Excerpt: ...laintiff Krystal Shin, by and through her parent and guardian ad litem (“GAL”) You Sun Jang (“Plaintiff”) RESPONDING PARTY: Defendant PlayCore Wisconsin Inc. (“Defendant” or “PlayCore”) NOTICE: ok RELIEF REQUESTED: An order from this Court compelling Defendant PlayCore to produce further responses to Plaintiff's Form Interrogatories, Set One, Nos. 1.1; 3.6; 3.7; 12.1; 15.1; 16.1; 16.2; 16.3; 16.4 and 16.5, and imposing monetary sa...

Excerpt: ...reakfast Cookies, Inc. (“Baker's) and Sprouts Farmers Market, Inc. The Complaint alleges one cause of action for violations of Health and Safety Code section 25249.6. In the Complaint, Plaintiff alleges that “[t]his Complaint seeks to remedy Defendants' continuing failure to adequately warn individuals in California that they are being exposed to lead, a chemical known to the State of California to cause birth defects a nd other reproductive ...

Excerpt: ...STED: An order from this Court granting the demurrer to Plaintiff's Complaint TENTATIVE RULING: The demurrer is OVERRULED as to the First and Second Causes of Action. The Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND for the Third Cause of Action. BACKGROUND This action arises from a dispute over a written lease agreement between the parties. On July 17, 2023, Plaintiff initiated this action, alleging against Defendants Razi Dental, Inc., Saeid Ra...

Excerpt: ...laintiff Chelle Johnson Defendant's Demurrer to Plaintiff's Complaint The Court considered the moving papers, opposition, and reply. Defendant's Demurrer to Plaintiff's Complaint is SUSTAINED with 20 days leave to amend. Background Chelle Johnson (Plaintiff) file a Complaint on March 1, 2023 against Klapach & Klapach, P.C. (Defendant) for the sole cause of action for legal malpractice. Defendant now demurs to the Complaint, Plaintiff opposes the ...

Excerpt: ...ober 10, 2023, Plaintiff Lorna Murt filed her Complaint against Defendants Autism Spectrum Support Center LLC and Aki Kawamata on causes of action arising from Plaintiff's employment by Defendants. On February 13, 2024, Defendants filed their Demurrer to the Complaint. Defendants concurrently filed their Proposed Order. On February 15, 2024, Defendant Autism Spectrum Support Center LLC filed its Answer to the Complaint. On February 26, 2024, Plai...

Excerpt: ...c Parking, Inc. (“Automac”), and Does 1 to 50 for damages arising from a slip and fall on water. Plaintiff filed amendments to complaint naming Octopus Japanese Cuisine, Inc. as Doe 1 and Octopus Restaurant Long Beach, Inc. (“Octopus Restaurant”) as Roe 2. On December 13, 2023, the Court granted 200 Pine's motion for summary adjudication (MSA) in part as to Octopus Restaurant's duty to defend 200 Pine against Plaintiff's claims. (Min. Ord...

Excerpt: ...g 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 lemon law action. In July 2023, Plaintiff Heqian Zhang allegedly entered into a warranty contract with Defendant Maserati North America, Inc. (Maserati) by purchasing a 2023 Maserati Grecale. Subsequently, Zhang alleges the vehicle exhibited numerous defects and nonconformities. Zhang then alleges Maserati failed t...

Excerpt: ...les's Demurrer to Plaintiff's First Amended Complaint [CRS# 4712]. I. Pleadings A. Pleadings Plaintiff S.C., by and through his guardian ad litem, Sergio Cardenas Sr. (S.C.'s father), sues Defendants County of Los Angeles (L.A. County) through its Department of Children and Family Services (DCFS), College Hospital, Los Angeles Unified School Distr ict (LAUSD), ABC Unified School District (ABC Unified), William Gee (Gee), and Does 1 through 10 pur...

Excerpt: ...ach of contract, breach of the covenant of good faith and fair dealing, promissory estoppel, and failure to pay wages under Labor Code section 201. Plaintiffs allege as follows: Karyn McCarthy is a well -known and two -time Emmy nominated producer of television programs and motions pictures. (First Complaint, ¶ 11.) In February and March 2022, Plaintiff's agent solicited three opportunities for her to serve as executive producer of a new televis...

