Excerpt: ... parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (CCP, § 664.6(a).) “Because of its summary nature, strict compliance with the requirements of section 664.6 is prerequisite to invoking the power of the court to impose a settlement agreement.” ( Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37; Critze...

Excerpt: ...ourt directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify 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 argument is rec eived. Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: Rhonda and...

Excerpt: ... alleges Dr. TC Tsao, and Dr. Mitchell Spearrinm, currently engineering professors at Unive rsity of California Los Angeles (UCLA), also participated as “founders,” though both faculty members deny any such business relationship. ACT itself formed as a result of an “invention report,” for a jointly developed “adaptive camless technology” to a UCLA run program identified as the Technology Development Group (TDG), and the filing of thre...

Excerpt: ... Inc. and Elements Therapeutic Massage Studio with stolen funds from Plaintiff. Plaintiff Haiyang Ma alleges that he is the incorporator of Maxspeed and current CFO and CEO . Plaintiff Maxspeed is in the transport business, as are three of the entity defendants. The complaint alleges thirteen causes of action: (1) Breach of Fiduciary Duty (2) Breach of Duty of Undivided Loyalty, (3) Constructive Fraud, (4) Conversion (5) Waste of Corporate Assets...

Excerpt: ...d its Tentative Statement of Decision after evidentiary hearing on the motion for discovery sanctions and or for adverse inference determination based upon spoliation of evidence. The Court granted the motion in part and denied it in part. In granting the motion, the Court stated in relevant part: “The Court finds that Contestants are also entitled to monetary sanctions against Respondent. Contestants are the prevailing party on this motion. Re...

Excerpt: ...on for Mandatory Sanctions for Material Breach of Arbitration Agreement The court considered the moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Plaintiff Rebecca Marshall (“Plaintiff”) moves the court for an order awarding monetary sanctions in favor of Plaintiff and against defendant College Hospital Inc. (“Defendant”) pursuant to Code of Civil Procedure sections 1281.98 and 1281.99 on the ground th...

Excerpt: ..., which is owned by Defendant PBM2, LLC (“PBM2”) and managed by Defendant P.A.C. Properties Management, LLC (“P.A.C.”). Plaintiff alleges that P.A.C. hired the property vendor Defendant Darmac Property Solutions, LLC (“Darmac”) to paint and repair Plaintiff's apartment unit related to water leaks in the living room, primary bedroom, and the office. He alleges that P.A.C. provided a key to his apartment to Darmac and allowed Darmac to ...

Excerpt: ...t al. (Plaintiffs) filed their original complaint. Plaintiffs filed this action because they were fired from their jobs at Defendant Granada Hills Charter (Defendant). The parties are currently conducting discovery. Trial is currently set for November 4, 2024, after being delayed due to mediation. On March 4, 2024, Plaintiffs filed this motion for leave to file a fourth amended complaint (4AC). Plaintiffs seek to add one new cause of action to th...

Excerpt: ...t is guided by California Rules of Court, Rule 3.1308(a)(1) whereby notice of intent to appear is requested. Unless the Court directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify 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 argument is rec eived....

Excerpt: ...t is guided by California Rules of Court, Rule 3.1308(a)(1) whereby notice of intent to appear is requested. Unless the Court directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify 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 argument is rec eived....

Excerpt: ...x. H FACTUAL BACKGROUND: Plaintiff Tracy Cui alleges that in September of 2020, plaintiff was operating a Snow Joe Electric 3 -in -1 Blower/Vacuum/Mulcher in a foreseeable manner while vacuuming up leaves in her yard, when, suddenly, her hair became sucked into hidden air intake val ves, causing her hair to be ripped out of her scalp as she struck her head against the subject product, knocking her unconscious. The complaint alleges that defendant...

