Excerpt: ...to amend an expert witness list if the court takes into account the extent to which the opposing party has relied on the list of expert witness, the opposing party is not prejudiced, a nd either the moving party would not have determined to call the expert in the exercise of reasonable diligence or the moving party failed to call the expert due to mistake, inadvertence surprise, or excusable neglect and then sought leave to amend promptly and ser...

Excerpt: ...ar by LACourtConnect rather than in person due to the COVID-19 pandemic. On December 6, 2023, Plaintiff Durant McLeod filed the operative Second Amended Complaint (“SAC”) against Defendants California Physicians Service, Arshad Haqib, and Sandra Griffin for (1) FEHA discrimination, (2) FEHA harassment, (3) FEHA retaliation, (4) FEHA failure to prevent discrimination, retaliation, and harassment, (5) whistleblower retaliation, (6) wrongful ter...

Excerpt: ...ce: OK Ruling: The Demurrer is overruled. The Motion to Strike is granted, without leave to amend. 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. The initial Complaint in this matter was filed on January 3, 2023, without a wrongful death claim. On August 22, 2023, Plaintiffs moved to file the First Amended Compla...

Excerpt: ...rtment 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 wage and hour violations and FEHA violations based upon Plaintiff's physical disabilities and request for accommodations. Defendant Darrel Benevuto and Defendant Chris Tanimoto demur to the First Amended ...

Excerpt: ...vant time of school attendance, with defendant Los Angeles Unified School District (LAUSD), alleges the school district failed to ever provide any “formal assessment,” and therefore nev er developed an Individualized Education Plan. On February 20, 2019, Plaintiff filed a complaint for Unruh Civil Rights Act, California Government Code section 11135, Intentional Infliction of Emotional Distress, Negligence, and Article I, Section 7(A) & Artic...

Excerpt: ...om a motor vehicle collision. Defendant now moves for terminating sanctions against Plaintiffto dismiss Plamtiffs action with prejudice for failing to serve verified discovety responses in compliance with the Courts November 27, 2023 and November 28, 2023 Orders. Defendant further requests monetary sanctions. Plaintiff is in pro per. Any opposition was due on or before March 7, 2024; none was filed. 11. MOTION FOR TERMINATING SANCTIONS 1. Legal S...

Excerpt: ...bing such meet and confer efforts at least nine (9) court days before the next scheduled hearing on the Demu rrer. BACKGROUN D This is a contractual fraud action. In October 2023, Defendant The Internet Auto Group, Inc. (IAG) advertised a 2021 Polestar 2 Launch Edition for sale online at a price of $31,930. Plaintiff Adam Dolce saw the advertisement for the vehicle and visited IAG . At IAG, a representative told Dolce that the cost of the vehicle...

Excerpt: ...iced. (Code Civ. Pro., §§ 430.30, et seq.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. ( See id . § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) 39 Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law...

Excerpt: ...H Sub I, LLC (“Defendant Internet Brands”) and Jenny Phan (“Phan”) (collectively, “Defendants”). The Complaint alleges causes of action f or (1) intentional misrepresentation; (2) recission; (3) declaratory relief; and (4) unfair competition under Business and Profession Code § 17200 et seq. On November 28, 2023, Defendant Phan filed a declaration with the Court stating that Plaintiff did not properly serve her with summons and compl...

Excerpt: ...underpaid for this medical care. Defendant now demurs to the first amended complaint. “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” ( Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) “This rule of liberal construction means that the reviewing court d...

Excerpt: ...ng Party: Plaintiff Robert Zuckerman Tentative Ruling: The Demurrer to the First Amended Complaint is sustained in its entirety. The motion to strike is moot. Plaintiff shall have leave to amend. This is a wrongful foreclosure action regarding real property located at 24756 Eilat Street, Woodland Hills, California (Property). The First Amended Complaint (FAC) alleges causes of action for (1.) wrongful foreclosure, (2.) violations of HBOR, (3.) ca...

Excerpt: ...vember 2023, December 2023 and January 2024 and is therefore subject to eviction. The commercial property is located at 10960 Wilshire Blvd, Suite 800, Los Angeles, California (the “Property”). This hearing is on Defendant WS Communities, LLC's demurrer to the Complaint. Defendant argues that (1) there is no contractual relationship between it and Plaintiff, and therefore, Plaintiff has no standing to sue; (2) the 3 day notice to pay rent or ...