Excerpt: ...nst defendant Joseph Daniel Davis. On September 1, 2023, Plaintiff filed a Verified Second Amended Complaint (“SAC”) against defendants Joseph Daniel Davis, Hilary Davis, and Randi Desnoes. The SAC alleges causes of action for (1) “perjury by Defendants Joseph D. Davis and Hilary Davis Regarding the Transfer of Title of the Ketchum Home to Hilary Davis,” (2) “intentionally transferring $3.5 million to Nevis Island to ‘Hinder, Delay, o...

Excerpt: ...RD HOLDINGS, INC., a California corporation, LOCKEFORD HOLDINGS WATER DISTRICT, LLC, a California limited liability company, and DOES 1 through 50, inclusive, Defendants. Case No.: 23STCV04491 Hearing Date: 3/11/24 Trial Date: N/A [TENTATIVE] RULING RE: Defendants Patrick W. Daniels, Scott Sinnett, Aaron Greene, Mark Greene, Michelle Greene Johnson, Greene Brothers Farm, Inc., Greene Bros, Inc., Lockeford Holdings, Inc., and Lockeford Holdings Wa...

Excerpt: ...s). Background This is a habitability case. On December 28, 2023, Plaintiff Aurora Mora filed suit against Defendants AAENESON PROPERTIES dba WALNUT PARK APARTMENTS, P.F.C. ENTERPRISES, INC. dba ALLEN PROPERTIES asserting the following causes of action (COAs): 1. BREACH OF WARRANTY OF HABABILITY (CONTRACT) 2. BREACH OF WARRANTY OF HABABILITY (STATUTE) 3. BREACH OF CONTRACT 4. NUISANCE On February 8, 2024, the instant demurrer and motion to strike...

Excerpt: ...ike Portions of Plaintiffs' Second Amended Complaint is CONTINUED to a date to be determined at the hearing in Department G (Pomona). Defendant's counsel is also ordered to meet and confer with Plaintiffs' counsel regarding the Demurrer and Motion to Strike and to file a supplemental declaration describing such meet and confer efforts at least nine (9) court days before the next scheduled hearing on the Demurrer and Motion to Strike. BACKGROUND T...

Excerpt: ... Subsequently, IWS alleges the vehicle developed defects with its check engine light, engine, ECM, and fuel system. On January 12, 2023, IWS filed a complaint against General Motors and Does 1 -10, alleging a violation of the Song -Beverly Consumer Warranty Act. On May 11, 2023, IWS filed a motion to compel the deposition of General Motors' person most qualified. On June 8, the court granted IWS's motion in part and denied in part. On June 20, 20...

Excerpt: ...onsidered the moving, opposition, and reply papers. The court GRANTS Plaintiffs' motion for attorney's fees. The court awards Plaintiffs attorneys' fees in the reduced amount of $119,760. Background On March 8, 2021, Plaintiffs Victor Burga and Adrienee Han (collectively, “Plaintiffs”) submitted a written offer to purchase 119 N. Manhattan Place, Los Angeles CA from Defendant Hoangtram Tong (“Seller”). On March 11, 2021, Defendant accepte...

Excerpt: ...everly Consumer Warranty Act action, Plaintiff Dayna Campbell (Plaintiff) alleged two causes of action: (1) breach of express warranty; and (2) breach of the implied warranty of merchantability. Prior to trial, Defendant BMW of North America, LLC (Defendant or BMW) served an offer of compromise upon Plaintiff under Code of Civil Procedure section 998 (998 Offer). Plaintiff rejected this 998 Offer. Following trial, the jury found no breach of the ...

Excerpt: ...ustained without leave to amend as to the 6th cause of action. Defendant Robert Assil (“Assil”) (“Defendant”) demurs to Plaintiff Timothy Hennessy's (“Hennessy”) (“Plaintiff”) second amended complaint (“SAC”) on the grounds that the 6th cause of action in the SAC fails to state facts sufficient to constitute a cause o f action against Assil and the SAC is uncertain. (Notice of Demurrer Assil, pg. 2; C.C.P. §§430.10(e), (f).)...