Excerpt: ...eh, 1568 Blue Jay Way LLC, 6097 West Winding Way LLC, and 5849 Murphy Way LLC (“the Aryeh Parties”) filed their Cross -Complaint (“the Aryeh Cross -Complaint”) against Damavandi, Bar Design and Construction, Inc., Asher Joseph Alfasi , Archive Design Group, LLC, and Zoran Pevec. On August 27, 2021, Damavandi amended his Complaint to substitute Doe 1 with Sarah Emmi Tibstra, Doe 4 with Matthew George, Doe 5 with Cardinal -West Construction...

Excerpt: ...Walgreen National Corporation, Walgreen Boot Alliance, Inc., and Walgreens Store #9491's business at a Walgreens store i n North Hollywood. He alleges that there were multiple stacked plastic crates filled with merchandise that fell and struck Plaintiff, injuring his eye and causing orthopedic injuries. Plaintiff alleges that the Walgreens store's premises was managed by D efendant Stephanie Martinez. The complaint, filed August 7, 2023, alleges ...

Excerpt: ...e 1 School: In approximately 1977, when he was approximately ten (10) years of age, Plaintiff was sexually abused and assaulted on a regular basis for approximately one year by a teacher on premises of the school. The acts of sexual abuse included but “fondling Plaintiff's genitals, forcing Plaintiff to masturbate [the teacher], and forced oral copulation.” (First Amended Complaint ( FAC) p. 5.) Plaintiff reported the sexual abuse to the ...

Excerpt: ...s Order Lifting Stay as to Entire Case FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Valerie Bradford filed this action on October 10, 2022, alleging that while plaintiff was in the care and custody of defendant Allcare Home Health Provider at its facility Allcare Home Health, having presented to the facility for examination, care and treatment for medical complaints and problems, including wound care for her right foot, defendant breached its dut...

Excerpt: ...rminating Sanctions Re: First Set Form Interrogatories to Defendant YiChun Tsai Respondent: NO OPPOSITION (Due 2/21) Plaintiff Ming -Hua Chiu's Motion for Evidence and Issue or Terminating Sanctions Re: First Set Special Interrogatories to Defendant America United Development, LLC Respondent: NO OPPOSITION (Due 2/21) Plaintiff Ming -Hua Chiu's Motion for Evidence and Issue or Terminating Sanctions Re: First Set Special Interrogatories to Defendan...

Excerpt: ...No costs will be awarded at this time. SUMMARY OF ACTION Plaintiffs Marvin Ayala and Kathia Ayala (Plaintiffs) had sued Defendants Ford Motor Company and Galpin Ford (Defendants) for causes of action related to the Song -Beverly Act. On March 8, 2024, the parties settled the case for a total of $73,399.00. Defend ants made the offer to settle, and Plaintiffs accepted. The Settlement Agreement also provided for attorney fees and costs reasonably i...

Excerpt: ... formed by Tim Davis in Idaho after Davis Brothers Construction, Inc. shut down. This Court found it instructive to examine the history of this case. On January 6, 2023, Defendants jointly filed a motion to compel arbitration, which Plaintiffs opposed. On February 28, 2023, the Court issued an 8 -page order granting Defendants' motion and ordering the parties to arbitrate their dispute. The parties subsequently paid their arbitration fees ($29,25...

Excerpt: ...TIONS ARE GRANTED IN PART AND DENIED IN PART. (SEE BELOW). DEFENDANTS TO SERVE FURTHER RESPONSES TO THE SUBJECT DISCOVERY WITHIN 30 DAYS OF NOTICE OF RULING. PLAINTIFF 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, oppositions, replies, and sup...

Excerpt: ...rom a dispute between neighbors. Plaintiffs Robert and Barbara Brilliant own the real property located at 14131 Beresford Road (the “Brilliant Property”). Defendants Ted and Michele Kaplan (“Moving Defendants”) own the real property located at 14151 Beresford Road (the “Kaplan Property”) . Plaintiffs allege that certain palm trees on the Kaplan Property block their view and violate the Mulholland Estates Homeowners Association, Inc.'s...

