gunnels, Denae...

Excerpt: ...1791.1, 1794, 1795.5 ) 5. Fraudulent Inducement – Concealment 6. Negligent Repair ( not alleged against Ford Motor Company ) RULING : The demurrer is sustained with 30 days leave to amend. SUMMARY OF ACTION & PROCEDURAL HISTOR Y This action arises out of Plaintiff Maximilian Webb's (Plaintiff) purchase of a 2018 Ford F -150 (the Vehicle) on 1/14/19. Plaintiff alleges that “[d]efects and nonconformities to warranty manifested themselves within...

Excerpt: ...ND THIRD CAUSES OF ACTION IS SUSTAINED. THE DEMURRER TO THE FIRST AND FOURTH CAUSES OF ACTION IS OVERRULED. THE MOTION TO STRIKE IS GRANTED AS TO PUNITIVE DAMAGES ONLY. PLAINTIFFS TO FILE AND SERVE A SECOND AMENDED COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANT TO FILE AND SERVE A RESPONSE WITHIN 30 DAYS THEREAFTER. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] wi...

Excerpt: ...aintiffs Norman and Maisie Markland (Plaintiffs) allege that they entered into an agreement wherein Eunice Miller (Eunice) (Defendant Delory Miller's mother) and Defendant Delroy Miller agreed that the Plaintiffs would give Eunice the money for the down payment to purchase real property (a residential home) located at 1502 West 85th Street, Los Angeles, California (Property) and money for all expenses related to the property; in exchange, Defenda...

Excerpt: ...son (“Defendant”) and her two dogs were barreling down the sidewalk approaching Plaintiff. Plaintiff alleges that Defendant's Bernedoodle broke free from Defendant's grasp and lunged at Plaintiff's person, knocking her to the ground. Plaintiff alleges that as she fell to the ground, she attempted to break her fall by putting out her dominant hand to avoid more severe injury to her face or head and neck. Plaintiff alleges that she suffered a b...

Excerpt: ...havez (collectively, “Plaintiffs”) filed this action against defendants, Daniel Chan (“Chan”), Chanchenda Hou, Chanvachana Hou, Doe Attacker, and Does 1 to 20 for injuries arising from a shooting by Doe Attacker. Plaintiffs set collectively set forth three causes of action for: (1) general negligence against Chan, Chanchenda Hou and Chanvachana Hou, Doe Attacker, and Does 1 to 20, (2) intentional tort against Doe Attacker and Does 1 to 20...

Excerpt: ...rom a dispute between neighbors. Plaintiffs Robert and Barbara Brilliant own the real property located at 14131 Beresford Road (the “Brilliant Property”). Defendants Ted and Michele Kaplan (“Moving Defendants”) own the real property located at 14151 Beresford Road (the “Kaplan Property”) . Plaintiffs allege that certain palm trees on the Kaplan Property block their view and violate the Mulholland Estates Homeowners Association, Inc.'s...

Excerpt: ...TIONS ARE GRANTED IN PART AND DENIED IN PART. (SEE BELOW). DEFENDANTS TO SERVE FURTHER RESPONSES TO THE SUBJECT DISCOVERY WITHIN 30 DAYS OF NOTICE OF RULING. 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, replies, and sup...

Excerpt: ...No costs will be awarded at this time. SUMMARY OF ACTION Plaintiffs Marvin Ayala and Kathia Ayala (Plaintiffs) had sued Defendants Ford Motor Company and Galpin Ford (Defendants) for causes of action related to the Song -Beverly Act. On March 8, 2024, the parties settled the case for a total of $73,399.00. Defend ants made the offer to settle, and Plaintiffs accepted. The Settlement Agreement also provided for attorney fees and costs reasonably i...

Excerpt: ...on for Mandatory Sanctions for Material Breach of Arbitration Agreement The court considered the moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Plaintiff Rebecca Marshall (“Plaintiff”) moves the court for an order awarding monetary sanctions in favor of Plaintiff and against defendant College Hospital Inc. (“Defendant”) pursuant to Code of Civil Procedure sections 1281.98 and 1281.99 on the ground th...