Excerpt: ...6, 2022, Plaintiff Boren, Osher & Luftman, LLP (“Plaintiff”) filed this action for breach of contract against Defendant Camilla Rose (“Defendant”). Defendant filed an answer on March 23, 2023. On December 12 and 13, 2023, the Court granted Pla intiff's motions to compel responses to form and special interrogatories, and request for production of documents, and awarded Plaintiff monetary sanctions. (Minute Orders, 12/12/23 and 12/13/23) Pl...

Excerpt: ... the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its discretion, to reach a final determinati...

Excerpt: .... Plaintiff Damon Zielinski (“Zielinski”) (“Plaintiff”) moves for an order of sanctions against Defendant County of Los Angeles (“County”) (“Defendant”) and its attorneys of record, David Penner and Michele Goldsmith of BLG Law Group, in the amount of $3,860.00. (Notice of Motion, pgs. 1- 2; C.C.P. §2030.030.) Plaintiff moves on the grounds that De fendant has failed to respond to discovery, made evasive responses as to discovery...

Excerpt: ...R RESPONSES TO SIS, SET ONE, IS GRANTED IN PART. THE REQUESTS FOR SANCTIONS ARE DENIED. PLAINTIFF'S MOTIONS TO COMPEL FURTHER RESPONSES TO DISCOVERY ARE DENIED. PLAINTIFF'S MOTION FOR PROTECTIVE ORDER IS DENIED. PLAINTIFF TO SERVE FURTHER RESPONSE TO THE SUBJECT DISCOVERY WITHIN 20 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 oppos...

Excerpt: ...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. [TENTATI...

Excerpt: .... I. Background A. Pleadings Plaintiffs Jorge Hernandez Camacho and Sara Martinez sue Defendants Toyota Motor Sales U.S.A., Inc. (Toyota USA) and Does 1 through 10 pursuant to a May 18, 2023, Complaint alleging claims of (1) Violation of the Song -Beverly Act – Breach of Express Warran ty, (2) Violation of the Song -Beverly Act – Breach of Implied Warranty, and (3) Violation of the Song -Beverly Act Section 1793.2. The claims arise from the f...

Excerpt: ...e Mile Properties, LP Responding Party: Plaintiff Camilo Salazar Motion: Defendant's Motion to Compel Arbitration and Stay or Dismiss Proceedings The Court considered the moving papers, opposition, and reply. Defendant's Motion to Compel Arbitration is GRANTED. The proceedings are stayed until the completion of arbitration proceedings. Background This case stems from alleged violations of numerous labor codes. Camilo Salazar (Plaintiff) filed a C...

Excerpt: ...or, by and through her Guardian ad Litem, Evangelina Hernandez; E.C. (“EC”), a minor, by and through his Guardian ad Litem, Evangelina Hernandez; R.C. (“RC”), a minor, by and through his Guardian ad Litem, Evangelina Hernandez [2] allege the following against Defendants COUNTY OF LOS ANGELES (“County”) and HATHAWAY -SYCAMORES CHILD AND FAMILY SERVICES (“Hathaway -Sycamores” or “Hathaway”) [3] : On July 6, 2019, Noah was murder...

Excerpt: ...the moving papers. No opposition or reply papers were filed. RULING Plaintiff's Motion to Approve Consent Judgment is GRANTED. BACKGROUND On April 7, 2023, Plaintiff Keep America Safe and Beautiful, Inc. filed this action alleging violation of the Safe Drinking Water and Toxic Enforcement Act of 1986, codified at Health and Safety Code §25249.6 , et seq. (“Proposition 65”). Plaintiff alleges Defendant Viking Cue Manufacturing, LLC failed to ...

Excerpt: ...W. Affeld Motion to Allow Additional Expert Testimony The court considered the moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Plaintiffs Michael LaPorta and Beverlee LaPorta (“Plaintiffs”) move the court for an order allowing their expert witness Robert Moss (“Moss) to testify at trial in this action against defendants Affeld Grivakes LLP and David W. Affeld (“Defendants”). Plaintiffs request this ...

Excerpt: ...., a California Corporation dba Health Care Providers Laboratory, filed on July 6, 2023, is hereby STRICKEN. The Court DENIES Plaintiff's request for entry of judgment in its favor. The Court DENIES Plaintiff's requests for monetary sanctions and attorney's fees. The Court will set a status conference regarding entry of default judgment. Plaintiff is ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND ...