Excerpt: ... action is overruled. SUMMARY OF ACTION On June 5, 2023, Plaintiff Juan Ayala (“Plaintiff”) initiated this action when he filed his Complaint against Defendants Pitchess Detention Cetner, County of Los Angeles, City of Los Angeles, State of California, Los Angeles County Sheriff's Department, an d Does 1 to 50, inclusive, asserting two causes of action for (1) General Negligence; and (2) Premises Liability. Plaintiff alleges on May 14, 2022, ...

Excerpt: ...cting in her capacity as a real estate agent workin g for defendants Arbid and Power Brokers, Inc. Defendants Power Brokers International, Beverly Hills Fine Homes and Arbid (collectively “PBI”) demur, as do defendants Rexford Flats, Rexford 52 and Mehrdad (collectively “Rexford”). Rexford also moves to strike special and punitive damages. Defendants PBI Demurrer Negligence The elements of a cause of action for negligence are (1) duty, (2...

Excerpt: ...ction against Defendant: broker negligence. On February 16, 2024, Defendant filed this demurrer. LEGAL STANDARD A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (¿¿ Blank v. Kirwan (1985) 39 Cal.3d 311, 318¿¿.) “¿To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action; each evid...

Excerpt: ...TS TO NOTICE. The Court considers the moving papers. No opposition papers were filed. BACKGROUND On January 26, 2022, Plaintiff Lawrence Harris sued “Defendant Staple Center.” The complaint arises from alleged harassment, but the allegations of the complaint do not identify any acts of harassment. On September 27, 2023, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendant Anschutz Entertainment Group, which mere...

Excerpt: ...emurrer is SUSTAINED as to the breach of contract claim WITH LEAVE TO AMEND and OVERRULED as to the negligent misrepresentation claim. The Court considered the moving, opposition, and reply papers. BACKGROUND On December 12, 2023, Plaintiff Alexander Vyborg (“Plaintiff”) filed a complaint against Defendant LBK Consulting, Inc. d/b/a Kreiss Home Furnishings (“Defendant”) for (1) Breach of Contract; and (2) Fraud and Deceit — Negligent Mi...

Excerpt: ...ed -use construction project called “Lumia Azusa II” in Azusa, California (the “Lumia Project”). On or about August 31, 2022, Sahara informed Heavy Metal that its rebar supplier could not supply further rebar in a timely manner. Heavy Metal offered to take over supplying the rebar needed for the Lumia Project at a price of 76 cents per pound including delivery, plus sales tax. Sahara agreed, so Heavy Metal ordered rebar from InteRebar Fab...

Excerpt: ... moot. Defendant Elena Talan (“Talan”) (“Defendant”) demurs to Plaintiff Brent Wing's (“Wing”) (“Plaintiff”) second amended complaint (“SAC”). (Notice of Demurrer, pgs. 1 -2; C.C.P. §§430.10(e), (f), 430.50(a).) Talan also moves to strike portions of the SAC. (Notice of MTS, pgs. 1 -4; C.C.P. §§435, 436.) Meet and Confer Before filing a demurrer, the demurring party must meet and confer in person, by telephone, or by video...

Excerpt: ...e 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...

Excerpt: ... (“Wilber”) and Alejandro Jose Guerrero (“Guerrero”). Plaintiff is the landlord and Defendants are the tenants of the certain real property located at 1186 S. Crocker Street, Los Angeles, California 90021 On May 31, 2022, the clerk of the court entered default as to Guerrero. On August 5, 2022, the court set aside the default against Guerrero. On May 25, 2023, the court granted Plaintiff's motion for summary adjudication on nine of twelve...

Excerpt: ...9 against a number of defendants, including The Ancient Temple ofWmgs ("ATW"). Plaintiff filed the operative Second Amended Complaint ("SAC") on November 17, 2020, alleging ten causes of action. On August 29, 2023, Jane Doe filed a Cross-Complaintin this action against inter alia, Plaintiff. The Cross-Complaint alleges nine causes of action. As noted in the Court's Januaty 6, 2023 Order in this matter, default was entered against ATW on November ...

