Excerpt: ...f's two remai ning causes of action brought under the Consumer Legal Remedies Act (“CLRA”) and Business and Professions Code, section 17200 et seq., may both be brought as a representative class action lawsuit, and precertification discovery into the existence of an asc ertainable class is widely permitted. Stern v. Superior Court (2003) 105 Cal.App.4th 223, 233 [Each party must have an opportunity to conduct discovery on class action issues ...

Excerpt: ...ntimely. (Cod e Civ. Proc., §§ 435, subd. (b), 430.40, subd. (b), and Cal. Rules of Court, rule 3.1322.) The notice does not specify the matters to be stricken. (Cal. Rules of Court, rule 3.1322(a).) Substantively, the motion appears to argue that the affirmative defens es are untrue. The court must assume the allegations of the answer are true for purposes of this motion. Background: Action for: 1) breach of contract; 2) breach of the covenant...

Excerpt: ...435 et seq.) The allegations of the First Amended Complaint are insufficient to support a viable prayer for punitive damages against Defendant. Plaintiffs to file an amended complaint within 20 days of this Court's order. Defendant to give notice. This action arises fr om a dispute concerning a residential lease. In the complaint, Plaintiffs Sergio Melano, Aline Montalvo, Sergio Navarrete Noh, and Ximena Navarrete, by and through her GAL (collect...

Excerpt: ...om. If appear ing by CourtCall, call in no later than 8:15 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exceptions will be made. With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tentat...

Excerpt: ...8/9/24 at her apartment in Simi Valley. Code Civ. Proc., § 664.6. Plaintiff requests that judgment be entered in its favor against defendant in the amount of $12,937.68. Declaration of counsel Fanny Wan. Verbal settlement agreement entered on 11/26/21 and thereafter sig ned in writing on 1/10/22. Principal sum of $12,137.68, plus prior court costs of $370, appearance fee of $370, and $60 motion fee. No payments made after entering into the settl...

Excerpt: ...1) 91 Cal.App. 4th 875, 882.) OVERRULE: PMCI's demurrer on the grounds of 1) Failure to state a claim (res judicata) and, 2) another action pending. This action arises from the earlier efforts of Defendant Professional Medical Careers Institute of California, LLC (“PMCI” or “Defendant”) to collect allegedly outstanding tuition from its former student, Plaintiff Annette Ayala (“Ayala” or “Plaintiff”). This is the second lawsuit bet...

Excerpt: ...s proposed re sponsive pleading(s) within 10 days. Counsel for the moving party to give notice of the Court's ruling. Complaint filed 5/10/24 by Plaintiffs Caroline C. Pieszak and Annika M. Pieszak Goss, as individuals and as Trustees of the Annika M. Pieszak Trust Date d October 1, 2021, against defendants Schaub Renovations, Inc., Agoura Sash & Door, Inc., Windsor Window Company, dba Windsor Windows & Doors, Woodgrain Inc., and American Contrac...

Excerpt: ...d Complaint fails to allege facts sufficient to establish that Plaintiff was a third -party beneficiary of the contract. (See Gantman v. United Pac. Ins. Co. (1991) 232 Cal.App.3d 1560.) Without standing as a covered party under the contract, Plaintiff's claims for breach o f the covenant of good faith and fair dealing and intentional infliction of emotional distress are untenable. Leave to amend is DENIED. Considering the above ruling sustaining...

Excerpt: ...WITH LEAVE TO AMEND Defendant SVRTC LLC's demurrer based on Code of Civil Procedure section 430.10, subdivision (e). Defendant SVRTC LLC's Motion to Strike Portions of Plaintiff's Complaint is deemed moot considering the Court's ruling on the demurrer. (Code Civ. Proc., §§ 4 35 et seq.) Plaintiff to file an amended Complaint within 20 days. Counsel for Defendant to give notice of this Court's ruling. On April 19, 2024, Plaintiff Genoveva Rivera...

Excerpt: ...tions is DEN IED. Both the motion before the court and the request for admissions were served using an address that is different from Defendant's address of record with the Court. Cousnel for Plaintiff to give notice of this Court's ruling. It appears that an incorrect address has been used. The Complaint was filed on June 29, 2020, by Plaintiff American Express National Bank, Successor by Merger to American Express Bank, FSB against Defendant Gi...

Excerpt: ...o Code of Civil P rocedure, section 128.7 is DENIED. Plaintiff failed to wait the full 21 -day safe harbor period before filing this Motion. No sanctions can be imposed under a 128.7 motion filed before expiration of the 21 -day safe harbor period. (See Goodstone v. Southwest Airlines Co. (1998) 63 Cal.App.4th 406, 418 -419.) Counsel for the opposing parties to give notice of the Court's ruling. This is a breach -of-contract action. On May 14, 20...

Excerpt: ...ot given the Court's ruling on the Demurrer. The Court intends to grant the Motion to strike the claim for punitive damages asserted in the 6th cause of action for general (gross) negligence. Jackson v. Johnson (1992) 5 Cal. App.4th 1350, 1354. And the Court intends to deny the Motion to strike portions of the 8th cause of action as unsupported. Meet & Confer (CCP § 430.41(a) and CCP § 435.5) is insufficient. While a declaration from Defendant'...

Excerpt: ...Order. At the July 9, 2024 hearing on Levan's motion to quash service of the Association's moving papers on LeVan, the Court granted the motion but gave the Association an opportunity to cure the service issue. In particular, the Court continued the hearing on the Asso ciation's motion to amend the judgment to August 15, 2024, and ordered the Association to serve Levan with its moving papers in the same manner as required for service of process a...

