Excerpt: ... sued as Anieze Smith Queen). Defendant, in propria persona, filed the inst ant Demurrer to the Complaint on February 20, 2024. No opposition has been filed to date. Discussion Plaintiff alleges she met Defendant through church and Defendant introduced herself as a car dealer. (Compl., p. 2.) Plaintiff stated she needed a reliable car and Defendant promised to get Plaintiff a good vehicle. ( Ibid.) Plaintiff paid Defendant $9,750.00 for a 2015 Ho...

Excerpt: ... tentative decision . A. Statement of the Cas e 1. Complaint Plaintiff Feldman �iled her Complaint on October 24, 2023 against Defendants Sawyer, dba MAS Financing, Gaelen Patrick Whittemore, aka Ben Whittemore (“Gaelen”), Sonja Domino Powell, aka Sonja Domino Whittemore, aka Domino Whittemore (“Domino”) (collective ly, Gaelen and Domino are referred to as the “Whittemores”), and the DND Family Trust (“DND”). The Complaint alleg...

Excerpt: ...e Los Angeles Superior Court govern the assignment of cases between its districts and departments. (Code Civ. Proc. § 402.) LASC Local Rule 2.3(b)(2) authorizes Department 1 to transfer civil cases from one judicial district to another via a noticed motion on three enumerated grounds: (1) when the case was filed in an improper district; (2) for the convenience of witnesses; or (3) to promote the ends of justice . (LASC Local Rule 2.3(b)(2).) A t...

Excerpt: ...KGROUND This is a breach of contract action. On November 1, 2023, plaintiff Ally Bank (Plaintiff) filed this action against defendant Xiangkai Hu (Defendant) and Does 1 through 10, alleging causes of action for claim and delivery of personal property and for money on a contract. On January 2, 2024, Plaintiff applied for a writ of possession. The application is unopposed. LEGAL STANDARD (a) Except as otherwise provided in this section, no writ sha...

Excerpt: ... Leal Juan was employed there as a line cook from January 2022 to September 2023. Plaintiff claims he requested medical leave for an alleged disability as well as complained about health and safety issues. In response, Defendant terminated him on September 7, 2023. The operative first amended complaint (“FAC”) alleges eleven claims for (1) disability discrimination, (2) failure to accommodate, (3) failure to engage in an interactive process, ...

Excerpt: ...endant wro ngfully refused to authorize a needed surgery for Plaintiff based on surgery guidelines that were biased and financially-driven. On March 1, 2024, Plaintiff filed the instant motion to compel further responses to her requests for production. Defendant filed a late opposition on March 15, 2024. Plaintiff filed her reply on March 20, 2024. The Court does not find Defendant's late opposition to be prejudicial and proceeds on the merits. L...

Excerpt: ... Pacoima Plaza Shopping Center, LLC's Request for Production of Documents, Set 1. Additionally, Pacoima Plaza requests an award of sanctions against Plaintiff and her counsel in the amount of $1,815.00. RULING : The request to compel Plaintiff to provide further responses to Requests for Production of Documents, Set 1, is granted. Further responses are due within 30 days. The request for sanctions is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY ...

Excerpt: ...rs LLC (“Defendant”) on April 11, 2023. On September 26, 2023, Plaintiff served 56 requests for production, 5 of which are at issue here. (Liu Decl., Ex. 7). On the same day, Plaintiff propounded discovery requests, Plaintiff sent a meet -and-confer letter regarding Electronically Stored Information (“ESI”). GM served Plaintiff with full and complete responses to Plaintiff's Requests for Production on October 25, 2023. (Liu Decl., Ex. 8 a...

Excerpt: ...y Insurance Company and California Automobile Insurance Company Resp. Party: None The Motions to Compel Deposition are GRANTED. Plaintiffs shall make themselves available for deposition within fifteen (15) days of the issuance of this Order. Monetary sanctions are AWARDED in favor of Moving Defendants and against Plaintiffs and Plaintiffs' Counsel, jointly and severally, in the total amount of $915.00. BACKGROUND: On October 3, 2022, Plaintiffs E...

