Excerpt: ... counsel's motion to be relieved. Defendant now demurs to the second cause of action in Plaintiff's complaint, for general negligence. No opposition was filed. LEGAL STANDARD The primary function of a pleading is to give the other party notice so that it may prepare its case [citation], and a defect in a pleading that otherwise properly notifies a party cannot be said to affect substantial rights.” ( Harris v. City of Santa Monica (2013) 56 Cal...

Excerpt: ...d to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. On November 17, 2023, Plaintiff Maynor Galindo filed the operative First Amended Complaint against Defendants Phillips 66 Company, Raudell Covarrubias, and Heriberto Plascencia for (1) FEHA harassment, (2) FEHA discrimination, (3) FEHA retaliation, (4) FEH A failure to prevent misconduct, (5) negligent hiring and retention, (6) intentional infliction of emotional di...

Excerpt: ...Defendant, Mokhtar Jabli, for remaining in possession of the real property at 9010 Hopen Place, Los Ange les, California 90069 after failing to pay rent. Plaintiff served Defendant with a 3 -day notice to pay rent or quit. On February 23, 2024, Defendant filed this Demurrer to the Complaint. On April 2, 2024, Plaintiff filed an opposition. Plaintiff requests sanctions against Defendant for unnecessary delay occasioned by the filing of this demurr...

Excerpt: ...and an order to show cause why a preliminary injunction shall not issue. Plaintiffs seek an order enjoining Defendant Fahim Farivar from: (1) Interfering with a new membership meeting and election, (2) Attempting to intimidate or threaten any member of the congregation from requesting a new membership meeting and election, (3) Attempting to intimidate or threaten anyone in connection with voting in the election, and (4) “Holding a Board of Dire...

Excerpt: ...r 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 basis for the claim against h...

Excerpt: ...nt 727 Westbourne Vila B, LP, and managed by Defendant Moss Management Services. Before April 2022, Def endant Westbourne Venture owned the property, and Defendant Shapiro Property Management managed it. During Plaintiff's tenancy beginning in 2015, Plaintiff alleges his unit has exhibited habitability issues and substandard conditions, including insect infestation and intermittent disruptions to water supply and electricity, among other things. ...

Excerpt: ...enied. 2. Cross- Complainant Maryam Rouillard's Motion to Quash and/or Limit Deposition Subpoena to JP Morgan Chase Bank for Production of Business Records is GRANTED in part [i.e., as to Categories Nos. 19 -24] and otherwise DENIED. Rouillard's alternate r equest to limit the deposition subpoena is GRANTED in part [i.e., as to Categories Nos. 6 -16], DENIED in part [i.e., as to Categories Nos. 17 and 18] and is otherwise DENIED as MOOT [see belo...

Excerpt: ...Connect rather than in person due to the COVID-19 pandemic. This is an employment action. On February 16, 2024, Defendant Jobsource Downey, Inc. filed a motion to withdraw its admissions to Plaintiff Jasson Reyes Lopez's requests for admission nos. 2, 4, 6, 12, 14- 16, and 19-22. In that Motion, Defendant's agents , Carmen Ruiz and Stephany Torres, indicate that they incorrectly admitted these requests. Their declarations state that “The respon...

Excerpt: ...ilable to Dr. Matian to set aside the clerk's default. Accordingly, Dr. Matian's motion is denied. Section 473(d) authorizes trial courts to set aside any void judgment or order. A judgment or order may be shown to be void on its face for Section 473(d) purposes “when [its] invalidity is apparent from an inspection of the judgment roll or court record without consideration of extrinsic evidence.” (Pittman v. Beck Park Apartments (2018) 20 Cal...

Excerpt: ...learned that Plaintiff had passed away. (Motion, 3.) Believing that Plaintiff had no successor in interest, Plaintiff requested that the action be dismissed without prejudice. On July 13, 2023, the Court entered dismissal. On January 10, 2024, Plaintiff filed this motion to set aside the dismissal pursuant to Code of Civil Procedure section 473(b). No opposition has been filed. LEGAL STANDARD Under Code of Civil Procedure section 473(b), the Cour...

Excerpt: ...ntiff”) filed a Complaint against Defendants Raphael Berry, Samir Berry, Berri's Pizza Café, LLC (“BPC”), RHB Group, LLC ( “RHB”), Morisani Enterprises (“Morisani”) (collectively “Defendants”) and DOES 1 through 10, inclusive, alleging causes of action for: (1) breach of written contract, (2) common count: goods and services rendered, (3) account stated, (4) quantum meruit, and (5) unjust enrichment. On June 13, 2023, default w...

Excerpt: ...n The court has considered the moving papers. No opposition has been received. The court GRANTS Defendant Mission Critical Restoration Services, Inc. dba Servpro of Torrance's motion for site inspection. The site inspection of Plaintiffs' premises shall occur within 30 days of this Order. Also, the court GRANTS the request for monetary sanctions against Plaintiffs and their attorney of record, jointly and severally, in the reduced amount of $622....

Excerpt: ...y. Background This personal injury lawsuit arises out of a motor vehicle accident which occurred on June 1, 2022. The Complaint alleges that Plaintiff Fernando Ortiz Baeza (Plaintiff Baeza”) was injured by Defendant Ricardo Padilla Zamora who was operating a commercial vehicle without a Class A license. The Complaint alleges that Defendant West Wind Logistics, Inc. (“Defendant West Wind Logistics”) owned the vehicle driven by Zamora and kne...

