Excerpt: ...it, located at 13700 Marina Pointe Drive #1809, Marina del Rey, California (the “Property”). (Compl. ¶ 2.) Defendants Ben Sayani and Valeh Raissi are tenants of the Property. ( Id. ¶6.) Plaintiff and Defendants entered into a written lease agreement for the Property on May 3, 2016. ( Id. ) The lease was subsequently extended in 2017, 2018, 2019 and finally on January 31, 2020. ( Id. ) After the termination of the lease, on March 31, 2020, D...

Excerpt: ... then transferred to an independent calendar courtroom. (Minute Order, 09/23/20.) Proofs of service of the Summons and Complaint were filed in October 2021. From early 2022 to mid -2023, Defendants filed challenges to the pleadings, including the Second and Third Amended Complaints. On May 11, 2023, the Court sustained Defendants ' demurrer to the non- negligence causes of action without leave to amend and set an order to show cause why the actio...

Excerpt: ...aintiff Gertrud Jacoby (“Plaintiff”) was a resident at Defendant La Mirada Post Acute LLC's (“Defendant”) skilled nursing facility. On January 3, 2023, Plaintiff and Successor in Interest Brain Jacoby brought this action against Defendant alleging the following causes of action: (1) Elder Abuse and Neglect and (2) Violation of Residents' Rights, (3) Negligence, and (4) Wrongful Death. The Complaint alleges that Defendant's “consistent f...

Excerpt: ...laintiff's Requests for Production of Documents (“RFPs”), Set One, Request No. 17. TENTATIVE RULING: The unopposed motion is granted. Defendant to provide further code- compliant responses to Plaintiff's RFP No. 17 within 30 days. BACKGROUND This is a childhood sexual assault action in which Plaintiff alleges that in 1980, she was sexually assaulted, abused, and harassed by Doe defendant 1, Plaintiff's high school band and orchestra teacher, ...

Excerpt: ... through 100, inclusive, alleging causes of action for: (1) Premis es Liability; and (2) Negligence. Plaintiff alleges that on January 12, 2020, she suffered serious and life-altering injuries when she was involved in a trip -and- fall while at a building that was under construction being performed by Defendants. (Complaint, ¶ 1.) Plaintiff alleges that she was showing a prospective tenant a unit on the fourth floor when, while crossing a hallwa...

Excerpt: ...yable to Defendants within 30 days. Defendants to provide notice. DISCUSSION “Any party may obtain discovery . . . by propounding to any other party to the action written interrogatories to be answered under oath.” (Code Civ. Proc., § 2030.010(a).) If a propounding party is not satisfied with the response served by a responding par ty, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., § 2030.300; Sin...

Excerpt: ...nd no substantive or responsive documents. Plaintiffs requested and received a 30- day extension to complete these responses. No further responses were received. On February 23, 2024, Defendant provided another 7 -day extension to respond. No further responses were provided. On April 15, 2024, Defendant filed these Motions to Compel Further Responses to Form Interrogatories (Set One) from Plaintiffs. While Plaintiffs expressly do not oppose the m...

Excerpt: ...e r Tentative Rulings: (1) MTC is mostly Grante d (2) Request for Monetary Sanctions is granted in a lowered amount . (3) Demurrer SUSTAINED without leave to amend. I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On November 1, 2022, Plaintiff, Reza Abolahrar (“Plaintiff”) filed a Complaint against Defendants, PNC Bank, National Association, Joshua Wolfson a/k/a Josh Wolfson d/b/a Executive Funding Solutions, and DOES 1 through 20. On April 27, 20...

Excerpt: ...on for an Order to Compel Defendant Rochelle H. Sterling to Produce Documents, Records and Other Material at Deposition is DENIED without prejudice. BACKGROUND On October 23, 2019, Plaintiff Shahnaz Amirtalesh (“Plaintiff”) filed this action against Defendants Rochelle H. Sterling (“Sterling”), Beverly Hills Properties (“BHP”), The Sterling Family Trust, Susan Robman and Does 1 -50 (collectively, “Defendants”). This action arises ...

Excerpt: ...for Sanctions is GRANTED in part. Big Bus is ORDERED to produce all non -privileged document responses to Starline's RPD Nos. 28– 30, 33 –36, 38, and 44 –45 within seven days of the issuance of this Order. Any documents withheld on the basis of privilege must be noted with a privilege log, pursuant to Code of Civil Procedure section 2031.240. Big Bus is ORDERED to produce a production log, or otherwise sufficiently identify the documents pr...

Excerpt: ...024. BACKGROUND This action arises out of a dispute over the enforcement of a money judgment. The currently operative fourth amended complaint (the “4AC”) alleges: (1) statutory voidable transfers; and (2) common law voidable transfers. Plaintiff filed the Motion to Continue Trial (the “Motion”) currently before the Court on April 17, 2024. The Court advanced the hearing date on the Motion from July 1, 2024 to May 14, 2024 on April 22, 20...

Excerpt: ...e 5, 2020, Consumer Advocacy Group, Inc. filed this action against Pegasus Trucking, LLC dba Fallas Discount Stores (“Pegasus”), alleging violations of Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986 . On March 12, 2021, Pegasus filed a Cross -Complaint against a number of Cross -Defendants, including Sacha Handbags, Inc. and Yoki Fashion, Inc. Pegasus filed the operative First Amended Cross -Complaint (“FACC”) o...

Excerpt: ...ing from an automobile collision. On October 9, 2023, Plaintiff filed a Notice of Settlement of Entire Case providing the parties entered into a conditional settlement upon receipt of settlement funds. Plaintiff now moves for an order to enforce settlement agreement pursuant to CCP § 664.6. Defendant opposes the motion, and Plaintiff filed a reply. At the April 30, 2024 hearing on this matter, after hearing oral argument, the Court agreed to tak...