Excerpt: ...aintiff's request for monetary sanctions in the reduced amount of $1,060.00. Seidner and its counsel must pay said monetary sanctions to counsel for Plaintiff within 30 days of the Court's order. Plaintiff is ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND This is a products liability action. On November 15, 2022, plaintiff Sophia Soli (Plaintiff) filed this action against defendants Polaris Indust...

Excerpt: ...s 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 a habitability matter. Defendants 3J1M LLC, Ironwood Velvet LLC, and Aperto Property Management Inc. seek to compel the depositions of Plaintiffs Dawnielle Desensi, Shyann Redmond, and Alexis Redmond. Counsel for Plaintiffs, Suzanne E. Rand- Lewis, without citing any real...

Excerpt: ...riffith Company and its counsel, Alex M. Chazen, on its motion to compel compliance is granted in the reduced amount of $1,485.00, payable within 15 days. Defendant ABP Parcel 6, LLC's motion to compel further responses from Plaintiff Griffith Company to Defendant's Request for Admissions (Set Two) is granted. Plaintiff is ordered to provide Code-compliant responses without objections within 15 days. Defendant ABP Parcel 6, LLC's request for sanc...

Excerpt: ...ionwide Environmental Services moves to compel compliance with a deposition subpoena of business records served on non- party Shin Imaging Center. Defendant also seeks sanctions. Legal Standard A deposition subpoena for business records directs a nonparty's “custodian of records” to deliver a copy of the requested documents to a “deposition officer” or to make the original documents available to the subpoenaing party for inspection an...

Excerpt: ...gs Pending Arbitration The Court has considered the moving, opposition, and reply papers. The motion is GRANTED. Background This is an action arising from Plaintiff Bianca Villalpando (“Plaintiff”) being wrongfully terminated and subject to discriminatory actions during her employment with Defendant Nationstar Mortgage LLC (“Nationstar”). On October 31, 2023, Plaintiff filed a Complaint against Defendants Nationstar, Jennifer Ruiz, Elizab...

Excerpt: ...atanian ordered a new 2022 Tesla Model Y from Tesla, Inc. pursuant to a motor vehicle order agreement (“MVOA”). (Ex. 1 to Kim Decl.) Plaintiff could not have placed the order without agreeing to the terms and conditions of the MVOA. (Kim Decl. ¶¶ 3 -4.) The MVOA contains an arbitration provision which states that “you [Plaintiff] agree that any dispute arising out of or relating to any aspect of the relationship between you [Plaintiff] an...

Excerpt: ...t for Production, Set One Moving Party: Mira Jeon Kim Resp. Party: None The MJOP is DENIED without prejudice. The FROGs Motion, the SROGs Motion, and the RPDs Motion are GRANTED in part. Jan Bidasha shall serve responses to the discovery propounded, without objections, within thirty (30) days of the issuance of this Order. The Requests for Monetary Sanctions are DENIED. BACKGROUND: On December 29, 2021, Jan Bidasha filed her Verified Complaint ag...

Excerpt: ...Plaintiff Brenda Vela's (Plaintiff) purchase of an allegedly defective 2021 Jeep Compass. On February 28, 2023, Plaintiff filed a Complaint against Defendant FCA US LLC (Defendant) and DOES 1 through 10, inclusive, alleging causes o f action for: (1) violation of the Song-Beverly Act — breach of express warranty and (2) violation of the Song -Beverly Act —breach of implied warranty. On April 3, 2023, Defendant filed an Answer to the Complaint...

Excerpt: ...Complaint is DISMISSED with prejudice against Defendant Redwood Fire and Casualty Insurance Company. On July 20, 2022, Plaintiffs Ghazar Shabazyan and Gold Point Towing Inc. (Plaintiffs) filed suit against Defendants Berkshire Hathaway Homestate Insurance Company (Berkshire), Redwood Fire and Casualty Insurance Company (Redwood), Coverhound LLC dba Coverhound Insurance Solutions (Coverhound), and DOES 1 - 50 (collectively, Defendants) alleging: (...

Excerpt: ...Y JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION This is a discrimination, retaliation, and wrongful termination case. On April 29, 2021, Plaintiff, Carlos Chavez, filed a Complaint against Defendants, Schlumberger Technology Corporation and Timothy Ramey, alleging causes of action for (1) Interference with Right to Medical Leave under the California Family Rights Act, (2) Retaliation for Taking Medical Leave under the California Family Ri...