Excerpt: ...; COVELLO INVESTMENTS, LLC, a California Limited Liability Company; CHASE MEDICAL ASSISTING AND SUPPLIES, INC., a California Corporation; CARE EVOLUTION, INC., a California Corporation; B LUEBELL FARMS, INC., a California Corporation; JULIA PERLMAN, an Individual; MICHAEL PERLMAN, an Individual; IGOR DEKHTERMAN, an Individual; and DOES 1 - 100, inclusive; Defendants. Case No.: 23STCV12977 Hearing Date: 4/09/24 Trial Date: 2/25/24 [TENTATIVE] RULI...

Excerpt: ...ust 21, 2023 is set aside and vacated. BACKGROUND On March 1, 2023, Andy Guy filed a complaint against Timothy Roth and Roth Management Group for (1) breach of contract, (2) fraud – concealment, (3) intentional misrepresentation, and (4) conversion. On August 21, 2023, a Request for Dismissal was filed and the case was dismissed with prejudice. It is that Dismissal that Plaintiff now seeks to have vacated on the basis that he did not authorize ...

Excerpt: ...ber 10, 2023, Plaintiff, American Express National Bank, filed a complaint against Defendants, Jonathan Dahan and MMC Agency Inc. On December 12, 2023, Plaintiff filed the parties' Stipulation for the Court to Dismiss the Case and Retain Jurisdiction Pursuant to Code of Civil Procedure Section 664.6 (“Stipulation”). On the same day, the court dismissed the case without p rejudice and retained jurisdiction to enforce the terms of the settlemen...

Excerpt: ...or breach of contract and common counts against Defendant Wenxuan Fan (“Defendant”). Following Defendant's failure to file a responsive pleading, the Court entered their default on October 11, 2023. Default Judgment was entered on November 28, 2023. Defendant filed the instant Motion to Vacate Default and Default Judgment on March 18, 2024. Plaintiff filed an opposition on March 27, 2024 and Defendant replied on April 2, 2024. Discussion The ...

Excerpt: ...ated activity in this litigation (“the Order”). The Defendants are Farmers Insurance Exchange, Fire Insurance Exchange, Truck Insurance Exchange, Mid -Century Insurance Company, and Farmers New World Life Insurance Company (collectively, “Farmers”) and Arnoldo Jaquez. As relevant here, the dates listed in the Order include Friday September 15, 2023, Sunday, September 24 through Monday, September 25, 2023, Saturday, September 30 through Su...

Excerpt: ...ce in Venice, California. The court has read and considered the moving papers, oppositions, and reply, and renders the following tentative decision . A. Statement of the Cas e 1. Petitio n Petitioner Citizens �iled the veri�ied Petition and Complaint (“Petition”) on October 7, 2022, alleging causes of action for administrative mandate and for declaratory and injunctive relief. The Petition alleges in pertinent part as follows . The Projec...

Excerpt: ...aintiff alleges that her 2022 Tesla Model 3 suffers from widespread defects including: body system, powertrain system, safety system, electrical system, braking syste m, and noise system. Plaintiff alleges the following causes of action: 1. Violation of Civ. Code 1793.2(d); 2. Violation of Civ. Code 1793.2(b); 3. Violation of Civ. Code 1793.2(a)(3); 4. Breach of Express Warranty of Merchantability Under the Song-Beverly Warranty Act; 5. Breach of...

Excerpt: ...oner Bill Me Later, Inc., a Delaware corporation, as servicing agent for WebBank (Petitioner) filed a petition against respondents Vision Trading Corporation d/b/a Xenon -Vision, HID -Warehouse, and Pho uc Van To (collectively, Respondents) to confirm a contractual arbitration award made on December 21, 2023. Respondents did not respond to or oppose the petition. LEGAL STANDARD “Any party to an arbitration in which an award has been made may pe...

Excerpt: ...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. “A party seeking discovery of a peace officer's personnel records must follow a two -step process. First, the party must file a written motion describing the type of records sought, supported by ‘[a]ffidavits showing good cause for ...

Excerpt: ...ion against Defendants Kambiz Zarnegar, 21st Santa Monica Investments, LLC, and “All Persons Unknown, Claiming Any Legal Or Equitable Right, Tit le, Estate, Lien, Or Interest In The Property Described In The Complaint Adverse To Plaintiffs' Title, Or Any Cloud Upon Plaintiffs' Title Thereto,” alleging (1) Fraud; (2) Breach of Fiduciary Duty; (3) Constructive/Resulting Trust; (4) Accounting; (5) Negligence; (6) Violation of California Business...

Excerpt: ... and David M. Rosenthal (Rosenthal) (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). Plaintiff opposes the Anti -SLAPP motion. [1] The special motion to strike pursuant to Code of Civil Procedure section 425.16 is granted. Defenda...

Excerpt: ...ence arising from an automobile ac cident occurring on January 8, 2020, on Benedict Canyon Drive in Beverly Hills. On October 17, 2023, Plaintiff filed a proof of service stating that Defendant Galeas was served by substitute service on his wife at his home on October 13, 2023, followed by mail service on October 17. On November 17, 2023, counsel purporting to represent Defendants Angel and Galeas (specially appearing) filed this motion to quash ...