Excerpt: ...cy, 5600 Gateway Center, LLC ("5600 Gateway'), H.B.D. Incorporated ("H.B.D.'O, Burger King Corporation for damages relating to an incident wherein Plaintiff alleges after he had an argument with one of defendants' employee, Plaintiff was shot in the back Complaint ("PAC") sets forth four causes of action for (1) negligence, (2) negligent hiring, training, supervision, (3) assault & battery, and (4) premises liability. Defendants 5600 Gateway and ...

Excerpt: ...se liability. Defendant further requested judicial notice (RJN) of the pleadings filed in this action. It is noted that Defendant's RJN incorrectly identified Plaintiff's “Unverified First Amended Complaint” but attached the Complaint, which is the operative pleading. The Court presumed the RJN had a typographical error and the RJN was to the operative pleading – the Complaint. Discussion Defendant argued that there is no triable issue of m...

Excerpt: ...ubmit 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. BACKGROUND On February 24, 2022, Plaintiff Martina Silas filed the operative first amended complaint against Defendants The Fox Law Corporation, Inc., Steven Robert Fox, and Barry Roger Wegman, asserting ca...

Excerpt: ...2, plaintiff Michael Mizrachi (“Plaintiff”) entered a lease (the “Lease”) to rent residential real property (the “Property”) from defendants John Kyle Rosen (“John”), Layne M. Rosen (“Layne”), and JKLMRO Trust (the “JKLMRO” and, together with John and Layne, “Defendants”). (Complaint p. 1.) Two days later, Plaintiff paid Defendants $72,000, half of which was a security deposit and half of which was two months' worth of...

Excerpt: .... Trial was set on October 28, 2022 for June 12, 2023 and then continued multiple times to its current date of March 15, 2024. [TENTATIVE] RULING: The request to vacate the trial date is denied; request to file a cross -complaint is denied. DISCUSSION At any time during the course of the lawsuit, the court retains power to permit the defendant to file a compulsory cross -complaint. Code Civ. Proc., § 426.50. Where the proposed cross -complaint a...

Excerpt: ...uired. Unless the Court directs argument in the Tentative Ruling, no argument will be permitted unless a “ party notifies 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 notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260 - 84...

Excerpt: ..., and reply papers filed in connection with this motion. DISCUSSION Defendant New Hampshire Ball Bearings Inc. (“Defendant”) moves the court for an order sealing exhibit 9 to the declaration of Teresa Avila -Martinez, filed by Defendant in support of its motion for summary judgment or, alternatively, summary adjudication ag ainst plaintiff Maria Sao (“Plaintiff”) on January 26, 2024. Generally, court records are presumed to be open unless...

Excerpt: ...OVING PARTIES: Plaintiffs U-Haul Co. of California, U -Haul Co. of Arizona, and Arcoa Risk Retention Group, Inc. RESPONDING PARTY: N/A - Unopposed Plaintiffs' Motion To Set Aside And Vacate The Court's December 21, 2023 Dismissal Of Plaintiffs' Complaint The court considered the moving papers filed in connection with this motion. BACKGROUND This case stems from allegations of a staged motor vehicle collision involving Hayk Aleksandrovich, Armen M...

Excerpt: ...endent Taxi Owners Associations and Hamidereza Eghbalpour (“Defendants”) for damages arising from an automobile collision. On October 27, 2022, this matter was called for non -jury trial, and after no appearances or contact by either party, the Court dismissed Plaintiff's complaint without prejudice. (Min. Order, Oct. 27, 2022.) On April 24, 2023, Plaintiff filed the instant motion to set aside the dismissal. II. Motion to Set Aside Code Civ....

Excerpt: ...ny irrelevant, false, or improper matter inserted in any pleading. (CCP § 436, subd. (a).) The court may also strike all or any part of any pleading not d rawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (CCP § 436, subd. (b).) The grounds for a motion to strike are that the pleading has irrelevant, false, or improper matter, or has not been drawn or filed in conformity with laws. (CCP § 436.) Th...

Excerpt: ... Lepejian, Lucas Lepejian, and Tayla Lepejian. Defendants/cross -complainants did not timely serve and file their memorandum of costs. “A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk.” (Cal. Rules of Court, rule 3.1700(a)(1).) The clerk served notice of entry of judgment by mail on December 1, 2023. After extend...