Excerpt: ...rminating Sanctions Re: First Set Form Interrogatories to Defendant YiChun Tsai Respondent: NO OPPOSITION (Due 2/21) Plaintiff Ming -Hua Chiu's Motion for Evidence and Issue or Terminating Sanctions Re: First Set Special Interrogatories to Defendant America United Development, LLC Respondent: NO OPPOSITION (Due 2/21) Plaintiff Ming -Hua Chiu's Motion for Evidence and Issue or Terminating Sanctions Re: First Set Special Interrogatories to Defendan...

Excerpt: ...s Order Lifting Stay as to Entire Case FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Valerie Bradford filed this action on October 10, 2022, alleging that while plaintiff was in the care and custody of defendant Allcare Home Health Provider at its facility Allcare Home Health, having presented to the facility for examination, care and treatment for medical complaints and problems, including wound care for her right foot, defendant breached its dut...

Excerpt: ...e 1 School: In approximately 1977, when he was approximately ten (10) years of age, Plaintiff was sexually abused and assaulted on a regular basis for approximately one year by a teacher on premises of the school. The acts of sexual abuse included but “fondling Plaintiff's genitals, forcing Plaintiff to masturbate [the teacher], and forced oral copulation.” (First Amended Complaint ( FAC) p. 5.) Plaintiff reported the sexual abuse to the ...

Excerpt: ...eh, 1568 Blue Jay Way LLC, 6097 West Winding Way LLC, and 5849 Murphy Way LLC (“the Aryeh Parties”) filed their Cross -Complaint (“the Aryeh Cross -Complaint”) against Damavandi, Bar Design and Construction, Inc., Asher Joseph Alfasi , Archive Design Group, LLC, and Zoran Pevec. On August 27, 2021, Damavandi amended his Complaint to substitute Doe 1 with Sarah Emmi Tibstra, Doe 4 with Matthew George, Doe 5 with Cardinal -West Construction...

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: Rhonda and...

Excerpt: ...x. H FACTUAL BACKGROUND: Plaintiff Tracy Cui alleges that in September of 2020, plaintiff was operating a Snow Joe Electric 3 -in -1 Blower/Vacuum/Mulcher in a foreseeable manner while vacuuming up leaves in her yard, when, suddenly, her hair became sucked into hidden air intake val ves, causing her hair to be ripped out of her scalp as she struck her head against the subject product, knocking her unconscious. The complaint alleges that defendant...

Excerpt: ...t is guided by California Rules of Court, Rule 3.1308(a)(1) whereby notice 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....

Excerpt: ...t is guided by California Rules of Court, Rule 3.1308(a)(1) whereby notice 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....

Excerpt: ...t al. (Plaintiffs) filed their original complaint. Plaintiffs filed this action because they were fired from their jobs at Defendant Granada Hills Charter (Defendant). The parties are currently conducting discovery. Trial is currently set for November 4, 2024, after being delayed due to mediation. On March 4, 2024, Plaintiffs filed this motion for leave to file a fourth amended complaint (4AC). Plaintiffs seek to add one new cause of action to th...

Excerpt: ..., which is owned by Defendant PBM2, LLC (“PBM2”) and managed by Defendant P.A.C. Properties Management, LLC (“P.A.C.”). Plaintiff alleges that P.A.C. hired the property vendor Defendant Darmac Property Solutions, LLC (“Darmac”) to paint and repair Plaintiff's apartment unit related to water leaks in the living room, primary bedroom, and the office. He alleges that P.A.C. provided a key to his apartment to Darmac and allowed Darmac to ...

Excerpt: ... Angelo Fierro; Gelfand, Rennert, Feldman, LLP; and Michael Stern. The causes of action are for breach of contract and negligence. On November 30, 2023, Plaintiff filed its First Amended Complaint (FAC). On December 21, 2023, by request of Plaintiff, the Clerk's Office dismissed without prejudice Defendant Michael Stern from the FAC. On March 12, 2024, the Court granted the Motion for Determination of Good Faith Settlement filed by Defendants Com...