Excerpt: ...havez (collectively, “Plaintiffs”) filed this action against defendants, Daniel Chan (“Chan”), Chanchenda Hou, Chanvachana Hou, Doe Attacker, and Does 1 to 20 for injuries arising from a shooting by Doe Attacker. Plaintiffs set collectively set forth three causes of action for: (1) general negligence against Chan, Chanchenda Hou and Chanvachana Hou, Doe Attacker, and Does 1 to 20, (2) intentional tort against Doe Attacker and Does 1 to 20...

Excerpt: ...son (“Defendant”) and her two dogs were barreling down the sidewalk approaching Plaintiff. Plaintiff alleges that Defendant's Bernedoodle broke free from Defendant's grasp and lunged at Plaintiff's person, knocking her to the ground. Plaintiff alleges that as she fell to the ground, she attempted to break her fall by putting out her dominant hand to avoid more severe injury to her face or head and neck. Plaintiff alleges that she suffered a b...

Excerpt: ...aintiffs Norman and Maisie Markland (Plaintiffs) allege that they entered into an agreement wherein Eunice Miller (Eunice) (Defendant Delory Miller's mother) and Defendant Delroy Miller agreed that the Plaintiffs would give Eunice the money for the down payment to purchase real property (a residential home) located at 1502 West 85th Street, Los Angeles, California (Property) and money for all expenses related to the property; in exchange, Defenda...

Excerpt: ...endant's PMQ is GRANTED. Defendant is ordered to produce PMQs within 20 days of this order. Plaintiff's request for sanctions in connection with the motion to compel is GRANTED. Defendant is ordered to pay Plaintiff's counsel sanctions in the amount of $1,168.40 within 30 days of this order. Plaintiff is ordered to give notice. Legal Standard Motion for Protective Order When an inspection, copying, testing, or sampling of documents, tangible thin...

Excerpt: ...ey Occupational Center and Does 1 through 100 for injuries arising from a slip and fall on slippery yellow traction plates. The operative Second Amended Complaint (“SAC”) sets forth three causes of action for (1) negligence – against Does 1 through 100, (2) premises liability ag ainst Does 1-100, and (3) dangerous condition of public property pursuant to Gov. Code § 835 against West Valley Occupational Center – Los Angeles Unified School...

Excerpt: ...l misconduct alleged in this action. Plaintiff alleges that he was sexually harassed, assaulted, and abused by Worship Le ader/Lead Pastor of the New Beginnings Family Church, Defendant Robert J. Spina (“Spina”) in approximately 2000 and continuing thereafter. Plaintiff alleges that Spina is the employer, owner, and agent of Defendant Robert Spina International, Inc. (“RSI”) and Defendant Hope Unlimited Church (“HUC”). The complaint, ...

Excerpt: ... Saticoy St., Unit 16, North Hollywood, CA 91605 from Defendants Adil A. Barakat, The Barakat Trust, and Adil A. Barakat as trustee of The Barakat Trust (“Defendant s”). Plaintiff alleges that Defendants own, operate, manage, and maintain the property. Plaintiff alleges that the property has uninhabitable conditions, such as a broken and hazardous heater, peeling paint, damaged walls and floors, cracked ceilings, la ck of hot water, and prese...

Excerpt: ...rt declines to award sanctions at this time. On 7/6/2023, Plaintiff Sandra Greene (Plaintiff) filed suit against Farmers Insurance Exchange (Defendant), alleging: (1) breach of implied obligation of good faith and fair dealing; (2) breach of contract. On 3/18/2024, Plaintiff moved to compel responses to her Requests for Admission (RFAs), Requests for Production (RFPs), and Special and Form Interrogatories (Set One). Plaintiff seeks monetary sanct...

Excerpt: ...rm Interrogatories, Special Interrogatories, and Requests for Production. The Court DENIES Plaintiff's requests for monetary sanctions. Plaintiff is ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND This is a partition action. On October 27, 2023, plaintiff Lawrence Elmer Barkley, Jr. (Plaintiff) filed this action against defendant Judy Ann Drebert (Defendant) and Does 1 through 10, alleging one caus...