Excerpt: ...rs, this aff irmation in not required when serving a business entity of unknown form. (See Hope v. Otis Elevator Co. (2005) 389 F.Supp.2d 1235, 1243.) As the subsequent mailing was required pursuant to Code of Civil Procedure Sections 415.20 and 415.95, service of the Summons and Complaint on Defendant Law Office of Steven Waisbren was not “deemed complete” until the 10th day after the mailing. While we do not know what date mailing was perfo...

Excerpt: ...egarding commerc ial property. Default entered on 7/15/22. Writ of Possession entered on 8/17/22. On 9/25/23 the Court denied Defendants Motion to Set Aside/Vacate Default Judgment without prejudice. On 11/27/23 the Court granted the Motion to Set Aside default and Default Judgment, based on the parties' agreement, and Plaintiff permitted to file a First Amended Complaint. Answer was filed on 11/29/23, then the FAC filed on 12/7/23, with the Answ...

Excerpt: ...nologies, Inc .'s Motion for Summary Judgment or, in the alternative, Summary Adjudication, sealed under the requirements of California Rules of Court, rule 2.550. On February 1, 2022, the Complaint was filed. On February 2, 2023, the First Amended Complaint (“FAC”) was filed by Plaintiffs Jaslene Olivares, a minor, by and through her GAL, Brenda Yarely Cervantes Chavez; Emmanuel Alexander Olivares, a minor, by and through his GAL, Brenda Yar...

Excerpt: ...et One and Special Interr ogatories, Set Two, are GRANTED. Defendant is ordered to serve further, verified code -compliant responses to Form Interrogatory, Set One, no. 216.1, Special Interrogatories, Set One, nos. 1, 2, 3, 4, 5, 6, 8, 11, 12, 15, 16, 17, 18, 19, 20, 22, and 23, Req uest for Production, Set One, no. 27, and Special Interrogatories, Set Two, nos. 28 -46, within 20 days of this Court's order. (Code Civ. Proc., §§ 2030.300 and 203...

Excerpt: ...JX Companies. The Court notes that Plaintiff has improperly added two new Defendants to her Complaint in violation of Code of Civil Procedure section 474. Further, insufficient facts are alleged against these two defendants to support any cause of action. Finally, Plaintiff has not made a compelling argument that she was truly ignorant of facts establishing a cause of action a gainst either Darla Casio or TJX Companies. Accordingly, the demurrer ...

Excerpt: ... penalty of $ 1,000 to the State Bar of California's Client Security Fund. (Code Civ. Proc., § 473, subd. (c)(1)(B).) Counsel is directed to lodge a formal proposed order for the Court's signature. The Court sets a mandatory appearance case management conference/trial s etting conference for A DATE IN DECEMBER in Department 21. Counsel for the moving party to give notice of the Court's ruling. This personal injury action arises from a slip -...

Excerpt: ...ael and Sherri Lazelle sue MVHOA, California HOA Solutions, LLC, WAISBREN, FREEMAN, and Philadelphia Insurance Company, and Does, asserting the following causes of action: (1) Breach of Bylaws & CC&R's, Davis -Sterling Act (2) Breach of Fiduciary Duties (3) Fraud and Dec eit (4) Failure to Allow Inspection of Records (5) Violations of Corporations Code (6) Negligence (7) Discrimination and Retaliation (ADA, Federal Fair Housing Act) (8) Malpracti...

Excerpt: ...tion of Busin ess Records is GRANTED. (Code Civ. Proc., §§ 2025.480.) Defendant's Request for Sanction is GRANTED. AP Construction Group is ordered to pay sanctions to Defendant in the amount of $650.00, payable within 30 days. On July 11, 2024, GAIC issued a Deposition Subpoena for Production of Business Records (“Subpoena”) to AP Construction. GAIC requested categories of documents that were related to the Project and as it related to Sup...

Excerpt: ...gen's First A mended Complaint is SUSTAINED as to all causes of action. As for the first and second causes of action, a general deposit made with a bank cannot, as a matter of law, form the basis for a viable claim of conversion or theft. (See Morse v. Crocker Nat. Bank (1983) 142 Cal.App.3d 228, 232.) As for the third cause of action, the applicable terms of the applicable Consumer Account Agreement afforded Defendant the broad right to freeze a...

Excerpt: ...ollowing Plaintiff Maria Quirino's Supplements Responses as required by Code of Civil Procedure, section 2031.310, subdivision (b)(2), prior to the filing of this motion. The parties are required to file 15 court days before the continued hearing, a Joint Statement informing the Court of the production requests still at issue followi ng the meet and confer. *** This matter is set for an MSJ on October 11, 2024, and a 12 -15 -day Jury Trial on Dec...

Excerpt: ...was filed. H owever, the court notes that RFPs 99 and 100 do not strictly comply with Code Civ. Proc., § 2031.220. GRANT an order for defendants to provide a further responses to RFPs 99 and 100 that state whether the compliance is “in whole or in part.” If the former, then defendants must also state that “all documents or things in the demanded category that are in the possession, custody, or control of that party [] will be included in t...

Excerpt: ...s. If appeari ng by CourtCall, call in no later than 8:30 a.m. If you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exceptions will be made. For Zoom appearances, all counsel appearing by Zoom must email the court at [email protected] with a si...