Excerpt: ...NT. RESPONDENT IS TO FILE AND SERVE AN ANSWER TO THAT PLEADING PER THE TIME REQUIREMENTS OF THE CODE OF CIVIL PROCEDURE. ANALYSIS: On October 26, 2022, Petitioner Velma Butler (“Petitioner”) filed the instant Appeal of Labor Commissioner Award against Respondent AFT College Staff Guild Local 1521A (“Respondent”). The Petition is brought pursuant to Cal. Labor Code section 98.2 and was originally assigned to an unlimited jurisdiction court...

Excerpt: ... papers. BACKGROUND This action was initiated on February 4, 2022, and arises out of a landlord/tenant relationship. The currently operative first amended complaint (the “FAC”) alleges: (1) violation of the California Unfair Competition Law (“UCL”); (2) violation of the California Consumer Legal Remedies Act (“CLRA”); and (3) conversion. In relevant part, the FAC alleges: Plaintiff entered into a lease agreement (the “Lease Agreemen...

Excerpt: ...e burden shifts to the plaintiff to show a triable issue of at least one material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849.) Courts use a three-step analysis: “(1) identify the issues framed by the pleadings; (2) determine whether the moving party has negated the opponent's claims; and (3) determine whether the opposition has demonstrated the existence of a triable, material fac tual issue.” (Hinesley v. Oakshade To...

Excerpt: ...vide Accurate Wage Statements, (7) Labor Code Section 558, (8) Unlawful Business Practices, (9) PAGA, (10) Wrongful Retaliation In Violation of Labor Code Section 6310, (11) Wrongful Termination in Violation of Labor Code Section 6409.6, (12) FEHA Re taliation, (13) Wrongful Termination, and (14) Defamation against Defendants Darrell Gene Brooke (“Darrell”), The Brooke Law Group, PC (“Firm”), Michele Brooke (“Michele”), and DOES 1 -20...

Excerpt: ...OUND On January 10, 2022, Plaintiff Berj Parseghian (“Plaintiff”) filed a complaint for injunctive relief and civil penalties against Defendant Whole Foods Market (“Defendant”) for violation of Proposition 65, Health & Safety Code section 25249.6. [1] On January 22, 2024, Plaintiff filed the instant motion for entry of stipulated consent judgment. DISCUSSION Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, prohib...

Excerpt: ...on he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy which is the subject of the cause brought against him.” (CCP § 428.10(b).)...

Excerpt: ...ving 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. On February 7, 2023, a jury entered verdicts in favor of Plaintiffs DONE! Ventures, LLC (“Done!”) and Coastal Laundromat, Inc. (“Coastal”), and against Defendants Jerry Jamgotchian, El Segundo Plaza Associates L.P. (“ESPA”), and Theta Holding IV, Inc. (“T...

Excerpt: ...37- 60, and 70. The Motion is denied as to RPD Nos. 1, 14, 15, and 16. Background - Procedural History On June 14, 2023, LWL Co., Inc., (Plaintiff) filed a Complaint against Ford Motor Company (Defendant) for two causes of action: (1) Breach of Implied Warranty of Merchantability under the Song -Beverly Act and (2) Breach of Express Warranty under the Song -Beverly Act. After Plaintiff propounded Requests for Production on October 2, 2023, respon...

Excerpt: ... Plaintiff KZ International, LLC SERVICE: Filed December 18, 2023 OPPOSITION: Filed March 14, 2024 REPLY: Filed March 20, 2024 RELIEF REQUESTED Defendant moves for an order compelling Plaintiff to provide further responses to his requests for the production of documents, form interrogatories, and special interrogatories. BACKGROUND This case arises out of Plaintiff KZ International, LLC's (“Plaintiff”) claim that Defendant Armen E. Babayan so...

Excerpt: ...e of the John Richard Jackson and Sharon Elaine Jackson Revocable Inter -Vivos Trust; and DOES 1 - 10, Defendants . Case No.: 24STCV00917 Hearing Date: 3/7/24 Trial Date: N/A [TENTATIVE] RULING RE: Plaintiff Cetera Advisor Networks LLC's Motion to File Portions of Cetera Advisor Networks LLC's Complaint in Interpleader Under Seal. Court Order I. Background A. Pleadings Plaintiff Cetera Advisor Networks LLC sues Defendants Kimberly Tuminello, in h...