Excerpt: ...023. Plaintiffs Marley Washington, Kenneth Washington, and Kimberly Hagan (“Plaintiffs”) oppose and Defendant replies. BACKGROUND The complaint was filed on April 25, 2022. This is a negligence action stemming from a motor vehicle accident, against Defendant and City of Hathorne (“City”). Trial was originally set for October 23, 2023. City's answer was filed on June 7, 2022. On August 8, 2023, pursuant to stipulation, the Court continued ...

Excerpt: ... Madrid Jr. In the complaint, Plaintiff alleges the following causes of action: (1) breach of contract, (2) tortious breach of the implied warranty of habitability, (3) violation of Civil Code section 1942.4, (4) unlawful and unfair business practices, (5) violation of Civil Code section 1942.5, (6) intentional infliction of emotional distress, and (7) violation of Civil Code section 51. On July 6, 2023, Plaintiff served Defendant with special in...

Excerpt: ...ect to the four requests, Defendant responded as follows: “Defendant does not have any documents to produce.” In response to a request for production, a responding party has three options. First, the party may respond that they will comply. Second, the party may represent that they lack the ability to comply. Third, the party may object to the request. (CCP Secti on 2031.210(a)(1)-(3).) If a party picks the second option, they must affirm tha...

Excerpt: ...ff”) RESPONDING PARTY: Defendant American Honda Motor Co., Inc. (“Honda” or “Defendant”) NOTICE: ok. RELIEF REQUESTED: An order from this Court compelling Defendant Honda to provide further responses to Plaintiff's first set of Request for Production of Documents Nos. 18, 45- 46, and imposing monetary sanctions in the amount of $3,220.00. TENTATIVE RULING: The motion is GRANTED IN PART. The request for monetary sanctions is DENIED. BACK...

Excerpt: ... requested. Unless the Court directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify 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 argument is rec eived. Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412....

Excerpt: ...ent to appear is requested. Unless the Court directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify 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 argument is rec eived. Notice may be given either by email at [email protected] or by telephone at (...

Excerpt: ...ments (Set One) The Court considered the moving papers, opposition, and reply. The motion is GRANTED. Defendant is to provide supplemental responses to Request for Production of Documents (Set One) Nos. 13- 16 and 34-35, and responsive documents within 20 days of this order. The request for sanction is GRANTED in the amount of $2004.15, payable within 30 days. Background On January 31, 2023, Plaintiff Miguel Diego Beltran (“Plaintiff”) filed ...

Excerpt: ...ects argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify 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 argument is rec eived. Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: On October 12, 202...

Excerpt: ...he vehicle inspection DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes, Exs. 2 -4, 8, 11 FACTUAL BACKGROUND: Plaintiff Xcaret Estrada alleges that in March of 2022 plaintiff entered into a warranty contract with Kia America, Inc. regarding a 2018 Kia Nero. Plaintiff alleges that under the Song -Beverly Act, defendant had an affirmative duty to promptly offer to r epurchase or replace the vehicle at the t...

Excerpt: ...(“Plaintiff” or “Showroom dba Vesta Home”) RESPONDING PARTY: Defendants Adrian Rudomin (“Rudomin”), Donella Circle, LLC (“Donella”), Tartarus, LLC (“Tartarus”) and The Kraken, LLC (“Kraken”) The Court has considered the moving, opposition, reply and further briefing papers. BACKGROUND On July 21, 2021, Plaintiff filed the operative Complaint against Defendants Rudomin; Donella, Tartarus, Kraken; and Does 1 to 40, inclusive...