Excerpt: ...provider who provided insurance coverage for Juan Cervera, Jr., the owner of a residential property in Claremont. After a tree fell onto Cervera's Claremont property in January 2022, IEAC made payments in excess of $100,000 to Cervera for the damages. IEAC alleges the tree that fell onto Cervera's property belonged to Defendant City of Claremo nt (the City). On February 6, 2023, IEAC filed a complaint against the City and Does 1 -10, alleging cau...

Excerpt: ...MF Pershing Square, LLC (“Plaintiff”) against Defendant Home Furniture International, LLC (“Defendant”) for possession of residential real property located at 448 S. Hill S treet, Suite 1101-1112, in Los Angeles (the “Property”). On February 21, 2024, Plaintiff filed a verified UD complaint against Defendant. On March 1, 2024, Defendant filed its answer to Plaintiff's UD complaint. On March 6, 2024, Plaintiff filed this motion for sum...

Excerpt: ...ke, or Alternatively, Tax Costs Moving Party: Judgment Debtors Dr. Leevil, LLC and D- Day Capital, LLC Resp. Party: Judgment Creditor Westlake Village Property, L.P. Judgment Creditor's Motion for Attorney's Fees is GRANTED in part. Fees and costs are AWARDED in favor of Judgment Creditor Westlake Village Property, L.P. and against Judgment Debtors D-Day Capital, LLC, Dr. Leevil, LLC, and Dr. Leevil SPE LLC, jointly and severally, in the total am...

Excerpt: ... against Defendant, Dr. Cardin. 2. Motion for Summary Judgment a. Standard on Summary Judgment Summary judgment is proper “if all the papers submitted 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.” (Code Civ. Proc. §437c(c).) Where a defendant seeks summary judgment or adjudication, he must show that either “one or more elements of the cause of action, even...

Excerpt: ... SSI Refrigerated Express, Inc. (“Plaintiff”) The Court has considered the moving, opposition and reply papers. BACKGROUND SSI alleges a single cause of action for negligence based on Plaintiff being provided hydraulic oil as opposed to what was ordered, i.e., motor oil, which resulted in damage to Plaintiff's semi fleet. The 55 gallon drum of hydraulic oil was mislabeled on t he outer top portion of the barrel as motor oil. The drum was then...

Excerpt: ... fire ignited at the subject property. Pl aintiff/Cross-Defendant seeks compensation for the resulting property damage and loss of rental income. Defendant/Cross -Complainant seeks compensation for abatement of rent on the grounds that Plaintiff/Cross -Defendant did not repair the subject property f ollowing the fire. Defendant/Cross -Complainant seeks summary adjudication of the breach of lease and constructive trust causes of action in its cros...

Excerpt: ...n for Summary Adjudication The court considered the moving, opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court rules on defendants Affeld Grivakes LLP and David Affeld's evidentiary objections, filed on March 15, 2024, as follows: The court sustains Objections Nos. 2 -5. The court overrules Objection No. 1. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to...

Excerpt: ...s Angeles World Airports ("LAWA") (collectively, "Defendants") for injuries arising from a trip and fall on Defendants' premises. The PAC alleges Plaintiff went to the premises to receive a Covid-19 vaccination shot, when she tripped and fell over an elevated surface mount for a vehicular traffic guidepost while crossing the parking area to the trailer. (FAC at 7. ) Plamtiff alleges the guidepost mount remamed in the direct path from the parking ...

Excerpt: ...tration proceeding and were awarded ownership of Borisoff's past and future royalties and attorney fees of $67,866.13. On October 3, 2013, Defendants petitioned the Court to confirm the award, which the Court did on January 15, 2014, with a final judgment entered on August 27, 2014. Borisoff appealed the judgment. The Court of Appeal reversed the judgment. On February 4, 2021, the Currency Corp (“Plaintiff”) was substituted as Borisoff's succ...

Excerpt: ...ose Baking Inc„ and Mehran Termechi for damages arising out of an automobile v. pedestrian accident At this time, AmGUARD Insurance Company ("AmGUARD") moves for leave to intervene in the case, contending that it is the commercial automobile insurer for Retail Baking LLC. AmGUARD argues it has a direct interest in the litigation due to the insurance policy issued to its insured, Retail Baking LLC, which is currently a suspended corporate entity...