Excerpt: ...and Mark Piesner T/R : CROSS -DEFENDANT CHAD DARLING'S SPECIAL MOTON TO STRIKE IS DENIED. CROSS- DEFENDANT CHAD DARLING 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 reply. BACKGROUND This action arises from alleged legal mal...

Excerpt: ...n December 28, 2018, near the intersec tion of Ventura Boulevard and Sepulveda Boulevard in Sherman Oaks. Defendant filed her answer on March 14, 2022. On May 3, 2022, Defendant served Plaintiff with discovery, including Form Interrogatories (Set One). (Castronovo Decl., ¶ 4 & Exh. A.) On July 19, 2022, Plaintiff served objections and unverified responses. (Id., ¶ 6; Exh. B.) Approximately 18 months later, Defendant followed up with Plaintiff, ...

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

Excerpt: ...(b).) A motion for discretionary relief must be made “within a reasonable time but in no instance exceeding six months after the judgment, dismissal, order, or proceeding was taken.” (Id.) If discretionary relief is granted, th e court may in its discretion order the moving party to pay the costs, including attorney fees, incurred in obtaining the default. (Rogalski v. Nabers Cadillac (1992) 11 Cal.App.4th 816, 823; Vanderkous v. Conley (2010...

Excerpt: ...rres) alleges that he purchased a 2019 Chevrolet Silverado 1500, VIN # 1GCPYCEF9KZ421901 in August of 2019. He alleges various issues with the vehicle including: (1) defective tire pressure monitoring system, (2) defective display system, (3) defective audio system, (4) defective engine system; and (5) Defective electrical system. He sues the manufacturer of the vehicle, General Motors LLC (GM). The matter was resolved by way of settlement; the p...

Excerpt: ...hnso n TRIAL DATE : None Se t. MOTION: (1) Motion to Strik e Tentative Rulings: (1) GRANTED I. BACKGROUN D A. Factual On November 27, 2023, Plaintiff, Leorna Shevorn a Johnson filed a Complaint against Defendants, Herbert H. Buehler, an individual and Trustee of the Buehler Family Trust dat ed February 6, 2015, Rosemarie Buehler, an Individual and Trustee of the Rosemarie Buehler Family Trust dated April 9, 2022, and Lois Brown, and DOES 1 throug...

Excerpt: ... permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendant Los Angeles County Metropolitan Transportation Authority to give notice. REASONING Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”) moves to strike the words “negligently, carelessly, managed and maintained” at paragraph 9 in Plaintiffs Eduard Cacares and Jennri Melendez (“Plaintiffs”)'s complaint. Defe...

Excerpt: ...lege as follows: Plaintiffs are the parents of Evelin Guadalupe Salas Melgoza (“Evelin”), who died in an April 27, 2022 motor vehicle collision on the I -10 eastbound freeway. On June 15, 2023, Plaintiffs filed a complaint, asserting causes of action against Defendants Noe Leonel Manzanarez (“Manzanarez”), Luz Hernandez (“Hernandez”) and Dos 1 -50 for: 1. Negligence 2. Negligent Entrustment 3. Negligence A Case Management Conference i...

Excerpt: ...ffrey Kai (“Defendants”) for damages arising from an automobile collision.¿ Defendants now move for an order requiring Plaintiff to post an undertaking in the sum of $100,000 pursuant to CCP § 1030. Plaintiff opposes the motion. As of March 20, 2024, no reply has been filed. II. MOTION TO REQUIRE PLAINTIFF TO FILE AN UNDERTAKING 1. Legal Standard In an action or special proceeding brought by a nonresident plaintiff, the defendant may at any...

Excerpt: ...jointly, Defendants) for their allegedly false depiction of Plaintiff in the film entitled, “No Limit” (Film). On November 21, 2023, Defendants filed a Special Motion to Strike the Complaint pursuant to Code of Civil Procedure section 425.16 (Anti -SLAPP Motion). Thereafter, Plaintiff moved for leave to conduct discovery on Defendant's Anti -SLAPP Motion. The Court denied the motion. On March 7, 2024, Defendant Netflix filed a motion seeking ...