Excerpt: ...sition to Hajoca's demurrer and motion to strike no later than May 29, 2024. Hajoca may file a reply no later than June 4, 2024. Moving party to provide notice. FACTUAL BACKGROUND This motion pertains to a Cross -Complainant filed by Goodson Real Estate Co. (GRE) and HIMR Normandie JV, LLC (HIMR) against Cross -Defendants Express Remodeling & Plumbing Inc. (Express), Jacom Mullem, The North River Insurance Company (North River), Hudso n Insurance...

Excerpt: ... LLC is DENIED. FA9's PMK is ordered to appear for deposition within 30 days. Counsel are to meet and confer regarding a mutually agreeable date within the next 30 days. The motion for a protective order is GRANTED. Moving party to give notice. FACTUAL BACKGROUND This is a breach of contract action. The Complaint alleges as follows: On July 18, 2019, Plaintiff and Defendants entered into a written loan agreement for $60,000.00, interest free. (Co...

Excerpt: ...RANTED. Defendant Fred Gsell RJN is GRANTED. REASONING “California's long -arm statute authorizes California courts to exercise jurisdiction on any basis not inconsistent with the Constitution of the United States or the Constitution of California. A state court's assertion of personal jurisdiction over a nonresident defendant who has not been served with process within the state comports with the requirements of the due process clause ...

Excerpt: ...e ground of lack of jurisdiction of the court over him. Defendant Jean- Pierre Murray (“Defendant”) moves to quash service of the summons and complaint upon him on the ground that Plaintiffs Richard N. Husky and Kevan J. Husky (“Plaintiffs”) did not serve Defendant by substituted service, nor was posting and mailing service proper here. Notably, “[w]hen a defendant challenges the co urt's personal jurisdiction on the ground of improper ...

Excerpt: ... FACTS AND/OR PROCEEDINGS: This is an action for breach of contract stemming from a commercial banking agreement. Plaintiff moves to quash a series of third- party subpoenas for business records propounded to various financial institutions by Defendant. TENTATIVE RULING: Plaintiff's Motion to Quash Third -Party Subpoenas for Business Records is GRANTED. This ruling is conditioned on payment of $300 in filing fees within 10 days of this order. DIS...

Excerpt: ...ct, unjust enrichment/quantum meruit, and breach of guaran ty agreement. On January 12, 2024, Plaintiff filed Judicial Council Form POS- 010, Proof of Service of Summons as to Defendant Slauson Gas Station Inc. On January 29, 2024, Plaintiff filed Judicial Council Form POS- 010, Proof of Service of Summons as to Defendant Hooman M. Nissani. On March 28, 2024, Specially-Appearing Defendant Hooman Nissani filed his Motion to Quash Summons. Speciall...

Excerpt: ... within 5 court days. Defendants to give notice. The complaint was filed on April 10, 2023, by Plaintiffs Robert W. Harrold and Maureen M. Harrold against Defendants Enzo Enterprises, Smooth Sailing Consultants GP, and Darius Rutledge alleging (1) Fraud/Deceit; (2) Financial Elder Abuse; (3) Quiet Title; (4) Cancellation of Instruments; (5) Declaratory Relief; (6) Slander of Title; and (7) Unjust Enrichment. On April 11, 2023, Plaintiffs filed an...

Excerpt: ... proof of service of the complaint, summons, and statement of damages on Defendant Fernando Gutierrez Jr. (“Defendant”) showing he was personally served on August 3, 2021. On October 18, 2021, default was entered against Defendant. On November 16, 2022, the Court granted default judgment against Defendant for $586,161.10 in damages and $574.10 in costs. Defendant now moves to set aside the default and default judgment under Code of Civil Proc...

Excerpt: ...Scot L. Bennett's Motion to Set Aside the Dismissal Entered on December 5, 2023 as to Defendants John Koutsoukos and "Jane Doe" Koutsoukos, and to Deem the 5-Year Dismissal Statute Tolled is CONTINUED to June 13, 2024 at 10:00 a.m. in Department 25 of the Spring Street Courthouse. Plaintiff Scot L. Bennett is ordered to serve his moving papers on the defendants, file a supplemental declaration attaching the missing exhibits, and give noti...

Excerpt: ...ntiff was granted on January 24, 2023. Plaintiff was ordered to serve verified responses, without objections, to discovery within 30 days of the Court's orders. (Min. Order, 1/24/23, 1/25/23.) On April 7, 2023, after Plaintiff failed to serve responses, the Court granted a motion for terminating sanctions and dismissed the complaint without prejudice. (Min. Order, 4/7/23.) Plaintiff failed to file an op position to the motion. On October 5, 2023,...

Excerpt: ... Portions of Plaintiff's Complaint is granted with 20 days leave to amend. Background Plaintiff's Complaint was filed on December 12, 2023. Plaintiff was involved in a motor vehicle accident with Defendants. Meet and Confer Defendants set forth a meet and confer declaration in sufficient compliance with CCP § 435.5. (Decl., William E. Jemmott, ¶¶ 1-5.) Motion to Strike The court may, upon a motion, or at any time in its discretion, and upon te...

Excerpt: ...ve Rulings: (1) DENIED (2) DENIED. I. BACKGROUND A. Factual This case originates from a Complaint filed by Plaintiff, Jiali Yan (“Plaintiff”) against Defendants, Michael Antony Forbes dba Forbes Estates, LLC, and DOES 1 through 10. The Complaint alleges a cause of action for: (1) Fraud. A non -jury trial took place in this case between March 15, 2023 and March 17, 2023. A Statement of Decision was filed on April 18, 2023. The Court found that...