Excerpt: ... Tom Love Group Responding Party: Defendant, Palig Saghdejian Moving Papers: Plaintiff's Ex Parte Motion To Vacate Sister -State Judgment Against Defendant Opposition Papers: No Opposition submitted; however, Defendant's attorney filed a “Notice of Remote Appearance.” Reply: No Reply 16/21 Day Lapse (CCP §12c and §1005(b): Ok Proof of Service Timely Filed (CRC, Rule 3.1300): Ok Correct Address (CCP §1013, §1013a): Uncertain – On eCourt,...

Excerpt: ...rporation, Cross -Respondents. Case No.: 23STCP03462 Hearing Date: 3/8/24 Trial Date: N/A [TENTATIVE] RULING RE: Petitioners/Cross -Respondents Robert Schumann, and Real Estate West, Inc.'s Petition to Vacate Arbitration Award; and Respondents/Cross-Petitioners Robert Y. Greenberg and M. Susan Greenberg, as Trustees of the Greenberg Family Trust dated May 3, 1998's Petition to Confirm Arbitration Award. Background On September 19, 2023, Petitione...

Excerpt: ...keting LLC (“TEAM”) provides event planning services primarily for college fraternities and sororities, as well as for other college student organizations. Cross -Defendant Michael Ol ivas is the sole owner of TEAM. From 2016-2020, Defendant and Cross -Complainant Brian Delino worked for TEAM as a sales representative. While working for TEAM, Delino allegedly stole TEAM's business for himself, converted TEAM funds for his own use, and used TE...

Excerpt: ...laintiff) on October 25, 2022. Additionally, Defendant propounded form interrogatories, set Ävo, on Plaintiff on December 15, 2022. On November 25, 2022, Plaintiffs counsel served unverified responses to the RPDs, and served unverified responses to the form interrogatories, set Ävo, on Januaty 14, 2023. Defense counsel sent several correspondences requesting verified responses without objections. To date, Defendant has not received verified res...

Excerpt: ... MIL -010 and MIL -015, Petitioner has requested that the Court grant his Petition for relief from his mortgages for his residence located at 24313 La Montura Drive, Santa Clarita, CA 91354. Petitioner filed this petition pursuant to Military and Veterans Code § 409.3. Section 409.3 reads in relevant part: “(a) A service member may, at any time during their most current period of military service or within six months thereafter, petition a cou...

Excerpt: ...Tentative Ruling, no argument will be permitted unless a “ party notifies 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 notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: Two Nine Sports Inc. (Petitione...

Excerpt: ... filed. RULING The unopposed petition is GRANTED provided that petitioner files proof of service that the petition and supporting documents were served on respondent. BACKGROUND Petitioner Herbert Neslon Messick filed a petition to confirm the arbitration award and for entry of judgment against respondent Cetera Advisor Networks LLC pursuant to CCP § 1280, et seq. Petitioner seeks an order of judgment confirming the final and binding Financial I...

Excerpt: ...o argument will be permitted unless a “ party notifies 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 notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260 -8412. ALLEGATIONS: Before the Court is a petition made by Karo Papazya...

Excerpt: ...e Tentative Ruling, no argument will be permitted unless a “ party notifies 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 notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260 -8412. ALLEGATIONS: Synan Johnson (Plaintiff), in ...

Excerpt: ...ved Defendant. For service of the Defendant in Mexico, Plaintiff must utilize either the Hague Convention or the Inter -American Service Convention. The Court sets an OSC re service of process for July 10, 2024 at 8:30 a.m. to determine the status of Plaintiff's efforts to properly serve Defendant. Background This is a property dispute over the residence of Plaintiff and his wife, Maria Perez (“Maria”) (the Court uses first names only to avoi...

Excerpt: ...e devices of visitors to its website. Plaintiff alleges that she visited Defendant's website in 2023, whereupon Defendant accessed Plaintiff's device and installed “pen register” and “trap and trace” tracking software. The complaint asserts a single cause of action under CIPA, or Penal Code sections 630 et seq. Plaintiff alleges economic injury and intangible injury to her dignity. Plaintiff alleges that she is entitled to statutory damag...