Excerpt: ... One is GRANTED. No sanctions. Moving Party to give NOTICE. The motion is unopposed as of March 27, 2024. This is a Song- Beverly action. Meet and Confer The motion shall be accompanied by a meet and confer declaration. (Code Civ. Proc., § 2031.310, subd. (b)(2).) The Court finds Plaintiffs adequately met and conferred. (Decl. Lopez, ¶¶ 5- 6, Ex. C.) Timeliness Notice of the motion to compel further must be provided within 45 days of service o...

Excerpt: ...plaint against Roes 1 through 100 for (1) implied indemnity, (2) contribution, and (3) declaratory relief. On March 1, 2024, Defendant filed this motion to continue trial. No opposition has been filed. Legal Standard Code Civ. Proc. § 128(a)(8) provides that the court has the power to amend and control its process and orders so as to make them conform to law and justice. “The power to determine when a continuance should be granted is within th...

Excerpt: ...5, 2020. Defendants filed their answer on October 5, 2022. On March 1, 2024, Defendants filed this motion to continue trial. No opposition has been filed. Legal Standard Code Civ. Proc. § 128(a)(8) provides that the court has the power to amend and control its process and orders so as to make them conform to law and justice. “The power to determine when a continuance should be granted is within the discretion of the trial court.” (Color -Vue...

Excerpt: ... On February 8, 2024, Defendant filed this motion to continue trial. No opposition has been filed. Legal Standard Code Civ. Proc. § 128(a)(8) provides that the court has the power to amend and control its process and orders so as to make them conform to law and justice. “The power to determine when a continuance should be granted is within the discretion of the trial court.” (Color-Vue, Inc. v. Abrams (1996) 44 Cal.App.4th 1599, 1603.) “A ...

Excerpt: ...y seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.” Under CRC Rule 3.1332(c), “[a]lt...

Excerpt: ...pel verified responses from Plaintiff Alexander Rivkin (“Plaintiff”) to Form Interrogatories (Set One) (“FROG”); Special Interrogatories (Set One) (“SROG”) and Demands for Production of Docume nts (Set One) (“RPD”). Defendant also seeks monetary sanctions in connection with the motions. Plaintiff opposes the motions and Defendant replies. LEGAL STANDARDS 1. Interrogatories Pursuant to Code of Civil Procedure section 2030.290, “[...

Excerpt: ...nt of $1,010, payable by Cross -Defendant Mohammed Tehrani and defense counsel to Plaintiff Christian Carrillo and Plaintiff's counsel within thirty (30) days of ent ry of this order. Defendant/Cross -Complainant Marc Milo Mandel's Motion to Compel Responses to Requests for Production of Documents, Set One is GRANTED. Cross-Defendant Mohammed Tehrani shall serve code- compliant responses to Defendant/Cross- Complainant Marc Milo Mandel's Requests...

Excerpt: ...: 8:30 a.m. Dept. 56 AND RELATED CROSS- ACTIONS MOVING PARTY: Defendants Samuel E. Anguiano and Patricia J. Anguiano RESPONDING PARTY: None The Court has considered the moving papers. BACKGROUND This action arises out of a contract for sale of real property. The currently operative first amended complaint (the “FAC”) was filed on July 13, 2022 and alleges specific performance for the sale of real property. On October 10, 2023, Defendants file...

Excerpt: ...arty 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 party, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., § 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) The propounding party must demonstrate that th...

Excerpt: ... action. On May 1, 2023, Plaintiff Aaron Koonce filed a complaint against Defendant Kia Motors America, Inc. for Violation of Subdivision (d) of Civil Code Section 1793.2; Violation of Subdivision (b) of Civil Code Section 1793.2; Violat ion of Subdivision (a)(3) of Civil Code Section 1793.2; and Breach of the Implied Warranty of Merchantability. [TENTATIVE] RULING: Plaintiff's Motion to Compel Further Responses to Plaintiff's Requests for Produc...

Excerpt: ...ed. Leave to amend is to be argued. 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. On April 19, 2022, Plaintiff Eva Niño filed the operative Complaint against Defendants El Monte Veterans Apartments, LP (“LP”), El Monte Veterans Apartments, LLC, and Mercy Housing CalWest for (1) retaliatory eviction and anti...