Excerpt: ...st dated March 16, 1987”; R ICHARD L. NORLUND as Trustee of “Richard L. Norlund Separate Property Trust dated December 11, 1997”; RICHARD L. NORLUND and SHARON K. BACON - NORLUND, as Trustees of the “Norlund Family Trust dated May 13, 2019” and DOES 1 through 100, inclusive, Defendants . NANCY HYMAS, as Trustee for Trust A FBO NANCY HYMAS and Trust B FBO NANCY HYMAS, Nominal Defendants . ________ NANCY HYMAS, NANCY HYMAS, Trustee of Tru...

Excerpt: ...ties; (3) failure to reimburse business expenses, and violation of B usiness and Professions Code section 17200. On 2/20/2024, Plaintiff moved for leave to file a first amended complaint (FAC) Discussion Plaintiff seeks leave to amend to file a FAC. The proposed amendment would add factual allegations and causes of action related to (1) threats to hurt or kill Plaintiff and her family made by Defendant Chaudhari and Plaintiff's emotional distress...

Excerpt: ...e court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. Cross-complainant Kiewit is ordered to file its FACC within five days. BACKGROUND On January 28, 2022, plaintiffs Emily Perez and Joe Perez filed a wrongful death and survival action complaint against City of Los Angeles, CST Industries, Inc., CST Covers Industries, Inc., Kiewit Construction, Inc. for (1) dangerous condition of public property, (2) strict p...

Excerpt: ...DING PARTY: Plaintiff and Cross -Defendants Christopher Mitchell, Koi Pond, and Monty Dog (“Cross -Defendants”) The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiffs commenced this action on November 10, 2016. The operative Fourth Amended Complaint was filed on October 16, 2020, and alleges 10 causes of action arising from alleged wrongful actions in connection with investments in real estate ventures. On Dec...

Excerpt: ...st Defendants Georgina Capital, Inc. and Todd M. Smith (“Defendants”). Following Defendants' failure to file a res ponsive pleading, default judgment was entered in Plaintiff's favor on May 20, 2022. (Default Judgment 05/20/22.) The Court awarded Plaintiff attorney's fees with the judgment in the amount of $1,006.74. (Default Judgment, 05/20/22, p. 2:14 -15.) Plaintiff filed a motion to amend judgment on August 28, 2023, which the Court denie...

Excerpt: ...terrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust." This provision is also included in Code of Civil Procedure section 2031.300, subdivision (c), for an inspection demand. Code of Civil Procedure section 2030.290, subdivision (c), also provides: "If a party then fails to obey an order compelling answers, the court ...

Excerpt: ..., costs, and attorney fees is denied. Plaintiff Jose Sanchez sued Defendant Foundation Buildings Materials, LLC. The Complaint contains causes of action for (1) Disability discrimination in violation of the Federal Employment and Housing Act (FEHA), (2) Failure to accommodate in violation of t he FEHA, (3) Failure to engage in the interactive process in violation of the FEHA, and (4) Wrongful termination in violation of public policy. On October ...

Excerpt: ...�Gomez”), Fabricio Espinoza, and Gonzalo Espinoza for damages arising from an automobile collision. On December 12, 2023, Peter J. Gates, Esq. of Gates, Gonter, Guy, Proudfoot & Muench, LLP (“C ounsel”) filed an Answer to Plaintiff's complaint on behalf of Sampedro, Gomez, Fabricio Espinoza, and Gonzalo Espinoza. On December 28, 2023, Counsel filed the instant motion to strike and withdraw Answers filed on behalf of Sampedro and Gomez on th...

Excerpt: ...ptember 21, 2021, Burrell Construction, Inc. filed its Complaint against The Dream @Tamarind, LLC on causes of action arising from construction work and materials allegedly provided by Burrell Construction, Inc. for The Dream @Tamarind, LLC. On September 27, 2021, Burrell Construction, Inc. filed its Notice of Pending Action. On January 11, 2022, by request of Burrell Construction, Inc., the Clerk's Office dismissed without prejudice the doe defe...