Excerpt: ...rt considered the moving papers, opposition, and reply. The motion is GRANTED. The requests for sanctions are DENIED. Background On September 15, 2022, Plaintiffs Joshua King (“King”) and Arianna Rangel (“Rangel”) (collectively “Plaintiffs”) filed a Complaint against Defendants Passons LLC; Ideal Property and Realty, Inc.; Jesus Diaz (“Defendants”); and DOES 1 -100, inclusive for: (1) Violation of California Civil Code § 1942.4; ...

Excerpt: ...nd copying. (CCP § 2025.280(a).) If, after service of a deposition notice, a party deponent fails to appear, testify, or produce documents or tangible things for inspection without having served a valid objection under CCP § 2025.410, the depos ing party may move for an order compelling attendance, testimony, and production. (CCP § 2025.450(a).) The motion must be accompanied by a meet and confer declaration, or, when a party deponent fails to...

Excerpt: ...quested. Unless the Court directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify 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 argument is rec eived. Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. AL...

Excerpt: ... papers. No opposition has been filed as of April 17, 2024. BACKGROUND This action arises out of an employment relationship. On April 16, 2021, Juan R. Andrades filed his Complaint against Defendants and Does 1 through 20, asserting 13 causes of action. On February 14, 2024, Defendants filed the instant motion to compel the deposition of Plaintiff and request for sanctions. Defendants filed notice of non-opposition. No opposition has been filed a...

Excerpt: ...directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify 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 argument is rec eived. Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: Aileen Tahmasia...

Excerpt: ...rbitration is GRANTED and the action is STAYED. BACKGROUND On November 2, 2023, Phebe Shin Kwon filed a complaint against Tesla Motors, Inc. LC for violations under Song- Beverly Consumer Warranty Act. LEGAL AUTHORITY Under CCP § 1281, a “written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and revocable, save upon such grounds as exist for the revocation of any contract.�...

Excerpt: ...hiro Toda and Hanako Toda allege that in September of 2022 plaintiffs purchased a 2022 Tesla Model Y, for which defendant Tesla Motors, Inc. issued a written warranty, pursuant to which defendant agreed to preserve or maintain the utility o r performance of the vehicle or provide compensation if there was a failure in such utility or performance. Plaintiffs allege that the vehicle was delivered to plaintiffs with serious defects and nonconformiti...

Excerpt: ...D JUDGMENT BACKGROUND A. Allegations In this action, Plaintiff The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of CWMBS, Inc., Alternative Loan Trust 2006- OA1, Mortgage Pass-Through Trust Certificates, Series 2006 -OA1 (“Plaintiff”) alleges that it is and was a mortgaged- backed security and holds a beneficial interest in the Note and Deed of Trust at issue in this action. The action involves the r...

Excerpt: ... (3) Defendant's notice of ruing re motion to compel. The request is GRANTED as to the existence of these documents, but not to the truth of the matters asserted within the documents. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1565). Legal Standard CCP section 2023.030 provides that, "[t]o the extent authorized by the chapter governing any particular discovery method..., the court, after notice to any affected party, person, or attorney, a...

Excerpt: ...ummary judgment in favor of defendant Beckman Coulter, Inc. In the alternative, summary adjudication of strict liability claims against Beckman Coulter, Inc. Luong Motion Order granting summary judgment in favor of defendant Hung Luong CAUSES OF ACTION: from Second Amended Complaint 1) Negligence v. Luong, Elowitz, HHMI 2) Negligent Supervision v. Beckman Coulter 3) Strict Product Liability v. Beckman Coulter 4) Vicarious Liability v. Beckman Cou...

Excerpt: ...ND THIRD CAUSES OF ACTION IS SUSTAINED. THE DEMURRER TO THE FIRST AND FOURTH CAUSES OF ACTION IS OVERRULED. THE MOTION TO STRIKE IS GRANTED AS TO PUNITIVE DAMAGES ONLY. PLAINTIFFS TO FILE AND SERVE A SECOND AMENDED COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANT TO FILE AND SERVE A RESPONSE WITHIN 30 DAYS THEREAFTER. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] wi...