Excerpt: ... Defendant's motion to tax costs is GRANTED in the amount of $757,251.09 and DENIED as to all other amounts. Background This case involves a motor vehicle accident. Plaintiffs Maynard Matthews and Tanis Matthews filed this action on March 29, 2019 against defendant Patrick Ryan, alleging causes of action for (1) Negligence; and (2) Loss of Consortium. The Complaint alleges that plaintiff Maynard Matthews was operating a 2014 Mercedes E 350 on Aug...

Excerpt: ...led his complaint in Los Angeles Superior Court on October 22, 2020. (Jacobsen Decl. ¶ 2, Ex. A.) The complaint alleges nine causes of action: assault, battery, intentional infliction of emotional distress, false arrest, false imprisonment, vio lations of Civil Code sections 51.7 and 52.1, negligence, negligent hiring, and negligent supervision. ( Id.) The complaint originally named ten defendants, consisting of two corporate entities and eight ...

Excerpt: ...ng causes of action for breach of contract, open book account, account stated, reasonable value, and breach of personal guarantee [sic]. On October 18, 2023, the Court denied without prejudice Plaintiff's request for entry of default judgment against Defendants. On November 7, 2023, Plaintiff dismissed Defendant Johnny Cornejo. On January 18, 2024, Plaintiff resubmitted the default judgment package. LEGAL STANDARD Code of Civil Procedure section ...

Excerpt: ...ppeal on May 28, 2014, which was dismissed on July 14, 2014. The judgment was renewed on October 27, 2023. Judgment Debtors filed the instant Motion to Vacate Renewal of Judgment on January 3, 2024. Judgment Creditor filed an opposition on March 6, 2024. Discussion A renewal of judgment can be vacated pursuant to Code of Civil Procedure section 683.170, which states in relevant part: (a) The renewal of a judgment pursuant to this article may be v...

Excerpt: ...pped and fell due to a black oily substance on the ground, sustaining injury. On August 01, 2023, Plaintiff filed her Complaint alleging three causes of action: (1) Premises Liability against Whispering Palms, HPN, Palmdale, and Palmdale Housing Authority; (2) General Negligence against Whispering Palms, HPN, Palmdale, Palmdale Hous ing Authority; and (3) Government Tort Liability (Cal. Gov. Code §§ 815.2, 815.4, 820, 835, and 840.2. On Februar...

Excerpt: ...fendants MICHELLE KIM (“Kim”); JOSEPH DINGLASAN, M.D MEEIN MEDICAL CORPORATION dba EBEN EZER MEDICAL CLINIC (“Clinic”) and Doe Defendants [1] : In July 2018, Kim performed a laser treatment on Plaintiff's face that caused permanent scarring and disfigurement. Plaintiff later learned that, despite representations, Kim was unlicensed and unqualified to perform the treatment. On March 2, 2020, Plaintiff filed suit alleging the following COAs...

Excerpt: ... defendants Diwan Transport, Inc., Baljit S Khinda, Narinder Singh, Sukhraj Singh (collectively, Defendants), and Does 1 through 10, alleging causes of action for breach of contract, claim and delivery, conversion, and money lent. On November 22, 2023, default was entered against Defendants. On February 15, 2024, Plaintiff filed a request for entry of defaul t judgment. LEGAL STANDARD Code of Civil Procedure section 585 permits entry of a default...

Excerpt: ...osting the required undertaking in the amount of $10,000.00 within 30 days. The Court sets an Order to Show Cause re: posting of the undertaking on April 17, 2024. The Court notes the OSC will be discharged if the undertaking is posted and the writ issued. Plaintiff's application for a writ of possession is DENIED without prejudice. SUMMARY OF ACTION This is a breach of contract action arising from an equipment financing agreement. On October 16,...

Excerpt: ...gal Standard Motions to strike are used to reach defects or objections to pleadings that are not challengeable by demurrer, such as words, phrases, and prayers for damages. ( See Code Civ Proc., §§ 435- 437.) A motion to strike can be made to strike irrelevant, false or improper matter inserted in any pleading or to strike any pleading or part thereof not drawn or filed in conformity with the laws of this state, a court rule or order of the cou...